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HomeMy WebLinkAbout2008-02-12 Council Meeting Agenda and Reports.pdfDistrict of Maple Ridge COUNCIL MEETING AGENDA February 12, 2008 7:00 p.m. Council Chamber MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people's lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person's behavior will be reprimanded. Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 OPENING PRAYERS Pastor Art Birch - Maple Ridge Baptist Church 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of January 22, 2008 502 Minutes of the Development Agreements Committee Meetings of January 22(2) and 23, 2008 Page 1 Council Meeting Agenda February 12, 2008 Council Chamber Page 2 of 6 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 700 DELEGATIONS 800 UNFINISHED BUSINESS 801 DP/DVP/061/07, 20690 Lougheed Highway and 11839 207 Street Staff report dated December 31, 2007 recommending that the Corporate Officer be authorized to sign and seal DVP/061/07 to vary building height, second storey area, front lot line setback and rear yard setback and further that, the Corporate Officer be authorized to sign and seal DP/061/07 in support of a commercial complex containing a liquor store, pub and commercial space. 900 CORRESPONDENCE 1000 BY-LAWS Bylaws for Final Readiin 1001 Maple Ridge Sewer Rate Amending Bylaw No. 6537-2007 To amend the Maple Ridge Sewer Rate Bylaw Final reading 1002 Maple Ridge Water Service Amending Bylaw No. 6521-2007 To amend the Maple Ridge Water Service Bylaw Final reading 1003 Maple Ridge Recycling Charges Amending Bylaw No. 6538-2007 To amend the Maple Ridge Recycling Charges Bylaw Final reading Council Meeting Agenda February 12, 2008 Council Chamber Page 3 of 6 COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes - February 4, 2008 The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for Municipal Council consideration and final approval. The Committee of the Whole meeting is open to the public and is held in the Council Chamber at 1:00 p.m. on the Monday the week prior to this meeting. Public Works and Development Services 1101 DP/100/07, 11811224 Street Staff report dated January 29, 2008 recommending that the Corporate Officer be authorized to sign and seal DP/100/07 to permit the upgrade of an existing building to allow for two restaurant uses. 1102 DP/004/08, DVP/025/07, 240A Street, 241 Street, Hawkins Avenue and 241A Street Staff report dated January 23, 2008 recommending that the Corporate Officer be authorized to sign and seal DVP/025/07 to vary maximum building height on lots 17-20, 36-42 and 56 and further, that the Corporate Officer be authorized to sign and seal DP/004/08 in support of a 56 lot subdivision. 1103 CP/117/07, 27700 block of 112 Avenue Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 Staff report dated January 16, 2008 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 to designate District owned property from Park to Rural Residential to permit sale of the property be given first reading and be forwarded to Public Hearing. Council Meeting Agenda February 12, 2008 Council Chamber Page 4 of 6 1104 Maple Ridge Hotel Change to Liquor Licence Staff report dated January 28, 2008 recommending that the change to the occupant load for the Maple Ridge Hotel be supported and further, that the extension of operating hours for the Maple Ridge Hotel be supported for Fridays and Saturdays only. Financial and Cor orate Services(including Fire and Police 1131 Appointment of 2008 Local Government Election Officials Staff report dated January 23, 2008 recommending that Ceri Mario be appointed Chief Election Officer and Tonya Polz be appointed Deputy Chief Election Officer for the November 15, 2008 Maple Ridge general local election. 1132 Consolidation Authority Bylaw Staff report dated January 8, 2008 recommending that Maple Ridge Consolidation Authority Bylaw No. 6547-2008 be given first, second and third readings. 1133 Greater Vancouver Water District, Grant in lieu of taxes Staff report dated January 25, 2008 recommending that consent be given to a grant in lieu of taxes as detailed in a letter from the Greater Vancouver Water District. 1134 Door -to -Door Soliciting Staff report dated January 10, 2008 recommending the request of the Kidney Foundation of Canada - BC Branch for permission to canvass door- to-door for the month of March 2008 be approved. Community Development and Recreation Service 1151 Maple Ridge Historical Society - Building Leases Staff report dated January 16, 2008 recommending the authorization of lease agreements for the Maple Ridge Museum, St. Andrews Heritage Church and 22375 Callaghan (land only) location of the Post Office Preschool. Council Meeting Agenda February 12, 2008 Council Chamber Page 5 of 6 Correspondence Other Committee Issues 1200 STAFF REPORTS 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL Maple Ridge Community Heritage Commission appointment of members (from the January 21, 2008 Closed Council Meeting) Maple Ridge/Pitt Meadows Municipal Advisory Committee on Accessibility Issues appointment of members (from the January 21, 2008 Closed Council Meeting) 1400 MAYOR'S REPORT 1500 COUNCILLORS' REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1800 QUESTIONS FROM THE PUBLIC Council Meeting Agenda February 12, 2008 Council Chamber Page 6 of 6 1900 ADJOURNMENT QUESTION PERIOD The purpose of the Question Period is to provide 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 which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. If a member of the public has a concern related to a Municipal staff member, it should be brought to the attention of the Mayor and/or Chief Administrative Officer in a private meeting. The decision to televise the Question Period is subject to review. Each person will be permitted 2 minutes only to ask their question (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 individual members of Council. The total Question Period is limited to 15 minutes. If a question cannot be answered, it will be responded to at a later date at a subsequent Council Meeting. Other opportunities to address Council may be available through the Clerk's Department who can be contacted at (604) 463-5221. Checked by: Date: Q�2 CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES January 22, 2008 Mayor's Office PRESENT: Gordon Robson, Mayor Chairman J.L. (Jim) Rule, Chief Administrative Officer Member 1. DP/051/07 LEGAL: LOCATION: OWNER: REQUIRED AGREEMENTS: Amanda Allen, Recording Secretary Lot A, District Lot 398, Group 1, New Westminster District, Plan EPP123 11749 223 Street & Lot 42, District Lot 398 Allaire Properties (Solo) Inc. Green Building Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO DP/051/07 Chairman CARRIED J.L. (Jim) Rule, Chief Administrative Member/ 502 62478 11841 Rem 43 44 O N N � 45 9218 17 22 N 21 20 19 P 68Q 18 `r P 808 � m 61 N A M ra 1 29 30 31 32 ry a- r W a N P 25783 N N N N � N C N c N a Rem A 1 P 9388 SUBJECT PROPERTIES cN] Pcl.1 N PCLD N a 25 a 26 N 27 28 RP 61574 a N N 11830 (P 2899) 24 N N P 899 P 2899 toco B 38 0 35 34 42 0 (P 2899) A' M N o LP 77916 Nn a) co a o a N *PP081 N N a N N N N N N * N P 2899 RP17417 EP11040 N Rem 43j-_-E em Re, N 45N Rerll N a Of 50 22336 22346/48 22362l64 rn *LMP 29154 22366158 RemN 98 99 N 11768a M N N P 5060 NORTH AVE. N 44 N 11746 45 N Rem Remo Rem Rem Rem 8 46 47 IL M1 48 49 50 44P 55 11740 N N 117 AVE. RemLn a Rem 32 N N N N N N N N N N Rem N N Rem N N NNN 35 0- 33 31 30 29 28 27 26 25 1 M 22 21 20 Rem P t55 P 55 0- P 155 34 11739 11710 J y 14, Rem 5 94 Rem Rem t� 6 '� ^a 206 yss 7 8 ^ 11665/11667 P 55 N N 11683 207 LMP 17221 s r3 P11527 Rem 208 Pcl. "1" 2 210 2173 211 N SCALE 1:2,000 O N O N N N 11749 N A N 41 N 42 43 LMP 39631 P 55 LMS 3814 P 155 13 00 9 10 11 12 ry 14 p A>>- 16 CO'1 th M M M N O M N N N N N N Z RP 53523 ST.ANNE AVE. Rem m p N N N *PP 76 n 11664 N 22 N 21 N 20 N 19 N 18 7 11 11654 B o P 1 5 A11ss RP 6192 11641 I District of f Pitt Meadows _ . Styria„aY 11749 223 STREET & LOT 42, PLAN 155 0 N CORPORATION OF _ ' 7 N �� THE DISTRICT OF F I MAPLE RIDGE AYMon District of r PLANNING DEPARTMENT Langley 1 9. DATE: Jun 28, 2007 FILE: DP/051/07 BY: PC River CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES January 22, 2008 Mayor's Office PRESENT: Gordon Robson, Mayor Chairman J.L. (Jim) Rule, Chief Administrative Officer Member Amanda Allen, Recording Secretary 1. DP/074/06 LEGAL: Parcel "E" (Explanatory Plan 10359), Lot 2, Section 3, Township 12, NWD, Plan 7292 Parcel "F" (Explanatory Plan 9473), Lot 2, Section 3, Township 12, NWD, Plan 7292 Lot 37, Section 3, Township 12, NWD, Plan 41519 LOCATION: 24176, 24198, & 24234 104 Avenue OWNER: The Symphony Development Corporation REQUIRED AGREEMENTS: Enhancement & Protection Agreement THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO DP/074/06. CARRIED cordon Robson, Mayor J.L. (Jim) Rul, Chief Administrative Officer Chairman Member P 10921 4 P 10921 3 P 666E 14 4 15 P 10921 1 P 60927 11 N 4 P 9393 LMP 48057 PARK 57138 [41�40135 1 37 N SCALE 1:2,500 104 AVE. V N K P 20434 N 3 N N 102 B AVE. District of Pitt Meadows District of Langley < a y N SUBJECT PROPERTIES C E F 37 38 O V 00 1 a P 1519 o w Z 104 AVE. � � � N N N � N 35N 36 37 38 3g 40 Re 41 BC 493 g 10 11 12 1 1 15� 8 N 7 N 103SS 103 A AVE. 6 29 28 10349 10352 10347 10 5 0 ,0345 4 10348 10343to 10a39 1n 10342. 1 Qto 32 25 10333 N 10338 M 10331 N 2 33 D- 24 1D327 10330U 1 34 w 10321 10324 O 1 d 10319 10303 BCP1010 PARK PARK n10315 Data top �1oaa1 103 PARK PARK BCP 9309 LMP 35918 0312 'ro '210297 103 AVE. n10305 0306 010z95 ] IL 10298 10300 r 010291 N y n 0292 1.10299 0294 m �102.0286 ;P3139 81ozs1 20N�1L234 2 N 55N5 5N5745 r10293 �70287 0288 (0010285 U) 14595 L P 0282 010289 Q 0p 17]02&5 m (n ]0274 (0 0 C010281 O 0276 00 �p�j10279 1 43 42 41 40 39 38 N 145 16 1 1 1 1 11 1 9 m 5J52 50 51N 1oz68 10275 C9 0270 O11o277 N sz (010269rn N ozsa 18z71A'cY o N n N 02fi0 M(010263 In 00 102 B AVE. 31 36 9 A 7 1 2 3 4 5 6 7 8 37 38 39 40 41 4 4 44 45 46 47 co m 13 ¢ 22 3 24 5 6 2 �m N v v a v v r Va"ey River -MF1 6 95 27��31 3 3 3 3 3 3 3 363 36 10 D 1 1 7 3 7 1 3 1 95 36 12 212 292312A3 24176, 24198 & 24234 104 AVENUE CORPORATION OF THE DISTRICT OF MAPLE RIDGE MAPLERIDGE PLANNING DEPARTMENT DATE: Aug 30, 2006 FILE: DP/074/06 BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES January 23, 2008 Mayor's Office PRESENT: Gordon Robson, Mayor Chairman J.L. (Jim) Rule, Chief Administrative Officer Member 1. DP/050/07 LEGAL: LOCATION: OWNER: REQUIRED AGREEMENTS: Amanda Allen, Recording Secretary Parcel A, District Lot 222, Group 1, New Westminster District, Plan BCP30168 20370 Lougheed Hwy Ronald Jones Release of Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO DP/050/07. Chairman CARRIED J.L. (JRule, Chief Administrative Officer Memb Jr ti LMP 34007 P 61704 11988 0 N 74 1 119 AVE. � LMP 33673 4 i1g81 CO 2 11959 n m 7 RP 8346 4 8 ilgsr EP 11127 11g2z� 1194j Na N 5 N o Pcl.1 N P 48586 68 LMP 34007 P 64073 Rby43 SUBJECT PROPERTY D 75 " Rem 1 AMP 33673 Rem Pcl ONE RP 7774 LOUGHEED HWY Rem 5 N a $ 1 " N P 62569 � " M " a C 11871 N 12160 LMP 25177 " < 4 A Rem 6 7 8 9 P z 5806 3 Rem 54 71850 1 51 52 53 g 32170 P 8 g 39 40 P 9031 11834 P7 28 P 288 16 11826 1 2 30 31 32 33 34 35 36 37 38 Rem C 58 57 56 Rem 55 Rem 29 N N N 11808 N P 358 B 118 AVE. R 801D4 P 7774 0 0 'v " 20498 2 m3 2 " M N M N N v N < N v N 3 17 $ 1 11789 " 1" 2" 3 4 5 6 1" 2" 2 1 2" zo46s P 8656 P 7672 4 2049216 20287 n a 1 Rem A 694 P 69 48 7769 zoa7s 6 7 8 10 11 7392 3 7 6 5 a 15 0 6 a 20289 w w a 9 5 4 N '< a 3 zoa6a a g W RP 209 216 202917 11777 WALNUT CR.18 8 9 10 1110"P 25049°m a g c 802 5 4 3 2 1 o g" 7" g 8 910jkl District of +� Pitt Meadows - , O 20370 LOUGHEED HWY .N Mo 1 o CORPORATION OF - o THE DISTRICT OF - MAPLE RIDGE of AI61oNDistrict PLANNING DEPARTMENT Langley � SCALE 1:2,500 DATE: Jun 27, 2007 FILE: DP/050/07 BY: PC River~ MAPLE RIDGE British Cot is DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Gordon Robson DATE: December 31, 2007 and Members of Council FILE NO: DP/DVP/061/07 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit & Development Variance Permit 20690 LOUGHEED HWY & 11839 207 ST EXECUTIVE SUMMARY: A Commercial Development Permit Area application has been received for the above noted properties in support of a commercial complex containing a liquor store, pub and commercial space. As required under Commercial Development Permit Area Guidelines, a permit must be approved by Council. Four development variances are being sought to the Zoning Bylaw. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/061/07 respecting properties located at 20690 Lougheed Highway and 11839 207 Street; and further That the Corporate Officer be authorized to sign and seal DP/061/07 respecting properties located at 20690 Lougheed Highway and 11839 207 Street subject to approval of DVP/061/07. 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 Proposed: Commercial Zoning: Existing: RS-1 (One Family Urban Residential), CS-1 (Service Commercial) Proposed: 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: Residential Zone: RS-1(One Family Urban Residential) Designation: Commercial Existing Use of Property: Hotel, Liquor Primary Establishment & Licensee Retail Store 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 Companion Applications: RZ/061/07 b) Project Description: A development permit application has been made in support of a development plan for a split level one and two storey building with a Licensee Retail Store and 600 mz of commercial retail space located on the main floor and a 200 seat pub and kitchen located on the second floor. A semi -enclosed patio is located off of the pub. Access will be off of Lougheed Highway and 207 Street. The building's exterior will be clad in wood using a combination of timber posts, cedar shingles and clapboard beveled siding. The roof and fascia will be a durable charcoal gray metal. The corrugated metal 'silo' on the northwest corner of the site is the feature element to attract those traveling eastward along Lougheed Highway. The base of the building is designed with a 36" high concrete 'curb' to deter 'crash and grab' theft. These walls are clad in porcelain tiles and are capped with checker plate steel windowsills. As a further deterrent to vandals solid aluminum roll shutters will be installed in the LRS half of the building. There will be a Hammond Mill Centre pylon sign prominently displayed beside the northwest access facing Lougheed Highway as well as along 207 Street. Additionally, a stone clad concrete block wall with precast concrete cap and signage will be located at the corner of 207 Street and Lougheed Highway. -2- Planning Analysis: Official Community Plan: This property is subject to the guidelines applicable to Section 8.5 Commercial Development Permit Area Guidelines of the Official Community Plan that aim to regulate the form and character of development located within commercial areas. This development respects the key guideline concepts as outlined in this section. 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development. Various measures have been proposed to reduce the impact of the proposed development on neighbouring properties. The semi -enclosed patio has a glazed roof which will provide year round sound and weather protection. The two outward facing sides of the patio have a solid guardrail to the height of 42" which is clad in wood. Above the guardrail is a further barrier with commercial openable aluminum frame glazing. On the south side of the patio a large planter will provide a visual barrier between the patio and the neighbouring properties. Landscaping will be provided on the south and west property lines to provide safety, sound attenuation and improve the interface between the commercial use and the adjacent residential properties. The garbage and recycling building will have a split face concrete block wall on the south and west sides against the residences to reduce sound travel and an insulated wood frame wall on the north and east sides away from the residences to provide some sound protection and odour barrier, while still being visually attractive. In addition the enclosure will have locked steel doors and a roof. An 8 foot wooden fence along the south property line will act to further reduce noise transfer. 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts. Significant landscaping has been provided along Lougheed Highway and 207 Street and the overall planting design provides visual interest. A public seating area is provided along Lougheed Highway. There are well defined pedestrian entry points off both Lougheed Highway and 207 Street which provide connection around this commercial building via a covered walkway. A stone wall with Hammond Mill Centre inscribed on the corner of 207 Street and Lougheed identifies the building as a landmark at this significant intersection. All parking for this development is located to the rear of the building, creating a pedestrian environment along the streetscape. 3. Promote sustainable development with multimodal transportation circulation, and low impact building design. Sustainable development is provided through provision of bicycle racks, the use of drought tolerant plantings and a bio filtration swale for storm water management. 4. Respect the need for private areas in mixed use development and adjacent residential areas. The existing development is strictly commercial. The proposed building is sited on the North side of the property away from the residential buildings to mitigate noise traveling to neighbouring -3- properties. A fence separates the residential and commercial properties and the property is well landscaped providing visual interest whilst protecting the privacy and liveability of the neighbouring residences. 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. This is a unique development that provides visual interest with varied roofs, a multi -stepped fagade, numerous windows, warm exterior materials, and attractive landscaping. The style of the other buildings in the area is very diverse. Zoning: A Development Variance Permit application has been received to vary four requirements to the Zoning Bylaw. The applicant provided the following rationale for the requested variances: 1. The building height of 7.5 m has been exceeded to accommodate the pitched butterfly roofs. The height of the roof from the slab elevation is now 9.15 m, an excess of 1.65 m over the bylaw. The butterfly roofs act as a feature of the building while helping to create a balanced building form as well as provide visual interest to passersby along Lougheed Highway; 2. A second storey greater than 50% in area of the first storey. The second storey pub and deck combined are 50.9% of the lower floor, therefore the areas are slightly over the maximum with the patio; 3. To vary the 3.0 metres front lot line setback to 0.0 m to allow a canopy to extend to the sidewalk to give additional rain protection to 207 Street; 4. To vary the rear yard setback for the garbage and recycling building from 6.0 m to 1.5 m. c) Advisory Design Panel: The proposed project was reviewed by the Advisory Design Panel on September 11, 2007 and was given general support by the group but recommended that revisions to the proposal be submitted to Planning staff to address the following: • Location of sidewalk along 207 Street (confirmation with. Engineering Dept). • Relocation of garbage and recycling enclosure and screening. • Strengthening of the architecture of the corner at Lougheed Highway and 207 Street. Following this meeting, project plans were revised as follows: 1) The sidewalk location was confirmed with the Engineering Department; 2) The garbage and recycling building was redesigned to include a roof and concrete walls on the south and west sides facing residences and an insulated wood frame wall on the north and east sides away from the residences in order to reduce noise and odours. In addition, a locked pair of steel doors has been added to deter access by the public and mitigate noise; and 3) Added more outrigger beams and a trellis 12 feet along 2071h and 24 feet along Lougheed Highway in order to provide significant interest without a traditional tower solution. -4- d) Intergovernmental Issues: Future road improvements being considered for this area that are adjacent to this site are located on lands owned by the Ministry of Transportation. This application was referred to the Ministry of Transportation for comments and approval granted. e) Citizen/Customer Implications: Residents to the south and west of the proposed development have expressed concerns regarding: 1) Noise from the unenclosed pub patio and its location at the rear of the building facing adjacent townhouse units; 2) Loud music emanating from the building; 3) Noise from vehicle traffic into/out of the parking lot and drunk and disorderly patrons in the parking lot; 4) Safety of the adjacent townhouse units; and 5) Noise and odors from the garbage & recycling enclosure proposed to be located beside the adjacent townhouse units. In response, the project plans were revised as follows: • To address noise concerns, the pub patio has been semi -enclosed with a solid guardrail clad in wood above which will be commercial openable aluminum frame glazing for a total barrier height of 2.1 metres on the west facing wall and 2.4 metres on the east facing wall. In addition, a permanent roof has been added. Therefore, there will only be one opening on the west side of the patio, which is necessary to provide natural ventilation; • The fence along the south property line has been changed from 1.8 metres to 2.4 metres to increase security and will be made out of tongue and groove cedar which will aid in noise abatement. • Modified the plantings along the south property line to include barberry which will act as a planting barrier to discourage crime; • A 1.5 metres wide by 7.3 metres long planter has been added on the south side of the patio to provide a visual barrier between the patio and the neighbours; and • The garbage and recycling bins will be completely enclosed in a building providing noise and odour mitigation from the adjacent townhouse units. In addition to the Rezoning, Development Permit, and Development Variance Permit applications, the applicant has also applied to the Liquor Control and Licensing Branch to increase the seating capacity of the pub from 150 to 200 people and change the pub's hours from 9:OOAM-12:OOAM to 11:30AM-1:30AM. These changes may affect neighbouring residents and some opposition to these requests is expected. The Director of Licenses, Permits and Bylaws will provide Council with a report on the proposal changes to the liquor license prior to Final Reading of Zone Amending Bylaw 6510- 2007. -5- The existing building is recognized to have some social heritage value to the community. As such, a plaque will be placed in the entrance of the new building commemorating the Maple Ridge Hotel. The plaque will display photographs and a write-up about the history of the old hotel. f) Financial Implications: A refundable security in the amount of 2.5% of the total construction costs will be required with this Development Permit. Based on an estimated construction value of $2,407,390 the security will be $60,185. There will be 12 trees added to the municipal street tree inventory on completion ofthis project. The costs associated with maintaining these trees will need to be included in a subsequent operating budget. g) Alternatives: Under Section 919.1 of the Local Government Act and Section 8.1 of the Official Community Plan the property has been designated a Development Permit Area with special requirements for commercial development. Council approval is required for the Commercial Development Permit Area as presented in this report prior to a Building Permit being issued. CONCLUSION: As the development proposal complies with the guidelines of the Commercial Development Permit Area, it is recommended that DP/061/07 be given favourable consideration. Prepared by- Erik4-Syvokps MCIP of,R"ning Approved by: Frank Quinn, MBA, P.Eng ��.� GM: Public Works & Development Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: AppendixA- Subject Map Appendix B- Proposed Site Plan Appendix C- Proposed Exterior Elevations Appendix D- Landscape Plan M Rem 1 P 69066 A P 66429 300 P 9801 P 76445 M73 Rem 45 P 75912 1 m 11955 11910/50/98 ti P 76445 119 AV E. B 11935 119 AVE. N N P 78869 2 0 1 a J 2 7� P 75414 N NWS 2959 3 NWS 3136 P 87086 1 "A" (P 87086) SUBJECT PROPERTIES^ P 10201 803 N LMP 1703 804 (LEASE PLAN) P 25 11 1 F P 75414 NWS 2745 RI 7BA�F RF N P 75414 1 NWS 252 P 54395 47 H 119AVE. N P 56403 P 8 35 P$ 35 P qg 18 Rem 16 15 1 n Lou a � � 6 11842 35 36 N 5 A 43 11836 P 898 4 LOF (P 8735) 11828 d w ro 3 1 3 ro 24 o n822 11819 11819 11820 13 2 t1807 M r 68 25 226 n 11810 971 n7ss Rem 1 14 N 1 7 NRg" 6 197 11792 m 211 Pcl. 22 M 198 11798 RP 15896 11782 a 11789 0 4 5 a 11776 Rem "D" NWS 3167 3 11778 P 5 6 199 11779 218 200 11771 RP 7130 11757 P 54899 201 369 11765 202 11741 ^ 241 11725 11759 11754 203 1 NWS 2170 11750 242 LMS 120 s1751 District of +tj , j Pitt Meadows --- 20690 LOUGHEED HWY. & -- SlHerVsAey ROLL #2131600008 N ! CORPORATION OF .N �^ THE DISTRICT OF N El MAPLE RIDGE District of PLANNING DEPARTMENT Langley SCALE 1:2,500 DATE: Aug 10, 2007 FILE: RZ/061/07 BY: PC Rlver -�, ter;" ��• Law r`a ODD Q r; W r S � s:t J MINIM ■i■ IN: 7F 7 ............._.._ _. •._--�.-.� ..�q m _ -� - - :.:� � ■his.--'� i■ six 110119 1 PPIMPT"i- X IT" UaU�' U h x 4 I W DISTRICT OF MAPLE RIDGE BYLAW NO. 6537-2007 A Bylaw to further amend Maple Ridge Sewer Rate Bylaw No. 718 - 1964 WHEREAS, the Council may by bylaw impose a charge against the owner or occupier of real property for the use of a sewage system and may vary the charge; AND WHEREAS, the Council wishes to amend the sewer charge for all uses; NOW THEREFORE, the Municipal Council of the District of Maple Ridge ENACTS AS FOLLOWS: 1. This Bylaw shall be cited for all purposes as "Maple Ridge Sewer Rate Amending Bylaw No. 6537-2007". 2. The part entitled "Residential", "Commercial" and "Industrial" in Section 3 of Maple Ridge Sewer Rate Bylaw No. 718-1964 is hereby deleted in its entirety and replaced with the following: RESIDENTIAL Single Family Residential $215.85 per dwelling unit Duplex $215.85 per dwelling unit Triplex $215.85 per dwelling unit Apartment $215.85 per dwelling unit Townhouse $215.85 per dwelling unit Mobile Home $215.85 per dwelling unit Boarding House, $215.85 per dwelling unit Including Rest Homes $56.20 for each boarder or roomer kept in excess of two (2) boarders or roomers COMMERCIAL Each Hall $215.85 Each Theatre $215.85 Each Church $215.85 Each Store $215.85 Each Office $215.85 Each Shop $215.85 Each Barber Shop $215.85 1001 Bylaw No. 6537-2007 Page 2 COMMERCIAL (oonr Each Beauty Shop $215.85 Each Restaurant $215.85 up to 10 seats $22.15 for each additional seat Each School $156.20 per classroom Each Hospital $156.20 per bed Each Motel or Hotel $215.85 first room $56.65 for each additional room Each Beverage Room $215.85 up to 10 seats $22.15 for each additional seat Each Laundry $355.20 Each Dry Cleaner $215.85 Each Laundromat $215.85 minimum $56.65 per machine INDU TRIAL All Industrial Uses The charge shall be 67.58% of the metered rate as established for the subject parcel by Maple Ridge Water Service Bylaw No. 6002-2001 (as amended) except, however, if the said parcel is not metered, then the rate for each industrial user connected to the sanitary sewer shall be the same as the flat rate of $215.85 MAYOR READ a first time the 22^d day of January, 2008. READ a second time the 22^d day of January, 2008. READ a third time the 22"d day of January, 2008. RECONSIDERED AND ADOPTED the day of , 2008. CORPORATE OFFICER DISTRICT OF MAPLE RIDGE BYLAW NO.6521-2007 A Bylaw to further amend Maple Ridge Water Service Bylaw No. 6002-2001 WHEREAS it is deemed expedient to amend Maple Ridge Water Service Bylaw No. 6002-2001 to adjust the fees to more truly reflect the actual average costs; AND WHEREAS it is deemed expedient to amend Maple Ridge Water Service Bylaw No. 6002-2001 to extend the Rothsay Service Area to include properties on Rothsay Street (addresses from 12012 to 12193); NOW THEREFORE, the Municipal Council of the District of Maple Ridge ENACTS AS FOLLOWS: 1. This Bylaw shall be cited for all purposes as "Maple Ridge Water Service Amending Bylaw No. 6521-2007". 2. That Schedules "A" ,"B", "E" and "G" be deleted in their entirety and Schedules "A" ,"B", "E" and "G" attached hereto be substituted thereto. READ a first time the 22"d day of January, 2008. READ a second time the 22"d day of January, 2008. READ a third time the 22"d day of January, 2008. RECONSIDERED AND ADOPTED the day of , 2008 CORPORATE OFFICER Attachment: Schedules A, B, E & G 1002 District of Maple Ridge Maple Ridge Water Service Amending Bylaw No. 6521-2007 SCHEDULE "A" Flat Rate Charges (Annual Rates) USES RATE A. Residential (1) Per Single Family Dwelling Unit in the General $319.40 Water Supply Area (2) Per Additional Dwelling Unit located within the $159.70 Structure of a single family dwelling unit (3) Per Multiple Dwelling Unit (4) Per Dwelling Unit in the Garibaldi Water Supply Area and the Rothsay Water Supply Area the residential rate set from time to time in Section A(1) of this schedule plus $357.00 per dwelling unit; Provided that commencing in the year 2015, the rate in the Rothsay Water Supply Area and in the year 2016, the rate in the Garibaldi Area shall be only the residential rate set from time to time per dwelling in Section A(1) of this Schedule. B. Industrial, Commercial, Institutional $303.20 (1) Per Unit $319.40 District of Maple Ridge Maple Ridge Water Service Amending Bylaw No. 6521-2007 SCHEDULE"B" Meter Rates 1. Water consumption charges for metered services per quarter shall be at $0.5478 per m3. 2. A base rate will be levied per quarter in addition to consumption charge noted in paragraph (1) as follows: Connection Size Base Rate per Quarter 25 mm or less $24.60 40 mm $36.10 50 mm $57.90 75 mm $108.30 100 mm $151.60 150 mm $223.80 200 mm $303.20 250 mm $440.40 , A N � 124 AVE. District of Maple Ridge Maple Ridge Water Service Amending Bylaw No. 6521-2007 SCHEDULE "E" Rothsay Service Area 6 v a 123AVE. y� h j y ry 122 AVE. 122AVE.--F---- n � 4 - N ' pEWDNEY TRUMK ROAD n �i 118 AVE. 116 AVE. District of Maple Ridge Maple Ridge Water Service Amending Bylaw No. 6521-2007 SCHEDULE "G" Parcel Tax [Annual Rate Use Annual Parcel Tax For each parcel of land, that is not serviced with a municipal water service as defined in this bylaw and is fronting or partially fronting a municipal watermain: $71.30 THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6538-2007 A Bylaw to further amend Maple Ridge Recycling Charges Bylaw No. 4655 - 1992 as amended WHEREAS pursuant to provisions in the Local Government Act and the Community Charter Maple Ridge Recycling Charges By-law No. 4655 - 1992 as amended has been adopted; WHEREAS it is deemed expedient to further amend Maple Ridge Recycling Charges Bylaw No. 4655 - 1992; NOW THEREFORE, the Council of the District of Maple Ridge ENACTS AS FOLLOWS: 1. This Bylaw shall be cited for all purposes as "Maple Ridge Recycling Charges Amending Bylaw No. 6538-2007". 2. Section 4 is deleted in its entirety and replaced by.the following: "4. The annual recycling charge will be in the amount of Twenty-eight Dollars and Eight Cents ($28.08) per taxable property. If services to properties commence part way through the year, the charges will be pro -rated for the portion of the year that the services are provided." 3. Section 6 is deleted in its entirety and replaced by the following: "6. The amount of the annual curbside collection charge will be as follows: Single Family Residential Duplex Triplex Townhouse Boarding House (Including Rest Homes) Condominiums Apartment $28.87 per dwelling unit. $28.87 per dwelling unit. $28.87 per dwelling unit $28.87 per dwelling unit $28.87 per dwelling unit $28.64 per dwelling unit $28.64 per dwelling unit If services to properties commence part way through the year, the charges will be pro -rated for the portion of the year that the services are provided." READ a first time the 22nd day of January, 2008. READ a second time the 22nd day of January, 2008. READ a third time the 22nd day of January, 2008. RECONSIDERED AND ADOPTED the day of , 2008. MAYOR CORPORATE OFFICER 1003 MAPLE RIDGE British Columbia DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Gordon Robson and Members of Council FROM: Chief Administrative Officer SUBJECT: Development Permit 11811 224 Street EXECUTIVE SUMMARY: DATE: January 29, 2008 FILE NO: DP/100/07 ATTN: C of W A Commercial Development Permit has been received for property located at 11811 224 Street. The subject property is located on a prominent corner within the town centre. The applicant proposes to upgrade the existing building to allow for two restaurant uses. The plans for the development are consistent with the policies of the Official Community Plan and comply with the provisions of the Zoning Bylaw and Off -Street Parking and Loading Bylaw. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal D13/100/07 respecting property located at 11811224 Street. DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Zoning: Existing: Surrounding Uses North: Use: Zone: Designation South: Use: Zone: Designation The TDL Group Corp. Trevor Sholdice RKN Development Inc D.L.: 398, Plan: RP79776 Town Centre Commercial C-3 (Town Centre Commercial) Commercial C-3 (Town Centre Commercial) Town Centre Commercial Commercial C-3 (Town Centre Commercial) Town Centre Commercial 1101 East: Use: Zone: Designation West: Use: Zone: Designation Existing Use of Property: Proposed Use of Property: Access: Servicing: b) Project Description: Commercial C-3 (Town Centre Commercial) Town Centre Commercial Commercial C-3 (Town Centre Commercial) Town Centre Commercial Currently Vacant, but once used as Financial Institution Restaurant Parking accessed by Lougheed Highway and rear lane Full Urban The subject property is located at the corner of 224 Street and Lougheed Highways and is within the Town Centre. There is an existing building, which was once occupied by a Financial Service use. The applicant proposes to upgrade and convert the existing building to allow for two restaurants. The upgrades to the building include new entryways, new windows, alterations to the canopy, and a new patio. As drive-throughs are not supported in the Town Centre, no drive- throughs are proposed for either restaurant use. There is a Statutory Right -of -Way along the south side of the property to accommodate the District's sidewalk. The applicant has ensured that the proposed changes do not encroach into this Statutory Right -of -Way. The applicant has submitted a landscape plan. As the site is already developed, there is little opportunity for additional landscaping. However, the applicant has made efforts to add planting along the west property line and around the new patio. The applicant is also proposing two benches with potted plants along the east property line. As the proposed use of the existing building will be for Restaurant Use, the applicant was required to designate a loading zone, which would be sufficient for the types of vehicles which would be delivering goods to the businesses. Therefore, the applicant removed two of the customer parking spaces to allow for a loading space. Although two customer parking stalls will be removed to accommodate a loading zone, the proposal still meets the requirements of the Off - Site Parking and Loading Bylaw, which requires a minimum of 16 parking stalls for the proposed use. c) Planning Analysis: The purpose of a Commercial Development permit is to foster attractive commercial areas that is compatible with adjacent development and enhances the unique character of the community. The key concepts are as follows: 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development. -2- • The existing development is surrounded by commercial uses and is of similar scale and massing as other developments in the area. • Upgrades to the landscaping have been proposed and are supported by ADP. 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts. • The applicant is proposing a new patio for outdoor seating as well as benches on east side of the property. • The applicant has also added landscaping along the west property line to enhance the appearance of the parking area. 3. Promote sustainable development with multimodal transportation circulation, and low impact building design. • The subject property is located close to public transportation. • The proposed patio and benches create a more inviting area for pedestrian circulation. 4. Respect the need for private areas in mixed use development and adjacent residential areas. ■ The existing development is strictly commercial and all surrounding uses are commercial. 5. The form and treatment of new buildings should reflect the desired character and pattern of development and adjacent residential area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. • The upgrades to the store fronts, with the new windows and alterations to the canopy will enhance the character of the existing development. d) Advisory Design Panel: The Advisory Design Panel reviewed the application on January 8, 2008. They noted that as the building is existing and is being renovated there are no specific comments from Design Panel. Landscape plans were reviewed and have been supported. Therefore, Advisory Design Panel expressed overall support for the project as presented by the applicant. e) Financial Implications: A refundable security in the amount of 2.5% of the total construction costs will be required with this Development Permit. Based on an estimated construction value of $310,000.00 the security will be $7,750.00. -3- CONCLUSION: The proposed changes do not compromise the intent of the Commercial Development Permit Area and are not a substantial change to the earlier design. Therefore, it is recommended that DP/100/07 be given favourable consideration. 1f JW. i."4.� Planning Technician Approved � . e , CP, MCIP Di yr of, Planning-.-� Approved key: Frank Quinn, MBA, P.Eng Public Works & Dgvelo�ment Services Concurrence: J. L/(Jim) Rule Administrative Officer The following appendices are attached hereto: Appendix A: Subject Property Appendix B: Elevation Plans Appendix C: Land:-caping Plans -4- Appendix A o � ;�Q 8 0 3, 4 5 N 6 N 7 CN 11893/95 a N B 118ss C) N * P 289 Rem 9 P 289 LMP 9543 Rem 10m_o C 16 15 14 u A 118677118 77 11863165 65 N 11850 ti �- �- m 106 Zellers 00c\I N N N N P 533811855 I SELKIRK AVE. � o N m "' m `- t` N i° p m 29 N PcI.D N a (0 LO 25 26 N 27 28 11841 4 a N N 1 SUBJECT PROPERTY tP 2899) 24 N N P 899 30 ' 6 P 2899 nf LO CO RP 7636 38 ,A, o 35 34 N P 79776 99 L 7916 to r- 00� n t cn CO Q cnc ti A EP 10459 81 a J 11811 P 7487 P 5414 N N N J N N N to P 2899-- OrN cq P 2899 2 o M CO 17417 EP11040 N A N CM N Rem 11783 Rem NB� - M em Re o N 3 1 2 11781 D`° � PCI 45 N m N �' N N 143 2 em 9LO It N C 33' Rem Rem [a. N 8 48 49 50 4 1 11777PP092 r11774/78 74R11177 41 111 7 22338 °- 22346/48 22362/64 117fi7 *LMP 29154 22358/58 11765 ry C169 o098 99 53 52t, c) 11763 � co B / 00 LO P 506oq P 899 a 69 d `° m N NORTH AVE. N ` 68 11759181 N NORTH AVENUE P 51411 11743 N Rem 105 N 11811 224 STREET I ! o ~ CORPORATION OF Cr .KraY o - THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE ;.H PLANNING DEPARTMENT DATE: Nov 28, 2007 FILE: DP/100/07 BY: PC l}Pret) d %x .8 IIIIIIIIIIIIII y £ 3� Yz Zip 3y `$ i ei viv g9 i Y E 3 ESp 33i f`i'F EEY�t2 4 8 YESES: F1� �S S6i f �L oo© o ® g0000000 n W O Z g y 0; w ;All Y� e@ c ®§iaS} eg? a J �y Y Eu wBPesSaigS��.. � C 5 a -GEES ��n�xx 33'att��� X Eu o0 0000a o00 oa000 W _ OO OF N — KH ` E3 �N W W E a L Z W LL Sa i LU y r� z m a ran ro "" 0 0 0 8 0 w U § f F Y �11111 011111 111!!1 call ®� a �I ��c IIII[IllllllllllElVlllllf] ° ' M13 P fi 0 R 9 9 © 4©BE7©© mill F, fill �®I llll o • i • _�; •��IdEIIEEEEIEE�II�°IIE..:IIf a' ��• � I �C� CD e �. Ei � II�� oww occewwQe99oo9 j n o IIIIIII.II.I.II.[II.EIII.11111i1111. 1f11II111A�flll�lllll ° �� � ��■ 111111111�111 ° �' msom ���' W1f1>X�lllfllilgllllV, ° Illlllllllllll;��w.nuu a . � uulllll[�I®IIAFI i �� � = � _ IIIIIIIIIIII��II�IIlll�illl � 9 �; IIIIIII ti �- p o ��-11��� i � _ illlll ° �� �: 11111111111111111�111 I' ,_ Illlli ° i I IIIII _I�f loll 9 • : �i�l � ��II a _E � Ill ��11111111 I ■I Rill' Pend;x C 2 � gill Jill 6133&LS VZZ lu � q CL lily I o NQQQQ El Z ,V- I� —J ONUSIX3 SNM 9NI1SIX3 Lr o 0 0 0 0 0 2 I �s � o� � LLJ cn �_/^� �U W V � � J U ff Jw O m ow � I oQ I m wa x� , r ED- S r � Ovold u) 3NIl A1�3doad MAPLE RIDGE British Cotumbie TO: FROM: DISTRICT OF MAPLE RIDGE His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer DATE: January 23, 2008 FILE NO: DP/004/08 DVP/025/07 ATTN: C of W SUBJECT: Development Permit and Development Variance Permit Lots: 1-56, Section: 3, Township: 12, New Westminster District, BCP28011 240A Street, 241 Street, Hawkins Avenue, 241A Street EXECUTIVE SUMMARY: An Intensive Residential Development Permit and Development Variance Permit application have been made for the 56 subject properties. As the zoning for this proposed development is R-3 (Special Amenity Residential District), the Intensive Residential Development Permit applied to this proposed development. The Intensive Residential Development Permit was established to provide a greater emphasis on high standards in aesthetics and quality of built environment while protecting important qualities of the natural environment. Due to topographic challenges, a Development Variance Permit application has been make for 12 of the subject properties to vary the maximum building height in the R-3 (Special Amenity Residential District) zone from 9.75 metres to 11.75 metres. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/025/07 respecting Lots: 17-20, 36-42 & 56, Section: 3, Township: 12, New Westminster District BCP28011 and further; That the Corporate Officer be authorized to sign and seal DP/004/08 respecting Lots: 1-56, Section: 3, Township: 12, New Westminster District BCP28011 DISCUSSION: a) Background Context: Applicant: Onni Development (240 Street) Corp Owner: Onni Development (240 Street) Corp Legal Description: Lot: 1-56, Section: 3, Township: 12, Plan: BCP28011 OCP: Existing: Medium Density Residential Zoning: Existing: R-3 (Special Amenity Residential District) 1102 Surrounding Uses North: South: East: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential) Designation Medium Density Residential, Conservation Use: Single Family Residential Zone: R-3 (Special Amenity Residential District) Designation: Medium Density Residential Use: Single Family Residential Zone: R-3 (Special Amenity Residential District) Designation: Medium Density Residential West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Previous Applications: b) History: Single Family Residential RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential) Agricultural Vacant Single Family Residential 3.519 Hectares (8.7 acres) 240 A Street, 241 Street, and 241 A Street Full Urban RZ/083/03, SD/083/03, DP/083/03, DP/029/06, VP/029/06 The subject site was zoned R-3 (Special Amenity Residential District) on November 22, 2005. Council approved a Development Permit for Watercourse Protection on April 25, 2006 and on May 23, 2006 a Development Variance Permit to permit the Albion Village Standard for roads and allow for reduction in lot depth for lots 9-21 and 53-56. An Intensive Residential Development Permit regulating the form and character of R-3 (Special Amenity Residential District) lots was approved June 27, 2006. Development Permits lapse if the Permittee does not substantially commence the development permitted by the Development Permit within one year of the date of issuance. In this instance, the proponent was not able to obtain building permits before June 27, 2007 and have not yet commenced development. The applicant has therefore, re -applied for the Intensive Residential Development Permit regulating the form and character of R-3 (Special Amenity Residential District) lots. c) Project Description: The lot configuration was challenged by fairly steep topography and existing servicing and road patterns. As such, most of the lots are front loaded (16 homes having lane access). In responding to the various site conditions, the overall project has benefited from the variety of required house types: front loaded, lane access, corner lots, front slopes with garages in the basement floor, rear slopes and side slopes as it creates more diversity than a typical uniform -2- subdivision. The subdivision geometry consists of lots that are larger and wider than typical R-3 (Special Amenity Residential District) lots. The architectural styles range between craftsman, neo heritage, and traditional. The exterior materials include stone, board and batten, siding, bevel siding, tudor finish and shingles. All units except type "G" have dominant front porches and single storey entries. There are 7 distinct floor plans which respond to the various site conditions: • Unit "A" is a narrow home design along 240th Street; these are front entry lots with lane access. • Unit "B" is a wider lane access design which addressed 240A Street. • Unit "C" is a wide, narrow design with is typically used as an end unit or corner unit with front garage and front entry. • Unit "Y is a corner unit with the garage facing one street and the entry addressing the corner. • Unit "E" is front loaded deeper unit typically used mid block • Unit "F" is used twice on corner lots. It has the entry facing the street and the garage facing the flanking street. • Unit "G" is the unit used along the seven lots along the east boundary of the site where the garage is located at the basement level and the main entry is half a floor above street level. d) Planning Analysis: Intensive Residential Development Permit: The Intensive Residential Development Permit Area was established to provide a greater emphasis on high standards in aesthetics and quality of the built environment while protecting important qualities of the natural environment. The key guideline concepts for the development permit area are as follows: 1. Neighbourhood cohesiveness and connectivity should be maintained though the design of varied yet compatible buildings in materials used and in architectural styles, in landscapes and in recreational area, and by facilitating a range of transportation choices. • The Proposed development is surrounded by residential uses and is compatible with other R-3 (Special Amenity Residential District) developments in the area. ■ All unit types except type "F" have 3 alternative elevations for a total of 20 complementary designs over the 56 lot subdivision. • A street tree plan has been submitted to the District, with meets the District's Street Tree Guidelines. 2. A vibrant street presence is to be maintained through a variety of housing styles by maintaining street parking and directing garage structures and off-street parking to the rear of a property accessible by a lane. • The proposed single family homes front the proposed streets to be constructed and all units except for unit "G" have front porches which create an outdoor living space. • Where the subdivision includes lanes, garages are located at the rear. -3- Development Variance Permit: In addition to the Development Permit the applicant has requested a Development Variance for building height for 12 lots with building types "C" and "G". This variance request affects Lots 17- 20, 36-42 and 56 with the request to increase the maximum building height in the R-3 (Special Amenity Residential District) zone from 9.75 m to the proposed 11.75 m, a difference of 2m. As these lots are the most affected by topographical and service challenges, the housing design have been designed to accommodate the steep sloped lots; the proposed basement level is set as low as possible without the installation of sanitary pumps. The applicant is concerned that the height restrictions on these lots would be difficult to create a practical design of a two storey house to suit the natural characteristic of the above mentioned lots without incorporating an excessive amount of unsightly retaining walls and stairs. e) Environmental Implications: A Development Permit for Watercourse Protection has been issued for this development. The applicant is still bound to the details of this Permit. f) Citizen/Customer Implications: The developer will not be issued a building permit for show homes or permanent units until a Development Permit has been approved. CONCLUSION: As the development proposal complies with the guidelines and objectives of the Intensive Residential Development Permit Area, it is recommended that DVP/025/07 and DP/004/08 be given favorable consideration. ArOe r 1 Prepared by: of !clan ,MCP, MCIP Approved by' Prank Quinn, MBA, P:E g -AGM: Pu Works & ❑ velopment Services k Concurrence: L. (Jim) Rule A hief Administrative Officer JC/dp The following appendices are attached hereto: Appendix A: Subject Property Appendix B: Site Plan Appendix C: House Elevations Appendix D: Landscape and Retaining Wall Plan lid f0213 10175 10141 22 0 10121 N 64270 10031 P 38144 15 14 2 a 3 S M � N N 75' of 4 rL 26 22 P F9246195 7 102AAVE. 3 P 1 0 9 8 7 6 15 14 6 718 9 21 37 LMP 48057 a 102 A AVE. 2 a 3 6 8 1 312 Mm 111N0 517 5 N mg�;�s BCP 9309 „y Rem. B N N N 48057 2 3 4 P 5 6 7 8 9 7 011 2 314161617 1 BON 3139LMP 2 [�3p' BCP 1010 P 39666 d ' 8 36 N 10188 FA *PP004 7 8 11 12 13 14 15 B A 21 10174 2fi (P 19526) (P 19526) P 19 6 (P 19526) P 19526 10160 P 19526 PARK BC 20970 PARK BCP 20970 29 101 AAVE. 22 2r, 10159 N 30 NU22 10153 h 0150 r 28 ~ O t0151 ¢ 0152 8 21 'V 24 N a 0142 O 10141 7 1014s 10140 d 10141 a 31 c°�7 34 N38 9 20 0130 10137 0138 10131 g 8 10135 23 32 m 33 0132 0128 5 a4iN HAWKINSAVE. 4 0120 0 °� N 44 0f18 0116 N 10113 30108 53 51 50 49 48 47 °'46 N45 43 2 56oloa 56L 53 84 44 1 57 10098 10095 N t 51 N50 m49 � 48 .47 46 . 0096 55 52 i 0088 451 60090 10067 N t4looaa 2100831 10074 59 pia caHILLAVE. 10072 �68 65 100 3 'rI 10 a 10071 too" • 0 1O� 53 o_ 84 60 � 0 10064 4 bo 6 0065 1p 64 1 1 30 a 31 a 32,33 10056 5 fi3 28 29 L 534 70 71 61 27 looza 6 i0o59 62 28 25 HILLAVE. 24 g 23 g g,o22 too¢6 H 0 1 �q 7 0 5110024 QP72 73 G 19 u� 8 �74 75 10022 toots < o g n g o g a 18�+ J t0008 J v N 10016 m p 17 p, f 0000 100AVE. 10006 17 16 992 _ 9096 r 12 13 114 g 15 LM 487 5 PARK N -T sssa P 25341 P 25341 102 AVE PARK BCP 30529 PA7fi, District of Pitt Meadows, SlMer Valley LOTS 1 - 56, PLAN BCP28011 c i O H� 0y CORPORATION OF LL U i o THE DISTRICT OF N MAPLE RIDGE -t District of A`�61on PLANNING DEPARTMENT Langley SCALE 1:2,500 DATE: Jan 14, 2008 FILE: DP/004/08 BY: PC Rive IMS if 701 �I L■_y1■ �ME II ORI k- � I 11 -M�NO lam � ���Iw■ I=- 5;.''''``� JJllal loz ,�7 • "�' ELM EMERY, `#1 ` Vo �M�! _ �i■i,El lAi fA[,�■��i .iA NSI �!� Ii■JAii fA.11,liA Le, w U 0 af w J d <Q wLU w Cie N O N ii Cal 0 Aprend ►`)r C 0 IQI U z 0 w W � J w J cQ Lu w w ry O N ws��a = li+oiaN wnwizvw -16 - iW"3H W(1WIXVW M co o� 0 V)a ZD 00 QU w Z -' Z w O Q w F_- T Z D w Q Z r/ w I- J O J Q W J W z w U 0 w J d CQ L LU w W In c 2 0 N Z O m Z O ~ Cn _ W T•-� O L_ Z Z JY oJU �.CA w OIUJ 0-1m t.n Uz Z2 QN �0 I wscs= wn �LL i W U W J d L LU W W H Q N Z O r) { m { V) Z L g f U > O? 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O i� I 1 I / I r) li m I V) I I I' O � 1 z J c2I Z to 0 O i � � 1 W DU Q Ox Ol0 r,., z CL 1, it ❑Z Z() QU) 00 Es E 0 d D O uf U z z O W Q "D 'l 0 V)CL ZD 00 p� U LU J Z W Z 0 LL W F- Z Z) W F- Q Z LU W F- J Q i z O IF W W z U z � 5 � w a a: LU w w Ln 2 h 0 N '�'S�'�� � W']13H �Nlallfl6 w�Wl%vw U 5 0 In d Z::) 00 F= � U w Z w Z t0 U w Z ~ w H Q Z LU w F- J Q� LL U w J d Q LU w w I— cn 2 F-- O C1- N 0 hill R aos RRnnR: RR RRR� � �" to y g Ig 311 �aa § ` LLA LU / Bs/ .... d! | „ ! .,...| pE� cogig � n 0o J gg e 'a LU 8 4 J Y '� aEI 8 f gp� 3�3f � � y° � �v � p s �• o CL i N X 2� ,.CA alt - EW®l® MAPLE Rl DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Gordon Robson DATE: January 16, 2008 and Members of Council FILE NO: CP/117/07 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 EXECUTIVE SUMMARY: This is a Parks and Leisure Services Department initiated proposal to re -designate the District owned property located in the 27700 block of 112th Avenue from Park to Rural Residential in order to allow the District of Maple Ridge to offer the property for sale. RECOMMENDATIONS: 1. That Maple Ridge Official Community Plan Amending Bylaw No.6546-2008 be given first reading and be forwarded to Public Hearing; 2. That in accordance with Section 879 of the Local Government Act opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 6546-2008 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a public hearing on the bylaw; 3. That. Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That the following term(s) and conditions) be met prior to final reading. i) Amendment to Schedule "B" of the Official Community Plan; DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: District of Maple Ridge District of Maple Ridge Lot: 15, Section: 17, Township: 15, Plan: 1779 1103 OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: West: Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: b) Project Description: Park Rural Residential RS-3 (One Family Rural Residential) No change Park P-1(Park and School) Park Single Family Residential RS-3 (One Family Rural Residential) Rural Residential Single Family Residential RS-3 (One Family Rural Residential) Rural Residential Single Family Residential RS-3 (One Family Rural Residential) Rural Residential Recreation Single Family Residential 1.009 HA (2.5 Acres) 112 Avenue & 113 Avenue Well and septic system required None This is an application to redesignate the District owned property located in the 27700 block of 112th Avenue from Park to Rural Residential to allow the District to offer the property for sale. This property was purchased by the District of Maple Ridge in 1978 to provide an alternate access to Whonnock Lake Park, but subsequent construction of 276th Street and an access road on 113th Avenue has made this property redundant for road access off 1121h Avenue. The property, located south of Whonnock Lake, is surrounded by residential properties on three sides and is currently zoned RS-3 (One Family Rural Residential). The site does not form an integral portion of the park with its frontage on 112th Avenue. Acquisition of neighbouring properties on the same frontage to expand the park south is not the desired land acquisition objective. The current focus is to acquire lands that border on the lake to allow for a future continuous public access around the lake. -2- A report prepared by the Parks and Leisure Services Department was reviewed by Council on December 11, 2007. Council resolved that: "staff be authorized to: i) proceed with an amendment to Official Community Plan Bylaw No. 6425-2006 to designate the property described in the staff report dated November 16,2007 from Park to Rural Residential; and ii) offer the property for sale". c) Planning Analysis: Official Community Plan: Except for the park area adjacent to the north, all land surrounding the subject property is designated Rural Residential in the Official Community Plan. The redesignation of the subject property from Park to Rural Residential is consistent with the current zoning of the site and supports the District's objectives for Whonnock Lake. Zoning Bylaw: The proposed Official Community Plan amendment will provide the basis for a future residential development. The property is currently non -conforming in that it does not meet the minimum lot width and area requirements prescribed for RS-3 (One Family Rural Residential) lots that do not have municipal or community water supply as specified by the Zoning Bylaw. However, this will not preclude building on the site as long as the setbacks, septic regulations and other requirements can be met. Properties immediately to the east are in a similar situation and have buildings located on them. Development Information Meeting: The District's Development Information Meeting policy requires that a development information meeting be held for any application involving an Official Community Plan amendment. Notwithstanding this policy, a development information meeting was not held for this proposal as this initiative stemmed from a Council directive and Parks and Leisure staff have met with the executive of the Whonnock Community Association as noted below. Council could choose to instruct staff to hold a development information meeting on this directive. If required, a development information meeting should be held prior to Public Hearing. d) Interdepartmental Implications: Parks & Leisure Services Department: This application was originally initiated by the Parks and Leisure Services Department and they have no objection to the redesignation as proposed. -3- e) Citizen/Customer Implications: Staff from the Parks and Leisure Services Department met with the executive of the Whonnock Community Association on November 15th, 2007 to discuss the proposal. The Association determined there was no objection to the sale of the land. f) School District Comments: A letter was sent to School District No. 42 on January 2, 2008 requesting comments regarding what impact this development proposal may have on the projected school population and the ability to accommodate the same. These comments must be received prior to the application proceeding to Public Hearing. Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The amendment required for this application, (Maple Ridge Official Community Plan Amending Bylaw No.6546-2008), is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. CONCLUSION: As the proposed OCP amendment is consistent with the surrounding neighbourhood and is no longer required for Park purposes, it is recommended that Maple Ridge Official Community Plan Amending Bylaw No. 6546-2008 be given first reading and forwarded to Public Hearing. -4- d� Prepared by: Eri a Syvokas Plawing Technician ,pprved oy:�la i iin ,MCP, MCfP -tor of Planning Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & DevelopCn Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer i ES/dp The following appendices are attached hereto: Appendix A - Subject Property Appendix B - Official Community Plan Amending Bylaw 6546-2008 -5- N SCALE 1:3,500 District of Pitt Meadows District of Langley 113AVE. I Subject Property I E of 276th St on 112th Ave .N W1/2 Lot 15, Plan 1779 o � U 43 0 CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT DATE: Dec 28, 2007 CP/117/07 BY: PC I CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6546-2008 A Bylaw to amend the Official Community Plan WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plar,. Amendment Bylaw No. 6546-2008 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: West Half Lot 15, Section 17, Township 15, New Westminster District Plan 1779 and outlined in heavy black line on Map No. 747, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Rural Residential. 3. Schedule "C" is hereby amended for that parcel or tract of land and premises kr)olkIn and described as: West Half Lot 15, Section 17, Township 15, New Westminster District Plan 1779 and outlined in heavy black line on Map No. 748, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by removing Park. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of , A.D. 200. PUBLIC HEARING HELD the day of , A.D. 200 . READ A SECOND TIME the day of , A.D. 200. READ A THIRD TIME the day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200, MAYOR CORPORATE OFFICER MA.PLF RIDGE OFFICIAL COMMLINII ► Y Ni_.�►�i �.!�.,��r,�!� ,���,� Bylaw No. 6546 Map No. 747 From: Park To: Rural Residential I i2500 11.374 Jl - T 7 g 2.023 ha. 2.023 ha. 2.023 hu. P 1779 *PP054 6 2.023 he. 11330 0 113 AVE. N -- T 20.1 0� 00r I�N 00 N J 13 14 W 1 /2 15 E 1 /2 15 W 185' 16 Rem 16 1 (A 10 P 1779 P 1779 *LM N 2.023 he. 1.012 he. 1.012 he. 1.170 he. t 0.854 he. t 2.02 2.023 he. ^ PARK 20.1 N N - ^ N h N �+ N g 5 24 23 1 22 MAPLE RIDGE OFFICIAL COMMUNITY PL-ANI AMENIF)ING Bylaw No. 6546-2008 Map No. 748 PURPOSE: TO REMOVE PARK MAPLERIDGE1:2500 Deep Roots Greater Heights TO: FROM: SUBJECT District of Maple Ridge His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer DATE: January 28, 2008 FILE NO: ATTN: COW Maple Ridge Hotel Change to Liquor Licence EXECUTIVE SUMMARY: The Liquor Control and Licensing Branch has received an application from the Monarc Hospitality Corporation for a permanent change to the Maple Ridge Hotel liquor primary license located at 20690 Lougheed Highway. The application includes an increase in occupant load from 150 to 200 occupants and a change in operating hours from a closing time of 12 a.m. to 1:30 a.m. Monday to Saturday. One of the considerations used by the Liquor Control and Licensing Branch in reviewing the application is a resolution from local government. The local government is asked to consider the application in terms of the potential community impacts and forward a resolution in support of or against the requested change to the liquor primary licence. Local government may also submit a resolution indicating they are not interested in providing comment. RECOMMENDATION(S): Whereas the District of Maple Ridge Council considered a staff report regarding an application for changes to the liquor primary license for Maple Ridge Hotel located at 20690 Lougheed Highway; and Whereas letters were sent to 125 surrounding property owners requesting comment on the proposal and 3 negative responses were received regarding an extension to the operating hours; and Whereas the Bylaw Enforcement Department is satisfied that an increase in the occupant load from 150 to 200 should not generate any negative community impacts in terms of additional noise generation, parking congestion or unruly behavior; and Whereas the Bylaw Enforcement Department is concerned that an extension of operating hours from 12 a.m. to 1:30 a.m. Monday to Thursday will negatively impact the residential properties abutting the facility; and Whereas similar type establishments within the District of Maple Ridge have a closing time of 12 a.m. Sunday to Thursday and 1 a.m. Friday and Saturday; THEREFOR BE IT RESOLVED THAT the District of Maple Ridge Council supports the change to the occupant load from 150 to 200 occupants and supports a change to the operating hours from a closing time of 12 a.m. to 1 a.m. on Friday and Saturday. 1104 DISCUSSION: a) Background Context: Monarc Hospitality Corporation has applied to the Liquor Control and Licensing Branch for a change to the liquor primary license located at 20690 Lougheed Highway. The request includes an increase in occupant load from 150 to 200 and a change to the operating hours to permit a closing time of 1:30 a.m. Monday to Saturday from the current 12 a.m. closing time. The applicant is proposing to construct a new building that will house a liquor primary facility, a licensee retail store and commercial retail units. The LCLB has requested a resolution from Council commenting on the application in terms of a number of criteria established to evaluate the community impacts. The following information provides comment on each of the established criteria. Community Input A letter was sent to 125 owners/residents in the immediate area requesting comments on the proposal. Staff received three responses to the mail out and in each case the major concern was a change in the operating hours to permit a closing time of 1:30 a.m. Monday through Saturday. Traffic, noise, parking and zoning The applicant has met the requirements of the zoning and off street parking bylaws. The Bylaw Enforcement Department have not received previous complaints concerning noise or unruly behaviour as a result of the operation of the liquor primary facility. Staff are concerned that complaints may result if the establishment operates until 1:30 a.m. on Mondays to Saturdays as opposed to the current closing time of 12 a.m. iii. Person capacity and hours of liquor service The application received indicates a requested occupant load of 200. Building staff will review the drawings to ensure that the building and fire code support 200 occupants. Current operating hours include a closing time of 12 a.m. and the operator is requesting a change to allow a closing time of 1:30 a.m. Monday through Saturday. Staff are concerned that the later closing time will generate complaints from surrounding residents. At that time of night, ambient noise is reduced and consequently, noise generated by patrons exiting the establishment will be amplified and may tend to disturb residents. Also, other similar types of liquor primary licenced establishments operating within the District of Maple Ridge have closing times of 12 a.m. Sunday to Thursdays and 1 a.m. on Friday and Saturdays (attachment). It is anticipated that if the Maple Ridge Hotel is permitted to operate until 1:30 a.m. then similar types of establishments will apply to the LCLB to have their operating hours extended. Some of these establishments are located in residential neighbourhoods and an extension of hours may lead to resident complaints over excessive late night noise. For these reasons, staff are recommending that the current closing hours for the Maple Ridge Hotel only be extended to 1 a.m. on Fridays and Saturdays resulting in uniform hours of operation for these types of liquor primary establishments operating within the District. b) Alternatives: Council may submit a resolution to the LCLB in support of the requested change to the hours of operation or a resolution indicating Council is not interested in commenting on the application. CONCLUSIONS: Given the nature of the application and the type of facility, staff are recommending that Council support an increase in the occupant load from 150 to 200 and a change in operating hours from a closing time of 12 a.m. to 1 a.m. on Friday and Saturday. Prepared by: Brock McDonald Director, Business Licenses, Permits & Bylaws (�L- Approved by: rank Quinn, P. Eng., PMP GM: Public Works & D97�ppment Services y Concurrence: J. 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Y a D Z I�.A+ Y �WFa.+ kF,+ W F'� W Y 7 2 z 213 FYF.... � F�-.-+ D a 0 3 N 3 0 0 n o 0 3F+ 3 3 N? 9➢ N D N FF�� D N F�F�� Y F Y = N D 3 g 3 3 3 3 D 3➢ 3`' �' a ci a N g g z V Y "D >➢➢ Y O Y F' O IJ Z�: V F' W Y D N K z W Y W 'I W Y i- N N � K Z Z W P Y �n i 0 .3 N 3F--�� 3 3 00 N a pa '� O O ❑ N j ty F D 3 D A, D N FF�� ���++ 3 Y D N �+ D 3 F+�F�� D N N tj 3 3 FK F+In n a a EEC c ° �oTa 3 3 n 3 a K 3➢ D D 3 a `C D Z F Y{-� V W YW.. F. 3 D Y 15 W F WFD� D D V F YF--�� Y Y 2 D :"z Y�--++ Y F YI F Y-� f A y Yj---�� W D D D D b l FA µ Yr Y 0 N 3 3 3 Ry 3 3 0 Y Y 7 � N Y D F-' N�� N Y N N W D N D Y F� _ 3 N D� F' � Iv W Y ro Y Y Y N N N N N N W W ��....++ N N N ryl s o: a cl n a oa a a as u`a s a�=n a oa o: mi � o. as a oa w;�mi oa ati oa a a a Q mi ca ua '� � hl� Deep Roots Greater Heights January 14, 2008 Dear Resident and/or Business Owner: The Corporation of the District of Maple Ridge has been requested by the British Columbia Liquor Control and Licencing Branch to provide a resolution on a request by Maple Ridge Hotel Ltd. to change the occupant load and operating hours for the liquor primary licence located at 20690 Lougheed Highway. Maple Ridge Hotel Ltd. is requesting an increase in the occupant load from 150 persons to 200 persons and a change in operating hours from 10:00 a.m. to 12:00 a.m. to 11:30 a.m. to 1:30 a.m. Monday to Saturday and from 11:00 a.m. to 12:00 a.m. to 11:30 a.m. to 12:00 a.m. on Sundays. Should you consider yourself affected by this application, you may forward a written submission or e-mail to the attention of the Director of Business Licences, Permits and Bylaws by 4:00 p.m., January 27, 2008 Council will be considering this matter at the Committee of the Whole meeting schedi.�::d for 1:00 p.m. on February 4, 2008 in the municipal Council Chambers. Sincerely, i Brock McDonald Director: Business Licences, Permits, and Bylaws cmu;,: tmI-donald@n;aolerid ,e.or District of Maple Ridge 11995 Haney Place, Maple Ridge, BC V2X 6A9 Canada • Tel: 604-463-5221 • Fax: 604-467-7329 enquiries@mapleridge.ca • www.mapleridge.ca Or%Recycled Pape Page 1 of 1 Jaci Diachuk From: Brock McDonald Sent: January 16, 2008 3:43 PM To: Jaci Diachuk Subject: FW: Maple Ridge Hotel FYI From: Yazdan Salar-Arefi [mailto:yazdansalararefi@shaw.ca] Sent: Jan 16, 2008 17:37 To: Brock McDonald Subject: Maple Ridge Hotel Mr. McDonald, I am writing in reference to the letter you sent me regarding the Maple Ridge Hotel. I strongly disagree wit them extending their hours and having more capacity load. I live right behind that establishment, and have found that since the hotel closed crime has decreased on our street substantially, and the overall living conditions have improved. This is a family complex, I am sure that most would oppose. Yazdan Salar-Arefi 29/01/2008 I. Kraus #506, 20675 - 118 Avenue Maple Ridge, BC V2X OK5 January 25, 2008 Via Email Mr. Brock McDonald Director: Business Licences, Permits and Bylaws District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A9 Dear Brock: Re: Maple Ridge Hotel Change in Operating Hours I would like to comment on the request to change the hours and increase the occupancy at the Maple Ridge Hotel. I have two issues with this project. The first was the outdoor patio facing the residential property owner side. The developer has made efforts to alter and enhance the design of the patio to try and minimize potential noise and disruption and they offered to build a higher fence (not sure if this is still proceeding). While I appreciate that they tried to make some accommodations, I am not convinced it will be enough to protect us from the patio. The second issue is the change in hours and occupancy. I completely oppose the extension to the times beingproposed. The previous Maple Ridge Hotel hours ceased at midnight and that seems reasonable to me for a commercial pub style enterprise beside the residential neighborhood. After living at this location for the past 18 years, I am aware of noise that came from the parking area after closing hours. Patrons carrying on conversations in the parking lot, car doors slamming, engine noise, squealing tires as they leave the area and at times disorderly/confrontational conduct are just some of the examples I have experienced. If the time is extended to close at 1:30 a.m., that now brings any and all disturbances (be it from the patio or parking areas) even later into the morning hours. Our Strata Corporation has a noise bylaw whereby the cut off is 10:30 p.m. otherwise we are subject to fines. Like me, many of my neighbors are first time owners, or have lived here many years, and we have a well run strata with a peaceful existence. I often work different hours and on weekends. I know my neighbors; they work weekends and shifts or leave early to commute into Vancouver for work. For the developer to make the argument (at the public hearing) that it might only be worse on nights like a Friday and Saturday, thereby trying to minimize the daily brunt these extended hours will have six days a week on the residents as a whole, trivializes the impact and that rational is unacceptable to me. 1 Once the change in hours is put in place we must live with it permanently and ultimately, given enough time, how can it not have a major impact on the quality of life in this neighborhood. With an increased capacity, the odds of disturbances go up as well. Even though I live on the perimeter and beside a busy roadway with the commercial interests in my community, I hope that Council will consider the fact that we deserve to live in safe and livable conditions with our quality of life protected as much as the residents who live further away and are not directly impacted by the commercial use. Thank you. Yours truly, Via email Ingrid Kraus Resident Owner, Arborwynde Strata Corporation Page 1 of 1 Jaci Diachuk From: Brock McDonald Sent: January 28, 2008 8:35 AM To: Jaci Diachuk Subject: FW: Maple Ridge Hotel Ltd. FYI Pls copy for file From: Paul & Ann Marie Bestic [ma ilto:stickers I2@shaw.ca] Sent: Jan 26, 2008 11:10 To: Brock McDonald Subject: Maple Ridge Hotel Ltd. Further to your letter dated January 14, 2008, we wish to advise that we are not in favour of the subject company changing it's operating hours to 1:30 a.m. Monday to Saturday. Due to the proximity to a residential area and the fact that the pub part of the operation will be on the second level, we feel there will be a considerable increase in the noise level, as well as patrons leaving the establishment in the early hours, banging car doors, loud noises in the parking lot etc. As we were led to believe that this will be a more family oriented restaurant/bar, we fail to understand why they would need this increase. Other licenced premises in the municipality appear to have a 1:30 a.m. closing. We strongly urge that the operating hours remain as they are at present (10:00 a.m. to 12:00 a.m. Monday to Saturday and 11:00 a.m. to 12:00 a.m. on Sundays). Yours truly, Paul & Ann Marie Bestic <stickers12@shaw.ca> 29/01/2008 Page 1 of 1 Brock McDonald From: Barbara McConville [barbaramac585@hotmail.com] Sent: Jan 30, 2008 10:04 PM To: Brock McDonald Subject: Extension of hours and greater occupancy of Maple Ridge Hotel Ltd. Dear Mr. McDonald: I know that this letter is late, but I'm sending it anyway, because I feel strongly about this matter and it would affect the quality of our neighborhood. I live on the next street over, 118th Avenue and it would increase activity in the neighborhood into the night. It would increase late night noise level as well as traffic. I am an RN and I work with depressed people who I try to teach how to sleep at night to improve there quality of health. I think this type of condonment for longer hours may be as bad as smoking is for the public. I hope this makes sense. Thank you for your time. Sincerely, Barbara McConville, resident of the neighborhood. 01/31/2008 MAPLE RIDGE British Catumbia Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Gordon Robson DATE: January 23, 2008 and Members of Council FILE NO: Chief Administrative Officer ATTN: Committee of the Whole Appointment of 2008 Local Government Election Officials EXECUTIVE SUMMARY: The Local Government Act requires Municipal Councils to appoint a Chief Election Officer and a Deputy Chief Election Officer for local government elections. The next election will take place on November 15, 2008. RECOMMENDATION: That pursuant to Section 41(1) and (2) of the Local Government Act, Ceri Mario be appointed Chief Election Officer for conducting the November 15, 2008 Maple Ridge general local election with power to appoint other election officials as required for the administration and conduct of the 2008 general local election; and further That Tonya Polz be appointed Deputy Chief Election Officer for the November 15, 2008 Maple Ridge general local election. DISCUSSION: Background Context: The Clerk's Department is assigned responsibility for conducting local government elections. It is recommended that Ceri Marlo, the manager of this Department, be appointed the Chief Election Officer. Tonya Polz has been contracted by the District to assist with the election. Ms. Polz has extensive experience in conducting elections having served as the Deputy Chief Election Officer for the 2002 and 2005 elections. Business Plan/Financial Implications: These positions are allotted for in the Election Budget. Prepared by: Ceri Marlo Manager of Legislative Services Approved �y: Paul Gill, B.B.A., C.G.A., F.R.M. General Manager• or rate & Financial Services J.L. (Jim) Rule Chief Administrative Officer 1131 MAPLE RIDGE Deep Roots Greater Heights TO: FROM: SUBJECT'. District of Maple Ridge His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer Consolidation Authority Bylaw EXECUTIVE SUMMARY: DATE: January 8, 2008 FILE NO: 0570-04 ATTN: Committee of the Whole Section 139 of the Community Charter permits a Council, by bylaw, to authorize the corporate officer to consolidate one or more of the bylaws of the municipality. The consolidated bylaw may then be used as proof of the adoption of the original bylaw and of all the amending bylaws. Adoption of Bylaw 6547-2008, as attached, will provide this authorization. RECOMMENDATION: That Maple Ridge Consolidation Authority Bylaw No. 6547-2008 be given first, second and third readings. Prepared by: Ceri Marlo Manager of Legislative Services Approvdd l y. -'PNI Gill, B.B.A., C.G.A., F.R.M. General Managorporate & Financial Services J.L. (Ji(n) Rule Chief Administrative Officer /cm YAClerks Documents\CLERK'S DEPT. MEMOS\Report re Consolidation Bylaw 2008-01-08.doc 1132 Corporation of the District of Maple Ridge Bylaw No. 6547- 2008 A Bylaw to authorize consolidation of bylaws WHEREAS it is deemed expedient to authorize the corporate officer to consolidate the bylaws of the District of Maple Ridge. NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: 1. This Bylaw shall be cited for all purposes as "Maple Ridge Consolidation Authority Bylaw No. 6547-2008". 2. The corporate officer of the municipality is authorized to consolidate the bylaws of the municipality. READ a first time on the day of , 2008 READ a second on time the day of , 2008 READ a third time on the day of , 2008 RECONSIDERED and ADOPTED this day of , 2008 MAYOR CORPORATE OFFICER -1- •Y MAPLE RIDGE Deep Roots Greater Heights District of Maple Ridge TO: His Worship Mayor Gordon Robson DATE: January 25, 2008 and Members of Council FILE NO: 0570-04 FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Greater Vancouver Water District, Grant in lieu of taxes EXECUTIVE SUMMARY: In a letter dated January 21, 2008 (copy attached) Metro Vancouver is requesting that Council pass a resolution to consent to receive a grant in the amount of $2,667 under Section 81(4) of the Greater Vancouver Water District Act for the 2007 fiscal year. RECOMMENDATION: That consent be given to receive a grant in lieu of taxes from the Greater Vancouver Water District as detailed in the letter dated January 21, 2008 from Michelle Garvock, Property Division Manager, Metro Vancouver. Prepared by: Ceri Mario Manager of Legislative Services Approved by: Paul Gill, B.B.A., C.G.A., F.R.M. General Manager: Corporate & Financial Services Concur nce: J.L. (Jim)Rule Chief Administrative Officer /cm YAClerks Documents\CLERK'S DEPT. MEMOS\Report re GVWD Grant 2008-01-25.docYAC1erks Documents\CLERK'S DEPT. MEMOS\Report re GVWD Grant 2008-01-25.doc 1133 ft�_ Greater Vancouver Regional District 4330 Kingsway, Burnaby, BC, Canada V5H 4G8 Greater Vancouver Regional District • Greater Vancouver Water District Greater Vancouver Sewerage and Drainage District • Greater Vancouver Housing Corporation January 21, 2008 Mr. Terry Fryer Municipal Clerk District of Maple Ridge 11995 Haney Place Maple Ridge BC V2X 6A9 Dear Mr. Fryer: Our File: FA-27-01 As you are aware, changes in legislation made most properties within the Greater Vancouver Water District exempt from taxation by the member municipalities. In order to mitigate the impact on the municipalities from this loss of property tax revenue, the Board of the Greater Vancouver Water District adopted a five-year phase -out period providing grants in lieu of taxes under section 81(4) of the Greater Vancouver Water District Act commencing in 2004. At a meeting held November 30th the Board approved the actual payment amount of the grant in lieu of taxes for the 2007 fiscal year. For 2007 a payment of $2,667 was approved for the District of Maple Ridge. In order for payment to be made under this section of the Water Act, legislation requires a Council resolution to consent to receive this grant prior to obtaining final approval by the Lieutenant -Governor in Council. We request that you bring forward our request for consent at the earliest convenience. If we receive all municipal consent resolutions by February 22 we expect to have approval by the Lieutenant -Governor in Council and be able to make payments to municipalities by the end of April. Please send a copy of the consent resolution to us as soon as you obtain it. A similar request for consent will be brought forward for 2008 to complete the phase out of the taxes. A copy of the November 30, 2007 Greater Vancouver Water District Board resolution and report are attached for information. Copies of Municipal Consent Resolutions should be sent to - Michelle Garvock, Property Division Manager, Metro Vancouver, 5th Floor 4330 Kingsway, Burnaby BC V5H 4G8. Please contact Michelle Garvock at 604-432-6484 if you require additional information. Yours truly Michelle Garvock Property Division Manager Metro Vancouver Attachments cc Jake Sorba, Director of Finance, Maple Ridge Item No. 5.8 i".. 4330 Kingsway, Burnaby, BC, Canada V5H 4G8 604-432-6200 www.metrovancouver.org Greater Vancouver Regional Uqn,*, Grease, Voncouver Writer D sirm N—W,�Giealei Vancouvei 4rwerage ar Diauiaue D shirt METRO Greater `iarcouver Ho.,sinc Corporat on VANCOUVER Finance Committee Meeting Date: November 15, 2007 TO: Finance Committee FROM: Michelle Garvock, Property Division Manager DATE: November 1, 2007 SUBJECT: 2007 Phase -Out Payment in Lieu of Property Taxes Recommendation: That the Board: a) approve the payment of a phase -out grant in lieu of taxes to member municipalities totaling approximately $518,000; and b) request the Province of BC to allow the 2007 payment as a phase -out grant in lieu of property taxes. 1. PURPOSE To receive Board authority to pay members of the Water District a phase -out grant in lieu of property taxes for the 2007 fiscal year. 2. CONTEXT In 2004 changes were made in provincial legislation that exempted most of the District lands from property taxation. With the implementation of that legislation, the Board agreed to mitigate the impact of the exemption to those members affected through a phase out of payments of the municipal portion over a five year period. For 2007 this would be at 40%.of 2003 taxes. The Water Act allows annual grants in lieu, though any payment under this provision requires approval by the Province. Further to application for the grant payment, a breakdown is attached for reference purposes. In order to make the annual grant in lieu, the Province requires a council resolution from each municipality receiving funding confirming that the municipality consents to receive the grant. If the GVWD Board approves the payment of these phase -out grants we will then obtain consent resolutions from those municipalities affected for inclusion with our request to the Province. Finance Committee Meeting — November 15, 2007 Page 2 2007 Payment in Lieu of Property Taxes 3. ALTERNATIVES 1) The Board approves the payment of phase -out grants in lieu as shown on Schedule 1 and requests authority from the Province to proceed with the grants in lieu of taxes. 2) The Board declines to approve the phase out grant in lieu. This is not recommended as it is inconsistent with the original intent to mitigate the impact to our members. 4. CONCLUSION With the approval by the Board the Province can be requested to allow the payment of the phase -out grants in lieu for the 2007 fiscal year. Attachment Schedule 1 - 2007 Phase -out Grants in Lieu of Property Taxes Document #004562467 Schedule 1 2007 Phase -Out Grants in Lieu of Property Taxes Municipality 2007 Payment Burnaby $51,407 Coquitlam 36,186 Maple Ridge 2,667 North Vancouver District 334,733 Pitt Meadows 967 Port Coquitlam 122 Port Moody 12,984 Surrey 24,543 Vancouver 6,865 West Vancouver 47,670 Grand Total $518,144 metr,ovancouver Greater Vancover itegionai District • Greatei Vancouver Water District �. . ... .............................................................................................----........-----.......----------------------------- --- -------......... .___.--------------------.----------------- Greater �iari oi3ver Sewerage and Drainage District • Greater Vancouver Housing Corporation 4330 Kingsway, Burnaby, BC, Canada V5H 4G8 604-432-6200 www.metrovancouver.org Corporate Secretary's Department Tel. 604-432-6250 Fax. 604-451-6686 Resolution Form This is to advise that at the November, 30, 2007 Regular Meeting, the Greater Vancouver Water District Board of Directors considered the following report: 2007 Phase -Out Payment in Lieu of Property Taxes and passed the following resolution: "That the Board: a) approve the payment of a phase -out grant in lieu of taxes to member municipalities totalling approximately $518,000; and b) request the Province of BC to allow the 2007 payment as a phase -out grant in lieu of property taxes." I, Paulette A. Vetleson, hereby certify the foregoing to be a true and correct copy of a Resolution as finally adopted at the November 30, 2007 regular meeting of the Greater Vancouver Water District Board of Directors. Dated at Burnaby, British Columbia, this 21 st Day of January 2008. `,fto L i Paulette A. Vetleson, Corporate Secretary Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer Door-to-door Soliciting EXECUTIVE SUMMARY: DATE: January 10, 2008 FILE NO: 0320-01 ATTN: C of W - Corp & Fin To grant permission for door-to-door canvassing for donations as requested in the letter from The Kidney Foundation of Canada dated January 9, 2008. RECOMMENDATION: That the request of The Kidney Foundation of Canada - BC Branch for permission to canvass door- to-door during the month of March 2008 be approved. DISCUSSION: a) Background Context: Pursuant to Section 25 of the Highway & Traffic Bylaw and Section 532(1) of the Local Government Act, soliciting for donation (door-to-door canvassing, tag days, etc.) must be approved by the Municipal Council byway of a resolution. b) Citizen/Customer Implications: Door-to-door canvassing and tag days are the means by which non-profit organizations such as The Kidney Foundation are able to raise funds for research and promote awareness. CONCLUSION: In order to meet the requirements of Maple Ridge Highway and Traffic Bylaw No. 3136-1982 and the Local Government Act, Council's approval is required for all requests for soliciting for donation. Prepared by: Diana Dalton Cl k's Department r Approved by: Paul ill, B. Comm, CGA Gener Manager: Financial and Corporate Services Concurrence' • J.L. ()im) R e / Chief Administrative Officer Attachmer(t 1134 British Columbia Branch 200 - 4940 Canada Way Burnaby, BC V5G 4K6 T. 604.736.9775 / 1.800.567.8112 y F. 604.736.9703 / 1.800.667.8871 www.kidney.bc.ca MAYOR January 9, 2008 MARCH IS KIDNEY HEALTH MONTH Dear Mayor and Council, Every March, The Kidney Foundation of Canada conducts its national door-to-door campaign to raise awareness of kidney disease and canvass for much -needed funds. Organized as a neighbourhood campaign, over 8,000 volunteers in BC alone will be visiting homes in their own communities this March to help stem the increase of this silent yet deadly disease. We are asking for your assistance to proclaim March as Kidney Health Month in your community. Please present this request at your next council meeting. If the request is granted please send a copy of the Proclamation to me at the above address. We have included a Proclamation sample for your assistance. To reinforce the support of your neighbours (our volunteers,) we publicize the campaign in the local media, and include the fact that your Council has proclaimed March as Kidney Health Month. In 2007, over half a million dollars were raised in BC during March thanks to the support and commitment from communities such as yours. Kidney Disease is one of the most misunderstood yet life -threatening illnesses affecting society today. And there is currently no cure. Over six thousand adults, youth and children in BC live with chronic kidney disease. Almost half rely on dialysis treatments to stay alive. Close to 300 British Columbians are facing seven to ten years on the transplant waitlist — some won't make it. And an estimated 145,000 people in this province have undiagnosed kidney disease, but are unaware of it because the symptoms are silent and often mistaken for other conditions. The number of people diagnosed with kidney disease grows daily, making our commitment to kidney health and improved lives for people with kidney disease so vital. We sincerely appreciate the past support we have received from individuals in your community. It truly does make a difference in the lives of people living with kidney disease. If you have any questions please feel free to contact me anytime at (604) 736-9775 to 230 Sincerely, The Kidney Foundation of Canada, BC Branch Pauline Buck APR, Communications Manager, paulineb@kidney.bc.ca If your community no longer issues Proclamations please accept this letter as verification that volunteers will be canvassing in your community during the month of March. Charitable registration no. 10756 7398 RR0001 The foundation of kidney care. Vision Kidney health, and improved lives of all people affected by kidney disease Mission The Kidney Foundation of Canada is the national volunteer organization committed to reducing the burden of kidney disease through; • funding and stimulating innovative research; • providing education and support; • promoting access to high quality healthcare; and • increasing public awareness and commitment to advancing kidney health and organ donation. Guiding Principles As a leading national health charity, the Foundation is committed to: • research excellence; • maximizing kidney transplantation; • prevention, early detection and comprehensive care; • facilitating community involvements and public contributions; • effective collaboration with others; • volunteers and staff partnership; • transparent, ethical and responsible stewardship. THE CORPORATION OF THE DISTRICT OF SAANICH 770 Vernon Avenue, Victoria, British Columbia V8X 2W7 Direct Phone (250) 475-5510 Fax No. (250) 475-5440 www.saanich.ca PROCLAMATION KIDNEY MONTH MARCH, 2006 WHEREAS: The Kidney Foundation of Canada is a national volunteer organization dedicated to improving the health and quality of life of people living with kidney disease, and WHEREAS: The mandate of the Kidney Foundation is to fund research and clinical education, provide services for the special needs of individuals living with kidney disease, advocate for access to high quality health care, and to actively promote awareness of and commitment to organ donation; and WHEREAS: The March Drive is the major national fundraising campaign of the Kidney Foundation involving thousands of volunteers in a door-to-door solicitation of funds, and WHEREAS: The programs funded by the March Drive add to the quality of life of British Columbians who have or will be touched in some way by kidney disease; NOW THEREFORE, 1, Frank Leonard, Mayor of the Corporation of the District of Saar rich, do hereby proclaim March, 2006 as Kidney Month in Saanich. Dated this 6t" day of January, 2006. Frank Lemyordr 'r Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Gordon Robson DATE: January 16, 2008 and Members of Council FILE NO: Chief Administrative Officer ATTN: C.O.W. MAPLE RIDGE HISTORICAL SOCIETY - BUILDING LEASES EXECUTIVE SUMMARY: The following leases are all renewals of long standing leases between the District of Maple Ridge and the Maple Ridge Historical Society: 1. Maple Ridge Museum (five year term). 2. St. Andrews Heritage Church (five year term). 3. 22375 Callaghan (land only) - location of the Old Post Office Preschool (three year term) The use of the Municipal buildings/land enables the Maple Ridge Historical Society to meet their . obligations as outlined in the current fee for service agreement with the Parks and Leisure Services Commission. The Historical Society has met all previous lease obligations and their Board of Directors and Staff have endorsed the renewal of the attached leases. RECOMMENDATION: That the Mayor and Corporate Officer be authorized to executive the leases for the Maple Ridge Museum, St. Andrews Heritage Church and 22375 Callaghan (land only) location of the Post Office Preschool as attached to the staff report dated. January 16, 2008. DISCUSSION: a) Background Context: The attached leases are renewals of long standing agreements between the District of Maple Ridge and the Maple Ridge Historical Society for the use and care of Municipal buildings and land. The leases enable the society to meet their obligations under the current fee for service agreement with the Maple Ridge and Pitt Meadows Parks and Leisure Services Commission. These agreements are similar to the standard lease agreements utilized for such facilities in Maple Ridge and Pitt Meadows and have been recently updated by our solicitor. The lease obligations with the Historical Society basically remain the same with the exception of the following changes: 1151 1. Updated lease format and legal language - reviewed by Lidstone Young and Anderson Barrister and Solicitors. 2. Clarification of building maintenance obligations - reviewed by our Facility Operations Department. 3. Clarification and consistency of liability and other insurance requirements - reviewed by the Municipal Risk Manager. CONCLUSIONS: The Maple Ridge Historical Society has provided years of excellent service to the residents of Maple Ridge and has done a good job operating and caring for the buildings they lease from the District. r Prepared by: Don Cramb Recreation Manager - Support Services Approved by:/Mike Murray, Qenero Manager Community D4vel mearks & Recreation Services Concurrence: J. . (Jim) Rule ief Administrative Officer DC This Lease dated for reference January 1 , 2008, is BETWEEN: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District Municipality incorporated in 1874 under the laws of the Province of British Columbia, having it offices at 11925 Haney Place, Maple Ridge, B.C., V2X 6G2 (the Lessor) MAPLE RIDGE HISTORICAL SOCIETY, a Society duly incorporated under the Societies Act of the Province of British Columbia, having its office in the Maple Ridge Museum at 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 (hereinafter called the "Lessee") GIVEN THAT: A. The Lessor is the registered owner in fee simple of those lands and buildings "Maple Ridge St. Andrew's Heritage Church located at 22279 - 116th Avenue, Maple Ridge, B.C. and on land legally described as: Lot 4 of Block 1, District lot 398, Group I, Plan 59018, New Westminster District. (hereinafter called the "Premises" defined as the existing building only); B. The Lessee wishes to lease the Premises for use as a Heritage Hall, and the Lessor wishes to lease the Premises to the Lessee for this purpose on the terms and conditions set out in this Lease; THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Lease of Premises - The Lessor hereby leases the Premises to the Lessee on the terms and conditions and for the purposes set out in this Lease. 2. Rent - The Lessee shall pay the Lessor the prepaid rent for the Term of $5.00 (the "Rent"), the receipt of which is hereby acknowledged by the Lessor. 3. Term - The term of this Lease ("Term") and the rights granted by it shall be for a period of five (5) years beginning on January 1, 2008 and terminating on December 31, 2013, subject to earlier termination pursuant to the terms of this Lease. MRHS St Andrews Church Lease 07 22/01/2008 2 4. Lessee's Covenants - The Lessee covenants and agrees with the Lessor as follows: (a) to use the Premises as a site for a rental hall and to conduct Historical Society Business. (b) to at all times maintain the Lessee in good standing as a non-profit society whose membership is open to the public, (c) Deleted (d) Deleted (e) not to make or construct in, on or to the Premises any alterations or other improvements (collectively, "Improvements") without obtaining the Lessor's prior written consent, and to provide to the Lessor plans showing the design and nature of construction of the proposed Improvements and their proposed location, and all such Improvements shall be constructed in accordance with such plans and in a good and workmanlike manner, and shall thereafter be maintained by and at the cost and expense of the Lessee, to the Lessor's satisfaction; (f) not to commit, suffer or permit any waste, spoil, destruction, damage or injury to the Premises or to the surrounding land; (g) not to cause, maintain or permit any thing that may be or become a nuisance or annoyance in, on or from the Premises to the owners or occupiers of adjoining lands or to the public, including by the accumulation of rubbish, or unused personal property of any kind; (h) to heat the Premises as necessary to prevent damage from frost; (i) to promptly pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Premises , including without limitation, all taxes, duties, levies, charges and assessments, permit and license fees, repair and maintenance costs, administration and service fees, telephone, electrical, gas, water, sewage disposal and other utility charges; (j) An keep the Premises in good condition and repair and a neat, tidy, safe, clean and sanitary condition, including without limitation all day to day maintenance and repairs to the structure, electrical, plumbing, heating, air conditioning, machinery, equipment facilities, interior painting, and fixtures including glass to a standard befitting public facilities used for a similar purpose, at the Lessee's sole expense; The Society shall have exclusive and absolute care, custody and control of the Premises and the equipment contained therein during the terms of this agreement. Equipment and facility operating and preventative maintenance, minor repairs, and equipment replacement shall be the responsibility of the Society. Structural facility repairs, roofing and replacement of heating, plumbing, air, electrical and ventilating systems, exterior painting and floor replacements shall be funded by the District of Maple Ridge; MRHS St Andrews Church Lease 07 22/01/2008 3 (k) not to allow any refuse, debris, garbage, or other loose or objectionable material to accumulate or be deposited in, on or from the Premises but rather to dispose of the same regularly and continuously, in order to maintain the Premises in a condition befitting public facilities used for similar purposes, and to take all reasonable measures to ensure that any substance discharged, spilled, emitted, released or permitted to escape, seep or leak onto the land or into, drains or sewers on or adjacent to the Premises is in compliance with all applicable laws; (1) to carry on and conduct its activities in, on and from the Premises in compliance with any and all applicable statutes, bylaws, regulations and orders, including without limitation by obtaining all necessary permits and licenses, and not to do or omit to do anything upon or from the Premises in contravention thereof; (m) to observe and cause its employees, invitees and others over whom the Lessee can reasonably be expected to exercise control to observe the Rules and Regulations set out in Schedule W, and such further and other rules and regulations of the Lessor, acting reasonably after consultation with the Lessee, and all such rules and regulations shall be deemed to be incorporated into and form part of this Lease; (n) not to assign or transfer this Lease or sublet all or any part of the Premises or to part with possession of the whole or any part of the Premises. (o) to promptly discharge any builders' lien which may be filed against the title to the Premises relating to any work or construction which it undertakes on or to the Premises. 5. Taxation - The Lessee acknowledges and agrees that it is solely responsible for the payment of all property taxes and assessments levied against the Premises during the Term. The Lessee may in each year apply to the District of Maple Ridge for an exemption from taxation in accordance with the Local Government Act and Community Charter provisions in force from time to time, and may apply for financial assistance from the District of Maple Ridge. However, the Lessee acknowledges that such grants and exemptions are within the sole discretion of the District of Maple Ridge Council and cannot in any way be guaranteed or relied upon. 6. Net Lease - Without limiting any other provisions in this Lease, the Lessee agrees that this Lease shall be net to the Lessor and the Lessee shall promptly pay when due its own account and without any variation, set-off, or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the operation and maintenance of the Premises. MRHS St. Andrews church Lease 07.doc 21/11/2007 4 7. Maintenance - If during the Term the Lessee defaults in its obligations to maintain the Premises and all Improvements, the Lessor may give written notice specifying the respect in which such maintenance is deficient, and the Lessee shall, within fifteen (15) days of such notice, remedy the default specified in the notice and where the Lessee has not commenced, or having commenced, is not diligently completing the remedying of such default or if the maintenance is not satisfactory to the Lessor, the Lessor may enter upon the Premises and perform such maintenance as is in the Lessor's opinion required, at the sole cost and expense of the Lessee, plus such additional charge as may then be applicable in accordance with the policies of the Lessor for administration and overhead, provided that nothing in this section requires the Lessor to perform any maintenance during the Term; Such expenditure of the Lessor shall be payable to the Lessor by the Lessee as rent owing and due, and may be collected by the Lessor in the same manner and with the same remedies as rent in arrears. 8. Condition at End of Term - Upon the expiration or earlier termination of this Lease, the Lessee shall leave the Premises in a clean, neat and sanitary condition satisfactory to the Lessor. 9. If the Lessee fails to leave the Premises in the condition required by this Lease, the Lessor may do so on behalf of the Lessee and the Lessee shall, on demand, compensate the Lessor for all costs incurred by the Lessor. 10. All alterations to or leasehold improvements made in or upon the Premises after the commencement of the Term shall immediately upon termination of the Lease become the Lessor's sole property without any compensation to the Lessee. Except to the extent otherwise expressly agreed by the Lessor in writing, no leasehold improvements shall be removed by the Lessee from the Premises during the Term except that the Lessee may at the end of the Term remove its trade fixtures. The Lessee shall, in the case of every removal, either during or at the end of the Term, make good any damage caused to the Premises by the installation and removal. 11. Acknowledgment and Agreements of the Lessee - The Lessee acknowledges and agrees that: (a) the Lessor has given no representations or warranties with respect to the Premises, including without limitation with respect to the suitability of the Premises for the Lessee's intended use for the Premises; (b) the Lessee has the power and capacity to enter into and carry out the obligations under this Lease and has undertaken all necessary corporate approvals to enter into and carry out this Lease; and (c) the Lessee leases the Premises on an as is basis and the Lessor has not made any representations, warranties or agreements as to the condition of the Premises. MRHS St. Andrews church Lease 07.doc 21/11/2007 12. Quiet Possession - The Lessor covenants and agrees with the Lessee to permit the Lessee, so long as the Lessee is not in default of the Lessee's obligations under this Lease, to peaceably possess and enjoy the Premises for the Term, without interference or disturbance from the Lessor or those claiming by, from or under the Lessor except as expressly provided in this Lease. 13. Indemnity - Notwithstanding any other provisions of the Lease, the Lessee shall indemnify and save harmless the Lessor from any and all liabilities, damages, costs, claims, suits or actions arising out of: (a) any breach, violation or non-performance of any covenant, condition or agreement in this Lease on the part of the Lessee to be fulfilled, kept, observed or performed; (b) any damage to property arising out of the Lessee's use and occupation of the Premises; and (c) any injury to person or persons, including death, occurring in or about the Premises, and this indemnity shall survive the Term. 14. The Lessee agrees that the Lessor shall not be liable for any bodily injury to or death of, or loss or damage to any property belonging to, the Lessee or its employees, invitees, or licensees or any other person in, on or about the Premises unless resulting from the actual fault or negligence of the Lessor, but in no event shall the Lessor be liable: 15. (a) for any damage caused by steam, water, rain or snow which may leak into, or flow from any part of the Premises or from the pipes or plumbing works thereof or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring; or (b) for any act or omission on the part of any agent, contractor or person from time to time employed by the Lessee to perform services, supervision or any other work in or about the Premises. Insurance by Lessee - The Lessee shall obtain and maintain for the Term: (a) a policy of general public liability insurance in an amount of at least Three Million ($3,000,000.00) per occurrence, which insurance shall include the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured; and (b) a policy of insurance in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in a standard commercial all-risk insurance policy covering all of the Lessee's trade fixtures and the furniture and equipment and all other contents of the Premises and plate glass insurance in an amount equal to the replacement cost thereof, which insurance shall include the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured. MRHS St. Andrews church Lease 07.doc 21/11/2007 6 16. All insurance required to be maintained by the Lessee shall be on terms and with insurers satisfactory to the Lessor and shall provide that such insurers shall provide to the Lessor thirty (30) days prior written notice of cancellation or material alteration of such terms. The Lessee shall furnish to the Lessor certificates or other evidence acceptable to the Lessor as to the insurance from time to time required to be effected by the Lessee and its renewal or continuation in force. If the Lessee shall fail to take out, renew and keep in force such insurance the Lessor may do so as the agent of the Lessee and the Lessee shall pay to the Lessor as rent any amounts paid by the Lessor as premiums forthwith upon demand. 17. Insurance by Lessor (a) The Lessor shall insure and keep insured to their full replacement value, for the Term, all buildings, structures, fixtures and equipment of the Premises (other than the Lessee's trade fixtures and contents) against loss or damage by fire and against loss by such other insurable hazards as it may from time to time reasonably require. (b) The Lessee shall not omit or permit upon the Premises anything which would cause the Lessor's cost of insurance (whether fire or liability) to be increased (and, without waiving the foregoing prohibition the Lessor may demand, and the Lessee shall pay to the Lessor upon demand the amount of any such increase of cost caused by anything so done or omitted to be done) or which shall cause any policy of insurance to be subject to cancellation. 18. Lessor's Representative — The Parks and Leisure Services Support Services Manager will be designated as the Lessor's Representative for the purposes of this Lease and in his absence the Director of Parks and Facilities will act as the designate. 19. Additions to Premises - The Lessor may from time to time during the Term add or extend the Premises and to lease such extensions or additions to third parties. In exercising such rights, the Lessor agrees to have prior consultation with the Lessee and to put the Lessee to no unnecessary inconvenience and not to unreasonably interfere with the Lessee's use of the Premises. 20. Holding Over - If at the expiration of the Lease the Lessee shall hold over for any reason, the tenancy of the Lessee thereafter shall be from month to month only and shall be subject to all terms and conditions of this Lease, except as to duration, in the absence of written agreement between the Lessor and the Lessee to the contrary. 21. Right of Entry - The Lessor or its authorized representative may enter the Premises at all reasonable times for the purposes of inspection of the Premises. 22. Strict Performance - The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option and the acceptance of rental by the Lessor with knowledge of the breach by the Lessee of any covenant or condition of this Lease shall not be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the Lessor. MRHS St. Andrews church Lease 07.doc 21/11/2007 23. Discretionary Terminations: Despite section 3 of the lease, the Lessor may at its sole discretion terminate this lease by providing 6 months written notice to the Lessee of termination. At the end of the notice period, the Lessee shall immediately cease all use and occupation of the Premises and shall vacate and deliver up possession of the Premises and the Lessor may forthwith re-enter the Premises and repossess and enjoy the same. 24. Termination for Breach - If and whenever the Lessee: (a) Is in default of payment of rent for a period longer than thirty days after receipt of written notice from the Lessor to pay the same; (b) Is in default in performance of any of the covenants herein and has not remedied the default within thirty days of written notice from the Lessor; (c) Ceases to be a society in good standing under the laws of British Columbia and has not been restored to such status within thirty days of written notice from the Lessor; (d) Amends its constitution and bylaws to limit membership of the general public without the approval of the Lessor; (e) Becomes insolvent or bankrupt or the lease is seized in execution; (f) Abandons the Premises, vacates the Premises for a period longer than thirty days; (g) The Premises are damaged or destroyed to the extent that in the sole discretion of the Lessor, it will take longer than three months to restore; The Lessor may forthwith on written notice terminate this lease and re-enter the Premises without any other notice or form of legal process and repossess and enjoy the same as of its former estate. 25. Additional Rights - In addition to all rights and remedies of the Lessor available to it in the event of any default by the Lessee under this Lease or otherwise, the Lessor: (a) shall have the right at all times to remedy or attempt to remedy any default of the Lessee, and in so doing may make any payments due or alleged to be due by the Lessee to third parties and may enter upon the Premises to do any work or other things therein and in such event all expenses of the Lessor in remedying or attempting to remedy such default shall be payable by the Lessee to the Lessor forthwith upon demand; (b) shall have the same rights and remedies in the event of any nonpayment by the Lessee of any amounts payable by the Lessee under any provision of this Lease as the case of a nonpayment of Rent; MRHS St. Andrews church Lease 07.doc 21/11/2007 8 (c) if the Lessee fails to pay any sum promptly when due, shall be entitled, upon demand, to interest on such amount at the rate charged and published from time to time by the main branch of the Lessor's bank, as its most favourable rate of interest to its most creditworthy and substantial commercial customers commonly known as its "prime rate", from the date upon which the same was due until the date of actual payment; and (d) whenever the Lessor becomes entitled to reenter the Premises under any provision of this Lease, the Lessor in addition to all other rights it may have shall have the right as agent of the Lessee to enter the Premises and re -let them and to receive the rent, and as the agent of the Lessee to take possession of any furniture owned by the Lessee and to sell the same at public or private sale without notice and to apply the proceeds and any rent derived from re -letting the Premises upon account of the rent due and to become due under this Lease and the Lessee shall be liable to the Lessor for the deficiency, if any. 26. Rights Non -Exclusive - All rights and remedies of the Lessor are intended to be cumulative and not alternative, and the express provisions as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Lessor by statute or the general law. 27. Entire Agreement - The Lessee acknowledges that there are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Lease or the Premises save as expressly set out in this Lease, and that this Lease is the entire agreement between the parties respecting its subject matter. 28. Governing Law - This Lease shall be governed by and construed in accordance with the laws of the Province of British Columbia. 29. Severance - Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 30. Time of Essence - Time is of the essence of this Lease. MRHS St. Andrews church Lease 07.doc 21/11/2007 6 31. Notice - Any notice to be given pursuant to this Lease shall be in writing and shall be sufficiently given if served personally upon an officer of the party for whom it is intended or mailed by prepaid registered post and in the case of the Lessor addressed to: The Corporation of the District of Maple Ridge 11925 Haney Place, Maple Ridge, British Columbia V2X 6G2 Attention: Support Services Manager and in the case of the Lessee, addressed to: The Maple Ridge Historical Society C/O The Maple Ridge Museum, 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 The date of the receipt of such notice shall be deemed conclusively to be the day of service if such notice is served personally, or if mailed, forty-eight (48) hours after such mailing. 32. Enurement - This Lease enures to the benefit of and is binding upon the parties hereto, and their respective successors and permitted assigns and all words in the neuter shall include the masculine or the feminine and all words in the singular shall include the plural when the context so requires. 33. Reference — Every reference to a party is deemed to include the heirs, executors, administrators, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party wherever the context so requires or allows. MRHS St. Andrews church Lease 07.doc 21/11/2007 10 IN WITNESS WHEREOF the parties hereto have duly executed this Lease on the dates set out below. THE CORPORATE SEAL OF THE LESSOR was hereunto affixed in the presence of: Mayor Clerk Date: THE CORPORATE SEAL OF THE LESSEE was hereunto affixed in the presence of- - President, Maple Ridge Historical Society Title Date: DEC - 3 2001 MRHS St. Andrews church Lease 07.doc 21/11/2007 11 SCHEDULE "A" The Lease made between The Corporation of The District of Maple Ridge, as Lessor, and The Maple Ridge Historical Society, as Lessee RULES AND REGULATIONS The Lessee shall observe the following Rules and Regulations (as amended, modified or supplemented from time to time by the Lessor after consultation with the Lessee and acting reasonably as provided in the Lease): 1. The Lessee shall not permit access to main header ducts, janitors and electrical closets and other necessary means of access to mechanical, electrical and other facilities to be obstructed by the placement of furniture or otherwise. The Lessee shall not place any additional locks or other security devices upon any doors of the Premises without immediately notifying the Lessor and subject to any conditions imposed by the Lessor for the maintenance of necessary access. 2. The foregoing Rules and Regulations, as from time to time amended, may be waived in whole or in part with respect to the Premises without waiving them as to future application to the Premises, and the imposition of such Rules and Regulations shall not create or imply any obligation of the Lessor to enforce them or create any liability of the Lessor for their non- enforcement. 3. The Municipality of Maple Ridge and the Maple Ridge Parks and Leisure Services Commission shall be granted free use of the facility. MRHS St. Andrews church Lease 07.doc 21/11/2007 This Lease dated for reference January 1 , 2008, is BETWEEN: AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE a District Municipality incorporated in 1874 under the laws of the Province of British Columbia, having it offices at 11925 Haney Place, Maple Ridge, B.C., V2X 6G2 (the Lessor) MAPLE RIDGE HISTORICAL SOCIETY, a Society duly incorporated under the Societies Act of the Province of British Columbia, having its office in the Maple Ridge Museum at 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 (hereinafter called the Lessee) GIVEN THAT: A. The Lessor is the registered owner in fee simple of those lands and buildings commonly known as the "Maple Ridge Museum or the Brickyard House" and The Brickyard Office" both located at 22520 - 116 Avenue, Maple Ridge, B.C. Maple Ridge, B.C. (hereinafter called the "Premises"); B. The Lessee wishes to lease the Premises for use as a Museum and Archives, and the Lessor wishes to lease the Premises to the Lessee for this purpose on the terms and conditions set out in this Lease; THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Lease of Premises - The Lessor hereby leases the Premises to the Lessee, on the terms and conditions and for the purposes set out in this Lease. 2. Rent - The Lessee shall pay the Lessor the prepaid rent for the Term of $5.00 (the "Rent"), the receipt of which is hereby acknowledged by the Lessor. 3. Term - The term of this Lease ("Term") and the rights granted by it shall be for a period of five (5) years beginning on January 1, 2008 and terminating on December 31, 2013, subject to earlier termination pursuant to the terms of this Lease. MRHS Museum Lease 07.doc 21 / I 1 /2007 2 4. Lessee's Covenants - The Lessee covenants and agrees with the Lessor as follows: (a) to use the Premises only as a site for a museum and archives; (b) to at all times maintain the Lessee in good standing as a non-profit society whose membership is open to the public; (c) Deleted (d) Deleted (e) not to make or construct in, on or to the Premises any alterations or other improvements (collectively, "Improvements") without obtaining the Lessor's prior written consent, and to provide to the Lessor plans showing the design and nature of construction of the proposed Improvements and their proposed location, and all such Improvements shall be constructed in accordance with such plans and in a good and workmanlike manner, and shall thereafter be maintained by and at the cost and expense of the Lessee, to the Lessor's satisfaction; (f) not to commit, suffer or permit any waste, spoil, destruction, damage or injury to the Premises or to the surrounding land; (g) not to cause, maintain or permit any thing that may be or become a nuisance or annoyance in, on or from the Premises to the owners or occupiers of adjoining lands or to the public, including by the accumulation of rubbish, or unused personal property of any kind; (h) to heat the Premises as necessary to prevent damage from frost; (i) to promptly pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Premises, including without limitation, all taxes, duties, levies, charges and assessments, permit and license fees, repair and maintenance costs, administration and service fees, telephone, electrical, gas, water, sewage disposal and other utility charges; (j) And keep the Premises in good condition and repair and a neat, tidy, safe, clean and sanitary condition, including without limitation all day to day maintenance and repairs to the structure, electrical, plumbing, heating, air conditioning, machinery, equipment facilities, interior painting, and fixtures including glass to a standard befitting public facilities used for a similar purpose, at the Lessee's sole expense; The Society shall have exclusive and absolute care, custody and control of the Premises and the equipment contained therein during the terms of this agreement. Equipment and facility operating and preventative maintenance, minor repairs, and equipment replacement shall be the responsibility of the Society. Structural facility repairs, roofing and replacement of heating, plumbing, air, electrical and ventilating systems, exterior painting and floor replacements shall be funded by the District of Maple Ridge; MRHS Museum Lease 07.doc 21/11/2007 3 (k) not to allow any refuse, debris, garbage, or other loose or objectionable material to accumulate or be deposited in, on or from the Premises but rather to dispose of the same regularly and continuously, in order to maintain the Premises in a condition befitting public facilities used for similar purposes, and to take all reasonable measures to ensure that any substance discharged, spilled, emitted, released or permitted to escape, seep or leak onto the land or into, drains or sewers on or adjacent to the Premises is in compliance with all applicable laws; (1) to carry on and conduct its activities in, on and from the Premises in compliance with any and all applicable statutes, bylaws, regulations and orders, including without limitation by obtaining all necessary permits and licenses, and not to do or omit to do anything upon or from the Premises in contravention thereof, (m) to observe and cause its employees, invitees and others over whom the Lessee can reasonably be expected to exercise control to observe the Rules and Regulations set out in Schedule '13% and such further and other rules and regulations of the Lessor, acting reasonably after consultation with the Lessee, and all such rules and regulations shall be deemed to be incorporated into and form part of this Lease; (n) not to assign or transfer this Lease or sublet all or any part of the Premises or to part with possession of the whole or any part of the Premises. (o) to promptly discharge any builders' lien which may be filed against the title to the Premises relating to any work or construction which it undertakes on or to the Premises. (p) That the Lessor shall have free usage of the demised premises PROVIDED HOWEVER that all booking procedures are followed as established by the Lessee. The Lessor will pay any reasonable equipment charges for use of Societies program equipment as outlined in the fees policy of the Lessee 5. Taxation - The Lessee acknowledges and agrees that it is solely responsible for the payment of all property taxes and assessments levied against the Premises during the Term. The Lessee may in each year apply to the District of Maple Ridge for an exemption from taxation in accordance with the Local Government Act and Community Charter provisions in force from time to time, and may apply for financial assistance from the District of Maple Ridge. However, the Lessee acknowledges that such grants and exemptions are within the sole discretion of the District of Maple Ridge Council and cannot in any way be guaranteed or relied upon. b. Net Lease - Without limiting any other provisions in this Lease, the Lessee agrees that this Lease shall be net to the Lessor and the Lessee shall promptly pay when due its own account and without any variation, set-off, or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the operation and maintenance of the Premises. 7. Maintenance - If during the Term the Lessee defaults in its obligations to maintain the Premises and all Improvements, the Lessor may give written notice specifying the respect in which such maintenance is deficient, and the Lessee shall, within fifteen (15) days of such MRHS Museum Lease 07.doc 21/11/2007 4 notice, remedy the default specified in the notice and where the Lessee has not commenced, or having commenced, is not diligently completing the remedying of such default or if the maintenance is not satisfactory to the Lessor, the Lessor may enter upon the Premises and perform such maintenance as is in the Lessor's opinion required, at the sole cost and expense of the Lessee, plus such additional charge as may then be applicable in accordance with the policies of the Lessor for administration and overhead, provided that nothing in this section requires the Lessor to perform any maintenance during the Term; Such expenditure of the Lessor shall be payable to the Lessor by the Lessee as rent owing and due, and may be collected by the Lessor in the same manner and with the same remedies as rent in arrears. 8. Condition at End of Term - Upon the expiration or earlier termination of this Lease, the Lessee shall leave the Premises in a clean, neat and sanitary condition satisfactory to the Lessor. 9. If the Lessee fails to leave the Premises in the condition required by this Lease, the Lessor may do so on behalf of the Lessee and the Lessee shall, on demand, compensate the Lessor for all costs incurred by the Lessor. 10. All alterations to or leasehold improvements made in or upon the Premises after the commencement of the Term shall immediately upon termination of the Lease become the Lessor's sole property without any compensation to the Lessee. Except to the extent otherwise expressly agreed by the Lessor in writing, no leasehold improvements shall be removed by the Lessee from the Premises during the Term except that the Lessee may at the end of the Term remove its trade fixtures. The Lessee shall, in the case of every removal, either during or at the end of the Term, make good any damage caused to the Premises by the installation and removal. 11. Acknowledgment and Agreements of the Lessee - The Lessee acknowledges and agrees that: (a) the Lessor has given no representations or warranties with respect to the Premises, including without limitation with respect to the suitability of the Premises for the Lessee's intended use for the Premises; (b) the Lessee has the power and capacity to enter into and carry out the obligations under this Lease and has undertaken all necessary corporate approvals to enter into and carry out this Lease; and (c) the Lessee leases the Premises on an as is basis and the Lessor has not made any representations, warranties or agreements as to the condition of the Premises. 12. Quiet Possession - The Lessor covenants and agrees with the Lessee to permit the Lessee, so long as the Lessee is not in default of the Lessee's obligations under this Lease, to peaceably possess and enjoy the Premises for the Term, without interference or disturbance from the Lessor or those claiming by, from or under the Lessor except as expressly provided in this Lease. MRHS Museum Lease 07.doc 21/11/2007 S 13. Indemnity - Notwithstanding any other provisions of the Lease, the Lessee shall indemnify and save harmless the Lessor from any and all liabilities, damages, costs, claims, suits or actions arising out of: (a) any breach, violation or non-performance of any covenant, condition or agreement in this Lease on the part of the Lessee to be fulfilled, kept, observed or performed; (b) any damage to property arising out of the Lessee's use and occupation of the Premises; and (c) any injury to person or persons, including death, occurring in or about the Premises, and this indemnity shall survive the Term. 14. The Lessee agrees that the Lessor shall not be liable for any bodily injury to or death of, or loss or damage to any property belonging to, the Lessee or its employees, invitees, or licensees or any other person in, on or about the Premises unless resulting from the actual fault or negligence of the Lessor, but in no event shall the Lessor be liable: (a) for any damage caused by steam, water, rain or snow which may leak into, or flow from any part of the Premises or from the pipes or plumbing works thereof or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring; or (b) for any act or omission on the part of any agent, contractor or person from time to time employed by the Lessee to perform services, supervision or any other work in or about the Premises. 15. Insurance by Lessee - The Lessee shall obtain and maintain for the Term: (a) a policy of general public liability insurance in an amount of at least Three Million ($3,000,000.00) per occurrence, which insurance shall include the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured; and (b) a policy of insurance in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in a standard commercial all-risk insurance policy covering all of the Lessee's trade fixtures and the furniture and equipment and all other contents of the Premises and plate glass insurance in an amount equal to the replacement cost thereof; which insurance shall include the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured. MRHS Museum Lease 07.doc 21/11/2007 6 16. All insurance required to be maintained by the Lessee shall be on terms and with insurers satisfactory to the Lessor and shall provide that such insurers shall provide to the Lessor thirty (30) days prior written notice of cancellation or material alteration of such terms. The Lessee shall furnish to the Lessor certificates or other evidence acceptable to the Lessor as to the insurance from time to time required to be effected by the Lessee and its renewal or continuation in force. If the Lessee shall fail to take out, renew and keep in force such insurance the Lessor may do so as the agent of the Lessee and the Lessee shall pay to the Lessor any amounts paid by the Lessor as premiums forthwith upon demand. 17. Insurance by Lessor (a) The Lessor shall insure and keep insured to their full replacement value, for the Term, all buildings, structures, fixtures and equipment of the Premises (other than the Lessee's trade fixtures and contents) against loss or damage by fire and against loss by such other insurable hazards as it may from time to time reasonably require. (b) The Lessee shall not omit or permit upon the Premises anything which would cause the Lessor's cost of insurance (whether fire or liability) to be increased (and, without waiving the foregoing prohibition the Lessor may demand, and the Lessee shall pay to the Lessor upon demand the amount of any such increase of cost caused by anything so done or omitted to be done) or which shall cause any policy of insurance to be subject to cancellation. 18. Lessor's Representative — The Support Services Manager will be designated as the Lessor's Representative for the purposes of this Lease and in his absence the Director of Parks and Facilities will act as the designate. 19. Additions to Premises - The Lessor may from time to time during the Term add or extend the Premises and to lease such extensions or additions to third parties. In exercising such rights, the Lessor agrees to have prior consultation with the Lessee and to put the Lessee to no unnecessary inconvenience and not to unreasonably interfere with the Lessee's use of the Premises. 20. Holding Over - If at the expiration of the Lease the Lessee shall hold over for any reason, the tenancy of the Lessee thereafter shall be from month to month only and shall be subject to all terms and conditions of this Lease, except as to duration, in the absence of written agreement between the Lessor and the Lessee to the contrary. 21. Right of Entry - The Lessor or its authorized representative may enter the Premises at all reasonable times for the purposes of inspection of the Premises. 22. Strict Performance - The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option and the acceptance of rental by the Lessor with knowledge of the breach by the Lessee of any covenant or condition of this Lease shall not be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the Lessor. MRHS Museum Lease 07.doc 21/11/2007 7 23. Discretionary Terminations: Despite section 3 of the lease, the Lessor may at its sole discretion terminate this lease by providing 6 months written notice to the Lessee of termination. At the end of the notice period, the Lessee shall immediately cease all use and occupation of the Premises and shall vacate and deliver up possession of the Premises and the Lessor may forthwith re-enter the Premises and repossess and enjoy the same. 24. Distress - If and whenever the Lessee shall be in default of the payment of any money, whether hereby expressly reserved or deemed as Rent or any part thereof, the Lessor may without notice or any form of legal process whatsoever, enter upon the Premises and seize, remove and sell the Lessee's goods, chattels and equipment therefrom and seize, remove, and sell any goods, chattels and equipment at any place to which the Lessee or any other person may have removed them in the same manner as if they had remained and been distrained upon the Premises, notwithstanding any rule of law or equity to the contrary, and the Lessee hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Lessor's right of distress. 25. Termination for Breach - If and whenever the Lessee: (a) Is in default of payment of rent for a period longer than thirty days after receipt of written notice from the Lessor to pay the same; (b) Is in default in performance of any of the covenants herein and has not remedied the default within thirty days of written notice from the Lessor; (c) Ceases to be a society in good standing under the laws of British Columbia and has not been restored to such status within thirty days of written notice from the Lessor; (d) Amends its constitution and bylaws to limit membership of the general public without the approval of the Lessor; (e) Becomes insolvent or bankrupt or the lease is seized in execution; (f) Abandons the Premises, vacates the Premises for a period longer than thirty days; (g) The Premises are damaged or destroyed to the extent that in the sole discretion of the 'Lessor, it will take longer than three months to restore; The Lessor may forthwith on written notice terminate this lease and re-enter the Premises without any other notice or form of legal process and repossess and enjoy the same as of its former estate. 26. Rights Non -Exclusive - All rights and remedies of the Lessor are intended to be cumulative and not alternative, and the express provisions as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Lessor by statute or the general law. MRHS Museum Lease 07.doe 21/1 1/2007 8 27. Entire Agreement - The Lessee acknowledges that there are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Lease or the Premises save as expressly set out in this Lease, and that this Lease is the entire agreement between the parties respecting its subject matter. 28. Governing Law - This Lease shall be governed by and construed in accordance with the laws of the Province of British Columbia. 29. Severance - Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 30. Time of Essence - Time is of the essence of this Lease. 31. Notice - Any notice to be given pursuant to this Lease shall be in writing and shall be sufficiently given if served personally upon an officer of the party for whom it is intended or mailed by prepaid registered post and in the case of the Lessor addressed to: The Corporation of the District of Maple Ridge 11925 Haney Place, Maple Ridge, British Columbia V2X 6G2 Attention: Support Services Manager and in the case of the Lessee, addressed to: The Maple Ridge Historical Society C/O The Maple Ridge Museum, 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 The date of the receipt of such notice shall be deemed conclusively to be the day of service if such notice is served personally, or if mailed, forty-eight (48) hours after such mailing. 32. Enurement - This Lease enures to the benefit of and is binding upon the parties hereto, and their respective successors and permitted assigns and all words in the neuter shall include the masculine or the feminine and all words in the singular shall include the plural when the context so requires. 33. Reference — Every reference to a party is deemed to include the heirs, executors, administrators, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party wherever the context so requires or allows. MRHs Museum Lease 07.doc 21/11/2007 0 IN WITNESS WHEREOF the parties hereto have duly executed this Lease on the dates set out below. THE CORPORATE SEAL OF THE LESSOR was hereunto affixed in the presence of: Mayor Clerk Date: THE CORPORATE SEAL OF THE LESSEE was hereunto affixed in the presence of: h — President, Maple Ridge Historical Society Title Date: DEC - 31007 MRHS Museum Lease 07.doc 21/11/2007 10 SCHEDULE "A" The Lease made between The Corporation of The District of Maple Ridge, as Lessor, and The Maple Ridge Historical Society, as Lessee RULES AND REGULATIONS The Lessee shall observe the following Rules and Regulations (as amended, modified or supplemented from time to time by the Lessor after consultation with the Lessee and acting reasonably as provided in the Lease): 1. The Lessee shall not use or permit the use of the Premises in such manner as to create any objectionable noises or fumes. 2. The Lessee shall not abuse, misuse or damage the Premises or any of the improvements or facilities therein, and in particular shall not deposit rubbish in any plumbing apparatus or use it for other than purposes for which it is intended. 3. The Lessee shall not permit access to main header ducts, janitors and electrical closets and other necessary means of access to mechanical, electrical and other facilities to be obstructed by the placement of furniture or otherwise. The Lessee shall not place any additional locks or other security devices upon any doors of the Premises without immediately notifying the Lessor and subject to any conditions imposed by the Lessor for the maintenance of necessary access. 4. The foregoing Rules and Regulations, as from time to time amended, may be waived in whole or in part with respect to the Premises without waiving them as to future application to the Premises, and the imposition of such Rules and Regulations shall not create or imply any obligation of the Lessor to enforce them or create any liability of the Lessor for their non- enforcement. 5. The Lessee and Lessor will conduct an annual inspection of the buildings to determine the status of repair and establish a yearly maintenance plan. MRHS Museum Lease 07.doe 21/11/2007 This Lease dated for reference January 01, 2008, is BETWEEN: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District Municipality incorporated in 1874 under the laws of the Province of British Columbia, having it offices at 11925 Haney Place, Maple Ridge, B.C., V2X 6G2 (the Lessor) MAPLE RIDGE HISTORICAL SOCIETY a Society duly incorporated under the Societies Act of the Province of British Columbia, having its office in the Maple Ridge Museum at 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 (hereinafter called the "Society" OR the "Lessee") GIVEN THAT: A. The Lessor is the registered owner in fee simple of those lands commonly known as "Callaghan Park" located at 22375 Callaghan Avenue, Maple Ridge, B.C. and on land legally described as: That portion of Lot 14, Block 6, District Lot 398, Group 1, Plan 155, New Westminster District, being approximately 1,800 square feet in area (45' x 40') and outlined in black on Map No. 283, attached hereto and marked Schedule "A" forming part of Maple Ridge Zone Amending By-law 2764 - 1980. (hereinafter referred to as the "Premises" or the "Land") MRHS Old Post Office Lease 07.doc 21/1 1/2007 2 B. The Lessee wishes to lease the Land for the purpose of placing a building thereon, more commonly referred to as "The Old Post Office", and the Lessor wishes to lease the Land to the Lessee for this purpose on the terms and conditions set out in this Lease; THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Lease of Land - The Lessor hereby leases the Land to the Lessee on the terms and conditions and for the purposes set out in this Lease. 2. Rent - The Lessee shall pay the Lessor the prepaid rent for the Term of $5.00 (the "Rent"), the receipt of which is hereby acknowledged by the Lessor. 3. Term - The term of this Lease ("Term") and the rights granted by it shall be for a period of three (3) years beginning on January 1, 2008 and terminating on December 31, 2011, subject to earlier termination pursuant to the terms of this Lease. 4. Lessee's Covenants - The Lessee covenants and agrees with the Lessor as follows: (a) to use the Land only as a site for the "Old Post Office Preschool"; (b) It is hereby acknowledged that the Lessee is and remains the owner of the Premises known as the "Old Post Office" and that at the termination of the this lease, the Lessee must remove the Premises, but only to another site within the District of Maple Ridge and which is acceptable to the Lessor. (c) To comply with and maintain the old Post Office Building to all standards and requirements required by law including the bylaws of the District of Maple Ridge and without limitation, health, fire, zoning and building regulations and maintenance requirements. (d) to comply with all heath, safety, fire, zoning building and other requirements authorized by law and specifically to upgrade the aforesaid "Old Post Office" building to all Municipal standards. (e) not to make or construct in, on or to the Land any alterations or other improvements (collectively, "Improvements") without obtaining the Lessor's prior written consent, and to provide to the Lessor plans showing the design and nature of construction of the proposed Improvements and their proposed location, and all such Improvements shall be constructed in accordance with such plans and in a good and workmanlike manner, and shall thereafter be maintained by and at the cost and expense of the Lessee, to the Lessor's satisfaction; (f) not to commit, suffer or permit any waste, spoil, destruction, damage or injury to the Premises or to the surrounding land; MRHS Old Post Office Lease 07.doc 21/11/2007 3 (g) not to cause, maintain or permit any thing that may be or become a nuisance or annoyance in, on or from the Premises or Land to the owners or occupiers of adjoining lands or to the public, including by the accumulation of rubbish, or unused personal property of any kind; (h) Deleted {i) to promptly pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Premises and Land, including without limitation, all taxes, duties, levies, charges and assessments, permit and license fees, repair and maintenance costs, administration and service fees, telephone, electrical, gas, water, sewage disposal and other utility charges; (j) to repair and maintain the Premises and Land in good condition and repair and a neat, tidy, safe, clean and sanitary condition, including without limitation all day to day maintenance and repairs to the structural, electrical, plumbing, heating, air conditioning, machinery, equipment, facilities and fixtures to a standard befitting public facilities used for a similar purpose, at the Lessee's sole expense; (k) not to allow any refuse, debris, garbage, or other loose or objectionable material to accumulate or be deposited in, on or from the Premises but rather to dispose of the same regularly and continuously, in order to maintain the Premises in a condition befitting public facilities used for similar purposes, and to take all reasonable measures to ensure that any substance discharged, spilled, emitted, released or permitted to escape, seep or leak onto the land or into, drains or sewers on or adjacent to the Premises is in compliance with all applicable laws; (1) to carry on and conduct its activities in, on and from the Premises in compliance with any and all applicable statutes, bylaws, regulations and orders, including without limitation by obtaining all necessary permits and licenses, and not to do or omit to do anything upon or from the Premises in contravention thereof, (m) to observe and cause its employees, invitees and others over whom the Lessee can reasonably be expected to exercise control to observe the Rules and Regulations set out in Schedule 'A', and such further and other rules and regulations of the Lessor, acting reasonably after consultation with the Lessee, and all such rules and regulations shall be deemed to be incorporated into and form part of this Lease, (n) not to assign this lease to others and only sub -let at the absolute discretion of the Lessor. (o) to promptly discharge any builders' lien which may be filed against the title to the Premises or Land relating to any work or construction which it undertakes on or to the Premises. MRHS Old Post Office Lease 07.doc 21/11/2007 5. Taxation - The Lessee acknowledges and agrees that it is solely responsible for the payment of all property taxes and assessments levied against the Premises or Land during the Term. The Lessee may in each year apply to the District of Maple Ridge for an exemption from taxation in accordance with the Local Government Act and Community Charter provisions in force from time to time, and may apply for financial assistance from the District of Maple Ridge. However, the Lessee acknowledges that such grants and exemptions are within the sole discretion of the District of Maple Ridge Council and cannot in any way be guaranteed or relied upon. 6. Net Lease - Without limiting any other provisions in this Lease, the Lessee agrees that this Lease shall be net to the Lessor and the Lessee shall promptly pay when due its own account and without any variation, set-off, or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the operation and maintenance of the Premises and Land. 7. Maintenance - If during the Term the Lessee defaults in its obligations to maintain the Premises and all Improvements, the Lessor may give written notice specifying the respect in which such maintenance is deficient, and the Lessee shall, within fifteen (15) days of such notice, remedy the default specified in the notice and where the Lessee has not commenced, or having commenced, is not diligently completing the remedying of such default or if the maintenance is not satisfactory to the Lessor, the Lessor may enter upon the Premises and perform such maintenance as is in the Lessor's opinion required, at the sole cost and expense of the Lessee, plus such additional charge as may then be applicable in accordance with the policies of the Lessor for administration and overhead, provided that nothing in this section requires the Lessor to perform any maintenance during the Term. Such expenditure of the Lessor shall be payable to the Lessor by the Lessee as rent owing and due, and may be collected by the Lessor in the same manner and with the same remedies as rent in arrears. S. Condition at End of Term - Upon the expiration or earlier termination of this Lease, the Lessee shall leave the Land in a clean, neat and sanitary condition satisfactory to the Lessor. g. If the Lessee fails to leave the Land in the condition required by this Lease, the Lessor may do so on behalf of the Lessee and the Lessee shall, on demand, compensate the Lessor for all costs incurred by the Lessor. 10. All alterations to or leasehold improvements made in or upon the Land after the commencement of the Term shall immediately upon termination of the Lease become the Lessor's sole property (with the exception of the Building "The Old Post Office") without any compensation to the Lessee. Except to the extent otherwise expressly agreed by the Lessor in writing, no leasehold improvements shall be removed by the Lessee from the Premises during the Term except that the Lessee may at the end of the Term remove its trade fixtures. The Lessee shall, in the case of every removal, either during or at the end of the Term, make good any damage caused to the Premises by the installation and removal. MRHS Old Post Office Lease 07.doc 21/11/2007 5 11. Acknowledgment and Agreements of the Lessee - The Lessee acknowledges and agrees that: (a) the Lessor has given no representations or warranties with respect to the Land, including without limitation with respect to the suitability of the Land for the Lessee's intended use for the land; (b) the Lessee has the power and capacity to enter into and carry out the obligations under this Lease and has undertaken all necessary corporate approvals to enter into and carry out this Lease; and (c) the Lessee leases the Land on an as is basis and the Lessor has not made any representations, warranties or agreements as to the condition of the Land. 12. Quiet Possession - The Lessor covenants and agrees with the Lessee to permit the Lessee, so long as the Lessee is not in default of the Lessee's obligations under this Lease, to peaceably possess and enjoy the Land for the Term, without interference or disturbance from the Lessor or those claiming by, from or under the Lessor except as expressly provided in this Lease. 13. Indemnity - Notwithstanding any other provisions of the Lease, the Lessee shall indemnify and save harmless the Lessor from any and all liabilities, damages, costs, claims, suits or actions arising out of: (a) any breach, violation or non-performance of any covenant, condition or agreement in this Lease on the part of the Lessee to be fulfilled, kept, observed or performed; (b) any damage to land arising out of the Lessee's use and occupation of the Premises; and (c) any injury to person or persons, including death, occurring in or about the Premises and Land, and this indemnity shall survive the Term. 14. The Lessee agrees that the Lessor shall not be liable for any bodily injury to or death of, or loss or damage to any property belonging to, the Lessee or its employees, invitees, or licensees or any other person in, on or about the Premises unless resulting from the actual fault or negligence of the Lessor, but in no event shall the Lessor be liable: (a) for any damage caused by steam, water, rain or snow which may leak into, or flow from any part of the Land or Premises or from the pipes or plumbing works thereof or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring; or (b) for any act or omission on the part of any agent, contractor or person from time to time employed by the Lessee to perform services, supervision or any other work in or about the Premises or Land. MRHS Old Post Office Lease 07.doc 21/11/2007 0 15. Insurance by Lessee - The Lessee shall obtain and maintain for the Term: (a) a policy of general public liability insurance in an amount of at least Three Million ($3,000,000.00) per occurrence, which insurance shall include the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured; and (b) The Lessee will ensure and show proof of any tenant(s) general public liability insurance in the amount of Three Million ($3,000,000.00) per occurrence, which insurance shall include the Lessee and the District of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured; and (c) a policy of insurance in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in a standard commercial all-risk insurance policy covering all of the Lessee's trade fixtures and the furniture and equipment and all other contents of the Premises. 16. All insurance required to be maintained by the Lessee and tenant (s) shall be on terms and with insurers satisfactory to the Lessor and shall provide that such insurers shall provide to the Lessor thirty (30) days prior written notice of cancellation or material alteration of such terms. The Lessee shall furnish to the Lessor certificates or other evidence acceptable to the Lessor as to the insurance from time to time required to be effected by the Lessee and its renewal or continuation in force. If the Lessee or tenant (s) shall fail to take out, renew and keep in force such insurance the Lessor may do so as the agent of the Lessee and the Lessee shall repay to the Lessor any amounts paid by the Lessor as premiums forthwith upon demand. 17. Insurance by Lessor (a) Deleted (b) The Lessee shall not omit or permit upon the Premises anything which would cause the Lessor's cost of insurance (whether fire or liability) to be increased (and, without waiving the foregoing prohibition the Lessor may demand, and the Lessee shall pay to the Lessor upon demand the amount of any such increase of cost caused by anything so done or omitted to be done) or which shall cause any policy of insurance to be subject to cancellation. 18. Lessor's Representative — The Support Services Manager will be designated as the Lessor's Representative for the purposes of this Lease and in his absence the Director of Parks and Facilities will act as the designate. 19. Additions to Premises — Deleted MRHS Old Post Office Lease 07.doc 21/11/2007 20. Holding Over - If at the expiration of the Lease the Lessee shall hold over for any reason, the tenancy of the Lessee thereafter shall be from month to month only and shall be subject to all terms and conditions of this Lease, except as to duration, in the absence of written agreement between the Lessor and the Lessee to the contrary. 21. Right of Entry - The Lessor or its authorized representative may enter the Premises or Land at all reasonable times for the purposes of inspection of the Premises or Land. 22. Strict Performance - The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option and the acceptance of rental by the Lessor with knowledge of the breach by the Lessee of any covenant or condition of this Lease shall not be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed a waiver of such breach and no waiver by the Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the Lessor. 23. Discretionary Terminations: Despite section 3 of the lease, the Lessor may at its sole discretion terminate this lease by providing 6 months written notice to the Lessee of termination. At the end of the notice period, the Lessee shall immediately cease all use and occupation of the Premises and shall vacate and deliver up possession of the Land and the Lessor may forthwith re-enter the Land and repossess and enjoy the same. 24. Termination for Breach - If and whenever the Lessee: (a) Is in default of payment of rent for a period longer than thirty days after receipt of written notice from the Lessor to pay the same; (b) Is in default in performance of any of the covenants herein and has not remedied the default within thirty days of written notice from the Lessor; (c) Ceases to be a society in good standing under the laws of British Columbia and has not been restored to such status within thirty days of written notice from the Lessor; (d) Amends its constitution and bylaws to limit membership of the general public without the approval of the Lessor; (e) Becomes insolvent or bankrupt or the lease is seized in execution; (f) Abandons the Premises, vacates the Premises for a period longer than thirty days; (g) The Premises are damaged or destroyed to the extent that in the sole discretion of the Lessor, it will take longer than three months to restore; MRHS Old Post Office Lease 07.doc 21/1 1/2007 The Lessor may forthwith on written notice terminate this lease and re-enter the Premises without any other notice or form of legal process and repossess and enjoy the same as of its former estate. 25. Additional Rights - In addition to all rights and remedies of the Lessor available to it in the event of any default by the Lessee under this Lease or otherwise, the Lessor: (a) shall have the right at all times to remedy or attempt to remedy any default of the Lessee, and in so doing may make any payments due or alleged to be due by the Lessee to third parties and may enter upon the Land to do any work or other things therein and in such event all expenses of the Lessor in remedying or attempting to remedy such default shall be payable by the Lessee to the Lessor forthwith upon demand; (b) shall have the same rights and remedies in the event of any nonpayment by the Lessee of any amounts payable by the Lessee under any provision of this Lease as the case of a nonpayment of Rent; (c) if the Lessee fails to pay any sum promptly when due, shall be entitled, upon demand, to interest on such amount at the rate charged and published from time to time by the main branch of the Lessor's bank, as its most favourable rate of interest to its most creditworthy and substantial commercial customers commonly known as its "prime rate", from the date upon which the same was due until the date of actual payment; and (d) whenever the Lessor becomes entitled to reenter the Premises under any provision of this Lease, the Lessor in addition to all other rights it may have shall have the right as agent of the Lessee to enter the Premises and re -let them and to receive the rent, and as the agent of the Lessee to take possession of any furniture owned by the Lessee and to sell the same at public or private sale without notice and to apply the proceeds and any rent derived from re -letting the Premises upon account of the rent due and to become due under this Lease and the Lessee shall be liable to the Lessor for the deficiency, if any. 2b. Rights Non -Exclusive - All rights and remedies of the Lessor are intended to be cumulative and not alternative, and the express provisions as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Lessor by statute or the general law. 27. Entire Agreement - The Lessee acknowledges that there are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Lease or the Premises save as expressly set out in this Lease, and that this Lease is the entire agreement between the parties respecting its subject matter. 28. Governing Law - This Lease shall be governed by and construed in accordance with the laws of the Province of British Columbia. MRHS Old Post Office Lease 07.doc 21/11/2007 29. Severance - Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 30. Time of Essence - Time is of the essence of this Lease. 31. Notice - Any notice to be given pursuant to this Lease shall be in writing and shall be sufficiently given if served personally upon an officer of the party for whom it is intended or mailed by prepaid registered post and in the case of the Lessor addressed to: The Corporation of the District of Maple Ridge 11925 Haney Place, Maple Ridge, British Columbia V2X 6G2 Attention: Support Services Manager and in the case of the Lessee, addressed to: The Maple Ridge Historical Society C/O The Maple Ridge Museum, 22520 - 116th Avenue, Maple Ridge, B.C. V2X 8Y6 The date of the receipt of such notice shall be deemed conclusively to be the day of service if such notice is served personally, or if mailed, forty-eight (48) hours after such mailing. 32. Enurement - This Lease enures to the benefit of and is binding upon the parties hereto, and their respective successors and permitted assigns and all words in the neuter shall include the masculine or the feminine and all words in the singular shall include the plural when the context so requires. 33. Reference — Every reference to a party is deemed to include the heirs, executors, administrators, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party wherever the context so requires or allows. MRHs Old Post Office Lease 07.doc 21/11/2007 10 IN WITNESS WHEREOF the parties hereto have duly executed this Lease on the dates set out below. The Corporation of the District of Maple was hereunto affixed in the Presence Of Authorized Signatory Authorized Signatory Date THE CORPORATE SEAL OF THE LESSEE was hereunto affixed in the presence of: — President, Maple Ridge Historical Society Title Date: ��� DEC - 3 2007 MRHS Old Post Office Lease 07.doc 21/11/2007 11 SCHEDULE "A" RULES AND REGULATIONS The Lessee shall observe the following Rules and Regulations (as amended, modified or supplemented from time to time by the Lessor after consultation with the Lessee and acting reasonably as provided in the Lease): 1. The Lessee shall not use or permit the use of the Land or Premises in such manner as to create any objectionable noises or fumes. 2. The Lessee shall not abuse, misuse or damage the Land or Premises or any of the improvements or facilities therein, and in particular shall not deposit rubbish in any plumbing apparatus or use it for other than purposes for which it is intended. 3. Delete 4. The foregoing Rules and Regulations, as from time to time amended, may be waived in whole or in part with respect to the Premises and land without waiving them as to future application to the Premises, and the imposition of such Rules and Regulations shall not create or imply any obligation of the Lessor to enforce them or create any liability of the Lessor for their non- enforcement. MRHS Old Post Office Lease 07.doc 21/1 1/2007 i� � � ���,' + ''! k � is £• P pj AfF I., �A •� '" Or Ab Old Post Office Preschool Y f TIN- ry�• r ... Map