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2010-06-08 Council Meeting Agenda and Reports.pdf
District of Maple Ridge COUNCIL MEETING AGENDA June 8, 2010 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.maplerid e.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 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 May 25, 2010 502 Minutes of the Development Agreements Committee Meetings of May 20, 2010 600 PRESENTATIONS AT THE REQUEST OF COUNCIL Page 1 Council Meeting Agenda June 8, 2010 Council Chamber Page 2 of 5 700 DELEGATIONS 701 Maple Ridge/Pitt Meadows Municipal Advisory Committee on Accessibility Issues Business Planning Update -Greg Turnbull, Chair 800 UNFINISHED BUSINESS 801 Soliciting for Donations Staff report dated May 5, 2010 recommending that a request for permission to allow Public Outreach Consultancy Inc. to solicit for monthly donations for the Canadian Red Cross Campaign be approved. Forwarded from the May 25, 2010 Council_ Meeting and the June 7, 2010 Council Workshop Meeting 802 2011 - 2015 Business Planning Guidelines Staff report dated May 11, 2010 recommending that the Business Planning and Budget Guidelines for 2011 through 2015 be approved. Forwarded from the May 25, 2010 Council Meeting. 900 CORRESPONDENCE 1000 BYLAWS COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes - N/A Council Meeting Agenda June 8, 2010 Council Chamber Page 3 of 5 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/046/10, 20690 Lougheed Highway Staff report dated May 31, 2010 recommending that the Corporate Officer be authorized to sign and seal DP/046/10 in support of a change of landscape design. 1102 Excess Capacity/Extended Services Agreement LC 141,/10, Balsam Street and 133A Avenue Staff report dated May 28, 2010 recommending that Latecomer Charges be imposed and that the Corporate Officer be authorized to sign and seal Latecomer Agreement LC 141/10. 1103 5th Annual Iron Mountain Triathlon Staff report dated May 1A; 2010 recnmmendingthe iise of munirinal streets be authorized for the 5th Annual Iron Mountain Triathlon on Sunday, June 20, 2010. Financial and Corporate Services (including Fire and Police 1131 Adjustments to the 2010 Collector's Roll Staff report dated May 25, 2010 submitting information on changes to the 2010 Collector's Roll through the issuance of Supplementary Roll 03. Submitted for information only Council Meeting Agenda June 8, 2010 Council Chamber Page 4 of 5 Community Development and Recreation Service 1151 Municipal -School District Master Agreement on Cooperation for the Joint Use of Facilities and Coordination of Services Staff report dated May 7, 2010 recommending that the Master Agreement on Cooperation for the Joint Use of Facilities and Coordination of Services be endorsed and that the Corporate Officer be authorized to sign the agreement. 1152 Lease of Lot 1 District Lot 399 GP1 NWD LMP 12218 for Supportive iivusi ng Project 1181 Staff report dated June 3, 2010 recommending that the lease agreement between the District of Maple Ridge and the Provincial Rental Housing Corporation for the lease of Lot 1 District Lot 399 GP1 NWD LMP 12218 be approved and that the Corporate Officer be authorized to sign the agreement. Correspondence Other Committee Issues 1200 STAFF REPORTS 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL From the May 17, 2010 Closed Council Meeting • Ridge Meadows Youth & Justice Advocacy Association Lease 1400 MAYOR'S REPORT 1500 COUNCILLORS' REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING Council Meeting Agenda June 8, 2010 Council Chamber Page 5 of 5 1800 QUESTIONS FROM THE PUBLIC 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. Each person will be permitted 2 minutes 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. Council reserves the right to defer responding to a question in order to obtain the information required to provide a complete and accurate response. Other opportunities are available to address Council including public hearings, delegations and community forum. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk's Department at 604-463-5221 or clerks@mapleridge.ca. Mayor and Council at mayorandcouncil@maplerid e.ca. Checked by: Date: fB 6 CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES May 20, 2010 Mayor's Office 9 1DIrk" Ernie Daykin, Mayor Chairman Paul Gill, Acting Chief Administrative Officer Member 1. H & T QUALITY HOMES LTD. LEGAL: LOCATION: OWNER: REQUIRED AGREEMENTS: Amanda Allen, Recording Secretary Lot 9, Section 33, Township 12, New Westminster District, Plan BCP42873 13783 Blaney Road H&T Quality Homes Ltd. Covenant - Infiltration THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO H & T QUALITY HOMES LTD. Chair CARRIED 9,- c Pau Gill, Acting M ber hief Administrative Officer 502 13887 Q 13868 22 13857 21 13841 2 2� Subject Parcel 13825 13828 1 19 13811 13 1 10 18 812 137g 13796 11 1379s 9 13802 2 BC P �3783 13�812 13781 3 N°F 13782 8 731>PAR 137ss �s 13 m 13773 m 13772 4 7 1376 13763 13,>, 2 14 6 13750 1,3753 15 N SCALE 1:1,000 3 City of Pitt Meadows i 13783 Blaney Rd. m� i LIM -I listrict . MAPLE RIDGE 9rp+�h Colu+3�1. Ed Langley CORPORATION OF THE DISTRICT OF MAPLE RIDGE LICENSES. PERMITS & BYLAWS DEPT. DATE: May 4, 2010 FILE: Untitled BY: AS Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Soliciting for Donations 1:0:(01111P/: &Illu l►Vih_I;f,6 DATE: May 5, 2010 FILE NO: 0320-01 ATTN: C of W - Corp & Fin In a letter dated March 22, 2010 from Public Outreach Consultancy Inc., a professional fundraising organization, Council is being requested to grant permission for soliciting for monthly donations at specific locations on municipal sidewalks. Pursuant to Section 42.1 of Maple Ridge Highway and Traffic Bylaw No. 6704-2009, organizations or individuals soliciting for donations must receive approval from Council by way of a resolution. RECOMMENDATIONS: That the request from Public Outreach Consultancy Inc., a professional fundraising organization, for permission to solicit for monthly donations, at specific locations on municipal sidewalks, be approved for the Canadian Red Cross Campaign only, and upon the following conditions: 1. Solicitation is not conducted within 5 metres of a financial institution; 2. Solicitation takes place between the hours of 9:00 a.m. and 6:00 p.m; and 3. Solicitation does not disrupt the public's ability to enter and exit local businesses; and further, That the necessary business licence be obtained prior to commencing fundraising on municipal sidewalks. DISCUSSION: a) Background Context: The request is from a professional fundraising organization that specializes in obtaining committed monthly donors. In discussions with the Business Licence Department, it has been confirmed that at this time the request is for soliciting for donations on municipal sidewalks on behalf of the Canadian Red Cross only. The goal of the organization is to eventually expand their fundraising program to include other non-profit charitable organizations. The attached letter dated March 22, 2010 and company profile provide an overview of the organization and fundraising program. Also attached is a copy of a letter of support dated March 1, 2010 from Canadian Red Cross confirming the proposed solicitation will be on their behalf. If Council approval is granted, it will be necessary for the organization to obtain a business licence to conduct the canvassing within the District. Page 1 of 2 801 b) Citizen/Customer Implications: Canvassing for donations is the means by which non-profit organizations such as the Canadian Red Cross are able to raise funds to support their programs. c) Interdepartmental Implications: In view of the nature of the proposed solicitation for monthly donations and the growing concern of personal identify theft and financial scams, it can be anticipated there will be calls to the District's Bylaws Department and/or the Ridge Meadows RCMP to verify the legitimacy of the organization/canvassers. The Business Licence Department therefore requested the organization provide the specific dates and locations that the canvassers will be soliciting on municipal streets. The requested information has been received and is attached for reference. The Business Licence Department further anticipates concerns from the businesses and the customers of the businesses in the vicinity of the canvassing and are recommending approval for solicitation be granted provided the following conditions are met: 1. Solicitation is not conducted within 5 metres of a financial institution; 2. Solicitation takes place between the hours of 9:00 a.m. and 6:00 p.m; and 3. Solicitation does not disrupt the public's ability to enter and exit local businesses. d) Alternative: The alternative is to limit canvassing for fundraising purposes in the District to volunteers of the various non-profit organizations. CONCLUSIONS: In order to meet the requirements of Section 42.1 of Maple Ridge Highway and Traffic Bylaw No. 6704-2009, Council's approval is required for all requests for soliciting for donation. The request is out of the ordinary in that it is for the use of municipal sidewalks for the purposes of conducting the business of soliciting for monthly donations. In discussions with the Business Licence Department, the organization has confirmed that, at this time, the proposed solicitation is solely on behalf of the Canadian Red Cross. It is therefore recommended that approval be granted for the Canadian Red Cross campaign only, and the solicitation be conducted under the recommended conditions. Prepared by: Diana Dalton Clerk's Department y. Approved by: Pa Gill, l3. Com� Geir eras M : Fina I and Corporate Services Concurrence: 4. (Jim) Rule hief Administrative Officer Attachments (4) Page 2of2 22 March 2010 Mayor and Council c/o Ceri Marlo Manager Legal Services District of Maple Ridge 11960 Haney Place, Maple Ridge, BC V2X 9B8 RE: BUSINESS LICENCE APPLICATION: FUNDRAISING FOR CHARITY Enclosed is our Business Licence Application, a letter of support from our primary client in Maple Ridge, and documents outlining our work. Public Outreach Consultancy Inc. http://www.publicoutreach.ca is Canada's leading agency that recruits monthly donors through face-to-face contact for international and local charities. We would like our four -person crew .for street fundraising to be granted access at least twice a month. Their hours would be loam - 5:30pm (I1.00am-6.00pm in summer). We'd like to position them in two areas: (1) two representatives on 224th St, across from the mall between Dewdney Trunk Rd and Fraser Hwy, and (2) two representatives on Dewdney Trunk Rd near the corner of 224th St. We work only for registered charities and non -profits. Established in 2002, we now have offices in eleven cities across Canada. The company was incorporated in 2006, and carries liability insurance cover for $5 million. Our Street Canvassing Representatives stand on the edge of sidewalks in teams of two, within sight of each other for security, and working on one city block and its intersections on any given day. They are trained to avoid causing obstruction or hindrance, to respect the boundaries between city streets and private property, to adapt to changes in sidewalk traffic. They avoid giving offence or creating hazards. They do not work where pedestrian traffic is so high that people are not likely to stop. They work daily shifts 10.30am to 5.30pm (11.00-6.00 in summer). Locations are typically chosen a day ahead, and are chosen by volume of pedestrian traffic, proximity of stores and malls, parking lots, time of day, weather, and when last we worked at that location (response is best if pedestrians do not become accustomed to our presence). In other words, we limit the density of canvassers, and the frequency of working in any given location. 207 West Hastings Street I Suite 1003 1 Vancouver BC V6B 1 H7 T: 604-633-9139 1 Fax: 604-688-8192 1 graharn@publicoutreach.ca f Our Fundraising Model Our representatives do not harass or pressure people to sign up. People who are pressured into signing up for monthly donations would simply cancel at the first opportunity. And we guarantee our charity clients that donors we recruit will continue for at least a year. Public Outreach does not charge its charity clients a commission, but an upfront fee that comes from their fundraising budget. Nor does Public Outreach does not pay its representatives on commission. They receive an hourly rate well above minimum wage. The full amount of all donations therefore goes direct to the charity, which issues the tax receipts. Representatives always wear photo ID, and never accept cash Our growth has been based on simple principles: . Dealing honestly and respectfully with charities, the public, malls and prospective donors • Consistently adapting to the needs and requests of prospective donors and clients We look forward to doing business in the Township of Langley. We are certain that many residents would like the opportunity to become members of our client charities. Sincerely, Graham Hayman HR & Legal Manager Encl/ Business Licence Application Letter: Red Cross Canada About Public Outreach Fundraising Public Outreach uses face-to-face representatives to recruit monthly donors for registered charities. They work in high -traffic pedestrian locations, indoors on private property (with permission), and go from door to door. They do not sell products or services, or accept cash donations. Principles Honesty, low pressure and respect are our key canvassing principles in acquiring monthly donors. High- pressure techniques are not only against our ethical principles; they are just not sustainable. People who are pressured into signing up for monthly donations will simply cancel at the first opportunity. We are competitive service providers to charities, because our representatives are highly effective in communicating the work of the charity and the need for support. They have similar motivations to our clients' volunteers, and are hired as much for their passion for our clients as for their ability to fundraise. We let them work closely with the charities they like. The result is appropriate both for clients and for the donors: our representatives raise amounts that suit not only the charity but also the donors. By finding the right people and recruiting them in the proper way, we are able to guarantee our clients that monthly donors will continue for at least a year. Continuing adherence to our fundraising principles results in highly effective recruitment. Liability. Safety and Security Canvassers are trained not to allow sidewalks to be obstructed. Public Outreach Consultancy Inc. carries $ 5000 000 in liability insurance, and appropriate workplace safety insurance. Our company is classed as a "level 3 merchant' in Payment Card Industry (PCI) standards, and our representatives have all undergone PCI criminal background checks by SPI Guard Security Solutions Inc. Our representatives always wear our company photo ID cards. They accept monthly donations as well as single donations through cheques and major credit cards. They never accept cash. Monthly donations are always verified through follow-up telephone calls to donors. Recruitment Methods Street For street recruitment, we station representatives in key high -volume pedestrian areas, between 11.30 a.m. and 5.30 p.m. They stand to one side of the sidewalk, their clipboards and t-shirts displaying the logo of the charity. As people pass by, they ask in a conversational tone and volume, "Do you have a minute for (name of charity)." They do not approach people, harass or hound them, pursue them or block traffic in any way. They rely on passers-by to recognize the name and ,logo of the charity, and to choose to stop and engage in conversation). The initiative to make contact thus rests with passers-by. Our representatives then explain the work of the charity and that we are recruiting monthly donors. Those who wish can sign up immediately, either for monthly donations or for one-time gifts. Others _a_ re_offered_a telephone_ follow up. 207 West Hastings Street Suite 1003 l Vancouver BC V68 1 H7 T: 604-633-9139 1 F: 604-688-81871 graham@publicoutreach.ca Indoor Before recruiting in malls, we obtain permission from store and mall managers. Our representatives are present during mall hours and meet all other requirements of the property managers. Representatives use brochures only to outline the charity's mission and work, and avoid littering. People who want more information are referred to the charity's web site. Door to Door Our door to door representatives use similar low pressure and respectful methods, and offer the same donation options. Their hours are 5.30-9.00 pm. They respect "no soliciting" signs, do not enter apartment blocks and do not call twice unless specifically requested, or there has been no answer at the first visit. Compensation One hundred percent of the funds raised by our representatives goes to the charity nominated by donors. Public Outreach pays representatives a flat hourly rate, well above the minimum wage, so they are not motivated to use high-pressure techniques. Public Outreach does not charge its charitable clients a commission. We charge a flat fee, and for that we guarantee a specified return. All compensation paid to representatives therefore comes out of the charity's fundraising budget, and not from the monthly or single donations. Charities and Monthly Donors Charities have recently come to rely on monthly donations acquired through street fundraising. They realized that a large number of monthly donors is a more reliable source of funding than a small number of wealthy foundations or government programs. Also, that loyal monthly donors give them more independence, and ultimately reduce the overall cost of fundraising. Charities and Outsourcing Charities have discovered that their volunteers are not suitable to recruit monthly donors. This work needs many highly trained people, and campaigns are most effective for only three to six months. Continuous employment is therefore not possible, while the cost of continual retraining of new recruiters is prohibitive. Charities across Canada have realized that specialist fundraisers, like Public Outreach, recruit monthly donors for an investment that is cost effective, sustainable, and compares favorably with the costs of telemarketing, television or direct mail. It is now common practice for charities to outsource their street recruitment for monthly donations. Public Outreach is only one of several Canadian companies offering this service. Our Mission We provide clients with the greatest return on their investment, and we have become the most cost effective in Canada. Our large client list includes Nobel Prize winning charities like UNICEF, Amnesty International, and Doctors without Borders, and Canadian charities like the BCSPCA, CARE Canada, and Save the Children. 207 West Hastings Street I Suite 1003 1 Vancouver BC V66 1 H7 T: 604-633-9139 1 F: 604-608-4805 1 graham@publicoutreach.ca Public Outreach Street Fundraising : District of Maple Ridge 2010 Desired dates: Monday, May 24th, 2010 Tuesday, June 8th, 2010 Wednesday, June 23rd, 2010 Thursday, July 8th, 2010 Friday, July 23rd, 2010 Monday, August 2nd, 2010 Tuesday, August 17th, 2010 Wednesday, September 1 st, 2010 Thursday, September 16th, 2010 Friday, October 1 st, 2010 Monday, October 18th, 2010 Tuesday, November 2nd, 2010 Wednesday, November 17th, 2010 Thursday, December 2, 2010 Friday, December 17th, 2010 Desired locations / staff: (1) two representatives on 224th St, across from the mall between Dewdney Trunk Rd and Lougheed Highway. (2) two representatives on Dewdney Trunk Rd near the corner of 224th St. 207 West Hastings Street I Suite 1003 1 Vancouver BC V6B 1 H7 T: 604-633-9139 1 Fax: 604-688-8192 1 graham Qpublicoutreach.ca Canadian Red Cross Croix -Rouge canadienne Mayor and Council District of Maple Ridge March 1, 2010 This letter is to request permission that Public Outreach Consultancy Inc. be granted permission and a license, to raise funds on the street and door to door in Maple Ridge, on behalf of the Canadian Red Cross. Canadian Red Cross has been working in Canada for almost 100 years, responding to the needs of Canadians in times of disaster and by providing training through First Aid and water safety courses. We also provide health care support through Health Care Equipment Loans programs. We are a non- political, non -religious organization committed to improving the lives of vulnerable people by mobilizing the power of humanity in Canada and around the world. As a licensed business, Public Outreach has been representing the Canadian Red Cross across Canada since 2006. We selected Public Outreach for their reputation for treating donors and the public with respect and courtesy, and have been happy that we entrusted our public image to them. Representatives will be inviting Canadians to become a part of our Circle of Humanity monthly giving program. Through their monthly support, the Circle of Humanity get us closer to this vision by providing resources that support our programs to improve the lives of vulnerable people. Public Outreach specializes in monthly donor acquisition, and we estimate that each monthly donor Public Outreach finds for us will contribute an average of more than $1,800 during their membership. Monthly donors are a vital part of our support because they provide consistent, reliable funding without the need for costly and repeated appeals for donations. An experienced professional consultancy can carry out this work in the most cost-effective way. Representatives working on behalf of Canadian Red Cross: • Wear photo I.D. badges, Canadian Red Cross apparel, and have assorted Canadian Red Cross materials; • Cannot accept any cash donations nor would they be selling or offering any merchandise; • Representatives will give out literature sparingly, only to those supporters who indicate strongly that they would be interested in becoming a monthly donor; • Individuals interested in the monthly donor program would be encouraged to visit the website, provide contact information for future follow up, or would provide information to become a monthly donor; Representatives have appropriate insurance. If you have any questions or concerns feel free to contact myself or Mary Stranges who is responsible for coordinating this program on behalf of the Canadian Red Cross. She can be reached at mares _ publicoutreach.ca or 416-925-4601 ext 312. We have great confidence in Public Outreach, and hope that you will accept them into your community, MS N OAWL Michelle Stefanski Canadian Red Cross, 905-890-1203 ext 288 Charity Registration Number: -119219814RR0001 MAPLE RIDGE 9 ritish C o Lu m h i a`� FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin DATE: May 11, 2010 and Members of Council Chief Administrative Officer ATTN: Committee of the Whole 2011 - 2015 Business Planning Guidelines EXECUTIVE SUMMARY: The District has a comprehensive business planning process that is guided by parameters set by Council through the Business Planning and Budget Guidelines. The guidelines have been amended to reflect the next planning period (2011-2015), and reflect a general tax increase of 3% per year for 2011-2015, a further 1% tax increase for capital works and infrastructure and continued implementation of the Fire Department Masterplan. Staff begin developing business plans in June of each year so that financial and business plans are ready for Council's consideration in December. Financial plan bylaws are then prepared so that we can begin the new calendar year with capital and operating budgets in place. Issuing guidelines to staff at this time ensures that submissions will be in alignment with Council's direction. It has been our practice to prepare detailed business plans for Council in the first year of a mandate and in the two subsequent years, provide addendums highlighting the changes to the plans. We will continue with this process, with publicly -held Council deliberations scheduled for November 29 and 30, 2010. The written material will be made available to Council at least two weeks in advance of the deliberations. RECOMMENDATION: That the Business Planning and Budget Guidelines for 2011 through 2015 on pages 10 and 11 of the attached Business Planning Guidebook 14th Edition be approved. DISCUSSION: a) Background Context: The District has a comprehensive business planning process that is guided by direction set by Council through the Business Planning and Budget Guidelines. In setting this direction, Council uses information from a number of sources, including information gathered through community surveys. Budget guidelines reflect a general purposes tax increase of 3% each year for 2011-2015, a further 1% tax increase for capital works and infrastructure and continued implementation of the Fire Department Masterplan. For 2013, the Fire Service Levy increase will be reduced by 50%, and by 2014, increases will be limited to growth and inflationary issues. This will provide some room for other Council priorities. The guidelines are on pages 10 and 11 of the attached Business Planning Guidebook. b) Desired Outcome: The Business Planning and Budget Guidelines will provide staff with the direction so that plans can be developed in alignment with Council's direction. In accordance with past practice, Council will be presented with business plan addendums that will provide updates to materials provided previously, such as the 2010-2014 addendums and the 2009-2013 full business plans. c) Strategic Alignment: The Business Planning and Budget Guidelines are designed to align with other corporate initiatives, as shown on the chart on Page 9 of the guidelines. In addition, our business planning process requires a rigorous review of the services we provide to ensure we are "doing the right things right". The Corporate Strategic Plan on page 16 identifies nine focus areas that we refer to when developing business plans. While some focus areas may receive more consideration than others as our community develops, all of these focus areas are important. As we pursue initiatives in one particular area, we must be mindful of the impact to the other areas. d) Citizen/Customer Implications: The Business Planning and Budget Guidelines will be available on our website. We will seek comments through the website, and all of the input that we receive will be referred to Council before final consideration is given to these guidelines. Council's business plan deliberations take place in meetings open to the public. Currently, these deliberations are scheduled for November 29 and 30, 2010, and these dates will be confirmed in the coming months. The resulting financial plan bylaw will be considered at meetings open to the public in December. e) Interdepartmental Implications: In developing the business plans, departments must consider their own work plans, the impact of those plans on other departments as well as the impact to them of the work plans developed by others. Cross departmental overlap must be represented in the business plans and managed accordingly. The capital and information technology programs are two such examples. f) Business Plan/Financial Implications: The Business Planning and Budget Guidelines for developing the financial plan appear on Page 10 - 11 of the document. Key items include a general purpose tax increase of 3% per year, a further tax increase of 1% for capital works and infrastructure, and continued implementation of the Fire Department Masterplan. For 2013, the Fire Service Levy increase will be reduced by 50%, and by 2014, increases will be limited to growth and inflationary issues. This will provide some room for other Council priorities. g) Policy Implications: The Business Planning and Budget Guidelines provide a framework for planning and augment the existing policy framework used to guide decision making. h) Alternatives: Undertaking the business planning process without approved guidelines may result in work plans that are not in alignment with the corporate strategic direction. CONCLUSIONS: The Business Planning and Budget Guidelines provide a framework for planning to meet the needs of the community, and are the foundation of the District's business planning process. Prepared by: Ira Benson, CMA Manager of Corporate Planning & Sustainability Approve Paul Gill, BBA, CGA General Manager, Corpo atq & Financial Services Concurrence: J.L. (Jim) Rule Chief Administrative Officer Attachment: Business Planning Guidebook 14th Edition 2011-2015 BUSINESS PLANNING GUIDEBOOK 14TH EDITION 2011- 2015 District of Maple Ridge May 2010 District of Maple Ridge 11995 Haney Place Maple Ridge, British Columbia V2X 6A9 Canada Tel: 604-463-5221 Fax: 604-467-7329 www.mapleridge.ca Deep Roots Greater Heights 1-able of Contents QuickStart Guide .............. .................. ............................................................................................................ I ChiefAdministrative officer Address ............................ ......................................................................... 2 Introduction from the Business Planning Committee...................................................................................3 FrequentlyAsked Questions....................................................................................................................... 4 Organization Chart..........................................................................................................................................8 Corporate Strategic Alignment - Documents........................................................................ .............9 Business Planning and Budget Guidelines 201:1- 2015........................................................................i.10 GettingStarted..............................................................................................................................................12 Timelines.......................................................................................................................................................13 Helpand Training Schedule.........................................................................................................................14 List of Inclusions and Appendices................................................................................................................15 CorporateStrategic Plan...............................................................................................................................16 Municipal Council's Criteria for Evaluating and Establishing Priorities.....................................................21 Information Technology Steering Committee Evaluation Criteria..............................................................22 CapitalWorks Program Project Proposal.....................................................................................................23 Capital Works Program Information Technology Project Proposal............................................................27 BusinessPlan Sample..................................................................................................................................30 BusinessPlan Template...............................................................................................................................31 BusinessPlan Format...................................................................................................................................34 Quick Start Guide Important Dates Capital and IT Requests: Friday, July 30, 2010 Budget Changes: Monday, September 20, 2010 (No Changes after this Date) Draft Document: Friday, October 1, 2010 (Electronic Copy Only) Final Document: Wednesday, October 20, 2010 (Electronic Copy Only) Presentation to CMT: Wednesday, November 3 - Thursday, November 4, 2010 Presentation to Council: Monday, November 29 - Tuesday, November 30, 2010 *(Subject to Change) Check the Intranet under Business Planning tab For those areas that submitted a business plan last year, only an addendum will be required, although departments may wish to keep the full business plans up to date to make it easier for the next time Council wishes a full version. New service areas are expected to submit a full business plan. Departments must submit one complete copy of their final Business Plan electronically using the correct template and incorporating any revisions the Business Planning Committee may have provided. The Business Planning Committee will photocopy the final document and distribute to staff for insertion into the binders that were distributed in 2008 and updated in 2009 - once again, we will not be editing or formatting them. We ask that your PowerPoint presentation to CMT (and subsequently Council) be consistent with what you have submitted on paper. Photocopies of your PowerPoint presentation are not required. If you require help editing or formatting your Business Plan, please ensure you contact a member of the Business Planning Committee so this can be scheduled in advance of the above -mentioned deadlines. Members of the Information Technology Steering Committee are available to assist departments in developing their Project Proposal Statements for proposed Information Technology projects or acquisitions. Members of the Capital Planning Committee are available to assist departments in developing their Capital Works Program requests. A Financial Plan is an integral part of your Business Plan. Your draft Business Plan submission must include a complete Financial Plan obtained through the process of developing a budget with your Finance department representative. ©Business Planning Guidebook - 14th Edition District of Maple Ridge May 2010 Business Planning Committee District of Maple Ridge Maple Ridge BC CANADA For questions about this document please call Laura Benson at 604-466-4338 This document is also located on the District of Maple Ridge website at www.mapleridge.ca Business Planning Guidebook - May 2010 Page I of 34 Chief Administrative Officer Address Welcome to the 14th Edition of our Business Planning Guidebook. This is our guidebook for the development and use of Business Planning within the District of Maple Ridge. This guidebook explains our Business Planning process, which is simply a structured method of assisting Council with the difficult task of resource allocation. This is an increasingly challenging task in an era of decreased resources from senior governments and the expectations of customers and citizens in a growing community. In previous years, my memo has highlighted several key issues of concern for Council, and staff were encouraged to specifically address these issues in their business plans. Departments will be aware of Council -raised issues that relate to their departments, and should consider these in the development of their Business Plans, respecting the criteria for establishing priorities that are outlined on Page 21, and recognizing that capacity is needed for opportunities or issues that might be discovered throughout the yea r. We strive to enhance our Business Planning process each year. A few months ago, we publicly launched See -It, our visual performance -reporting tool. The tool allows staff and citizens to see how we're doing in various areas, drill down into performance charts, view and listen to multi -media presentations, and download content. It is available 24/7 to everyone and can be used to better understand our business. Our regular practise of holding all budget deliberations in open public meetings will continue to lend transparency to the process. It has been our practice to prepare detailed business plans for Council in the first year of a mandate and in the two subsequent years, provide addendums highlighting the changes to the base Business Plans. We will continue with this process and will make the written material available to Council at least two weeks in advance of the deliberations. My thanks to the Business Planning Committee for their efforts in making this system work so well within our organization. Jim (J.L.) Rule Chief Administrative Officer Business Planning Guidebook - May 2010 Page 2 of 34 Introduction from the Business Planning Committee We have been using a Business Planning framework in Maple Ridge for many years. The Business Plans that we produce are of a very high quality and reflect our commitment to excellence in service delivery. This does not mean that there is not room for improvement and that is why each year, we review the framework and look at those areas that we could build upon. Here are some of the key things to note for this planning cycle: 1. Only an addendum will be required by all departments (see Template on Page 31). The example included on Page 30 is from the Corporate & Financial Services Division (2009). It demonstrates very clearly the sections outlined in the Business Plan Template, however every department is unique and will need to adapt the template to fit their specific service areas. 2. Council's criteria for establishing priorities are specified on Page 21. 3. Performance measurement data will be published in the Annual Report and online in See -It. 4. As in previous years, Business Plan presentations to Council will be done at meetings open to the public. 5. All new Capital requests must be submitted using the Capital Works Program - Project Proposal (Example on Page 23). If you are requesting Information Technology projects you must also complete the Capital Works Program Information Technology Project Proposal (Example on Page 27), to assist in the project evaluation process (Page 22). These templates are available on the Intranet under the Business Planning tab. Submissions are required no later than Friday, July 30, 2010 (Information Technology Project submissions to John Bastaja; all other Capital Project submissions to Trevor Thompson.) 6. Each departmental Business Plan should reference Capital and Information Technology requests in your area and make sure that the projects are fully costed (operating and replacement costs, one-time setup, training, etc.). 7. Draft copy (electronic copy only) of Business Plan due to the Business Planning Committee by Friday, October 1, 2010. 8. Final copy (electronic copy only) of Business Plan due to the Business Planning Committee by Wednesday, October 20, 2010. Manager of Sustainability & Corporate Planning Tel: 604-466-4338 Ibenson@mapleridge.ca _sue Business Planning Guidebook - May 2010 Page 3 of 34 Frequently Asked Questions 1. What are Business Plans? Business Plans are a way of communicating your department's alignment to the overall corporate strategic plan. They report on the achievement levels in the organization and identify: • Goals and objectives to be achieved by the department and the organization • The core businesses essential to departments and to the organization • How the department will distribute resources (human and financial) • Key performance measures to be achieved in departments and the organization 2. Why does the District of Maple Ridge complete Business Plans? Business Plans provide a framework for decision -making by identifying areas for performance review, amalgamation, dissolution, change, and alternative service delivery. Business Plans allow our organization to be financially self-sufficient. 3. How do Business Plans fit with other corporate plans? Essentially, the Corporate Strategic Plan sets the direction of the Business Plans and all other organizational plans. Business Plans will identify specific people responsible for ensuring the goals of the service area/department are met and this will be reflected in individual performance plans. The ultimate goal is to develop a self -managed organization where everything we do is a cycle of continuous improvement (Page 16, Strategic Corporate Alignment - Documents). 4. When are Business Plans typically done? Departments usually begin working on their plans in June and must submit them by the beginning of October. 5. Who completes Business Plans? Currently, each service area completes a Business Plan. Council also requests Business Plans from organizations that the District of Maple Ridge supports (e.g. Ridge Meadows Recycling). In the future, Council may wish to expand this system to include community groups, Committees, and all organizations that receive financial support from the District. 6. How are decisions made regarding incremental and reduction packages? Council decides whether incremental and reduction packages are accepted or rejected. The criteria that Council will use are outlined on Page 21. The steps in the overall process follow: i. Business Plans or Addendums are submitted to the Business Planning Committee to ensure they meet the basic guidelines outlined in this document. The Information Technology Steering Committee (ITSC) will meet to review and discuss all Information Technology Capital Works Program Project Proposal Statements submitted for the year, and review previous year's submissions. The ITSC will prepare and present its own Business Plan on corporate Information Technology priorities, which may, or may not, include proposed Capital Works Program Project Proposal Statements., Departments will be advised if your project is supported. Should a project not be considered for support at the ITSC, departments can still present the increment business case for the project to CMT and Council during their Business Plan presentation. Projects not supported by the ITSC for the current year are still considered in the Capital Program in future years. Once a project receives support from the ITSC, and is supported with appropriate funding, the project proponent will need to develop a detailed business case using the Project Charter outline available on the Intranet. Business Planning Guidebook - May 2010 Page 4 of 34 iii. The Business Planning Committee submits the Business Plans to the Corporate Management Team (CMT) for review and departments present their plans to CMT. CMT discusses the Business Plans, the incremental packages, and the reduction packages and makes decisions on which packages they will recommend to Council (and which packages will not be recommended to Council). These decisions are based on ensuring that the expenditures projected within the Business Plans do not exceed the resources available and meet the guidelines of Council (Page 10). NOTE: It is important that Council receive the departmental business plans in their entirety, together with CMT's recommendations of which enhancements they support and which they do not. iv. CMT submits the Business Plans and recommended packages to Council for public review and the individual departments present their Business Plans to Council. Council discusses the Business Plans and all incremental and reduction packages and makes decisions on whether or not each package will be included in the final Business Plans and budgets. v. Council will be able to review our progress in relation to our Business Plan in several ways: They will receive quarterly reports highlighting key achievements. We will review our financial performance at least quarterly so that adjustments can be made to reflect changing circumstances. Performance measures will be published in the Annual Report. 7. How do I handle my Capital Program Requests? The first step is to make a determination of whether your project request is "Capital" or "Operating?" Generally, if you are buying an asset, or extending the life of an existing asset, that will be around for several years, it is Capital. If you are doing general maintenance or buying something "consumable" that will only last a couple of years, it is Operating. Both types of expenditures can be funded from general revenue, or other sources of funding. The general direction in Section 486 of the Local Government Act is: Capital Works • Expenditures for or in respect of capital projects and land, machinery or equipment necessary for capital projects and extension or renewal of existing capital works • Results in an new or expanded infrastructure and/or added corporate asset value Generally speaking, project represents a one-time project Operating Items • Expenditures for or in respect of the maintenance (repair and rehabilitation) and operation of existing infrastructure (land, machinery, equipment, services and facilities) • Generally speaking, activity represents an annual expenditure for ongoing operational support Often, a Capital expenditure gives rise to an annual Operating cost. For example, purchasing a park (Capital) would give rise to additional labour and other maintenance costs (Operating) that would need to be built into the base operating budget. Similarly, the purchase of new computer equipment (Capital) would also require an annual transfer to the Equipment Replacement Reserve (operating) so the equipment can be replaced in the future. Therefore, it is essential that all incremental packages for Capital items properly identify all resulting annual Operating costs that will occur. The Capital Works Program Project Proposal Template is available on the Intranet under the Business Planning tab. This should be submitted to Trevor Thompson, and an incremental package for Capital and for associated Operating Costs should accompany the departmental Business Plan for submission to the Business Planning Committee. Business Planning Guidebook - May 2010 Page 5 of 34 Reporting of Capital Project • CMT endorses a Capital Works project -reporting framework incorporating six guideline principles. As a result, departments are asked to report Capital project progress as part of the departmental quarterly reporting schedule. Information regarding the topic is presented in a report entitled "Reporting - A Component of a Capital Management Process." The report and the reporting template developed for departmental use are available on the Intranet under the Business Planning tab. 8. How do I handle my Information Technology Requests? Information technology projects are the technology component of the Capital Works Program and are handled like any other capital project request. If your department is in need of new software or hardware greater than $5,000 in value, the request should be included as an incremental package in the Business Plan (as outlined in Section i'). A Capital Works Program - Project Proposal must be filled out (Example on Page 23). If you are requesting Technology projects you must also complete the Capital Works Program Information Technology Project Proposal (Example on Page 27), to assist in the project evaluation process (Page 22). These must both be sent to John Bastaja for the Capital Planning Committee to provide a comparison of corporate needs and evaluation against other Information Technology budget priorities. The template for project preparation is available on the Intranet under the Business Planning tab. 9. How do we know if we are doing it right? On a quarterly basis, each service area must provide updated performance indicators to Council. The intent of these indicators is to measure the effectiveness and efficiency of local government services on a regular basis. In addition, these indicators provide a quantitative basis to assist in the identification and implementation of service delivery improvements. The quarterly reports will also report on financial performance in relation to budget. In addition, annual performance measures will be published in our Annual Report. When you begin to see positive change in ,your department, resulting from ideas put forth in the Business Plans you will know you are "doing it right." Positive change includes more efficient and more effective ways of doing business - it means your customers are telling you that you are doing a good job and they are pleased with the service they receive -- they say thank you. One of the means to assess citizen satisfaction that has been introduced as part of Business Planning is the use of a comprehensive survey that is proposed to be undertaken every three years. Further, positive change means your employees enjoy their jobs, take pride in the quality of their work, and feel like they are contributing to the vision of the organization. Finally, positive change means you can measure the improvement in your service levels and it is getting better! 10. What is the role of the Business Planning Committee? The Business Planning Committee provides advice on the Business Plan process. In addition, the Committee assists in providing training and assistance with the preparation of Business Plans within the organization. 11. What is the role of the Information Technology Steering Committee? The ITSC evaluates each proposed Information Technology project submitted by departments based upon approved Information Technology assessment criteria, the degree to which each proposal meets the business objectives of the Municipality and budget constraints. 12. What is the role of the Capital Planning Committee? A Capital Program Planning Committee has been created and the capital program administration has been assigned to the Finance department. The role of the Committee is to evaluate capital requests and to recommend a capital program taking into account the corporate needs and fiscal constraints. Business Planning Guidebook - May 2010 Page 6 of 34 13. Who are the Finance Department representatives? Administration I Trevor Thompson and Susie Hillier CDPR - Admin, Recreation & Community Services I Shannon Laxton and Susie Hillier CDPR - Parks & Facilities CK Lee Corporate & Financial Services Trevor Thompson, G'Ann Rygg, and Ashley Hilleren Public Works & Development Services Trevor Thompson and CK Lee Capital Works Program Shannon Laxton and CK Lee Business Planning Guidebook - May 2010 Page 7 of 34 Organization Chart RCMP I DMcer rn Charge Dave Walsh L._._._._._._- Business Planning Guidebook - May 2010 Page 8 of 34 Corporate Strategic Alignment - Documents The District of Maple Ridge employs the equivalent of more than 450 full-time employees and manages a total annual budget of approximately $100 million. Council directs the overall operation of the organization using a Business Planning framework. This chart illustrates the relationship of the various strategic planning initiatives to the corporate Business Planning process. Citizens and Customers Council 4 Community Groups Greater Vancouver Regional District Consultation Mission, Vision and Values Corporate Strategic Documents: Official Community Plan Corporate Strategic Plan Parks, Rec & Cultural Master Plan Corporate Focus Areas Economic Development Strategy Budget Guidelines Infrastructure Master Plans Top Performing Transportation Master Plan Municipality Initiative Strategic Technology Plan Human Resource Plan Fire Master Plan Department Corporate Business Plan Police Master Plan Business Plans & Performance Measures Policy Manual Financial Sustainability Plan Five-year Financial Plan Reserve Funds (Operating/Capital Budgets) Capital Funds Life Cycle Reserves Service Evaluation Development Cost Charges SWOT Analysis Goals & Objectives Corporate Alignment FIndividual (Annual) Strategic Human Resource Training Performance Measures Performance Plans Succession Plan Business Planning Guidebook - May 2010 Page 9 of 34 Business Planning and Budget Guidelines 2011- 2015 1. Tax increase for general purposes - 3% each year for 2011 - 2015. 2. Tax increase for capital works and infrastructure - 1% per year. 3. Review Class 4 (Major Industry) property tax rate to ensure we are competitive with other lower mainland municipalities. 4. Utility Charges to be reviewed annually with a view towards using rate stabilization practices to smooth out large fluctuations in rates; consider impact of storm water utility. 5. Fire Service Improvement Levy to generate an additional $700,000 additional funding in each of 2011 and 2012; Rate of increase to be reduced by 50% in 2013 and inflationary increases beginning in 2014. 6. Budgets include operating and capital components for a five-year period. 7. Public Consultation Plan developed and operationalized. 8. Increase revenue from existing sources by about 5%. 9. Identify potential new revenue sources (i.e. be creative). 10. Evaluation of services to ensure alignment with Council direction. 11. Identify and measure outputs/outcomes. Identify key processes to undergo process improvement reviews. 12. Council -raised issues are to be considered in developing workplans, respecting the criteria for establishing priorities that are outlined on Page 21, and recognizing that capacity is needed for opportunities or issues that might be discovered throughout the year. 13. Reduction packages should be at -10% (limit small packages and multiples to get to -10%). What would you recommend be kept if you had only 90% of your budget? This should not be interpreted to mean that we are looking to reduce our budget by 10%. Rather, this is an opportunity for us to explain what the ramifications of such reductions would be. In addition, it is a chance for us to look at what we are doing to see if there are ways to improve. 14. Incremental packages must include a business case to support new programs/projects/staff. 15. Organizational/structural change - is the current organization adequate to deliver the service? Are there better options? Contract for services, or bring services in-house, where and when it makes sense organizationally and financially. 16. Succession planning - review organization charts in relation to service delivery with a view to long- term planning. What positions do you see as potentially becoming vacant by retirement and what organizational options may be available as a result? 17. Vacant position review and management - all positions that become vacant are subject to a detailed review prior to being refilled. Cont'd next page 4� Business Planning Guidebook - May 2010 Page 10 of 34 Business Planning and Budget Guidelines 2011- 2015 cont'd 18. Contracting/Consulting review -- all consulting work should undergo a review at not only budget time, but also when services are being contracted to determine the best way to acquire services. This will involve potentially contracting out where it makes sense and contracting in where there are available staff resources. 19. Quarterly performance reports are to be presented to Council at open Council meetings. Performance measures will be published in the Annual Report. 20. Progress in relation to our strategic direction is to be evaluated every six months. 21. The Financial Plan must be in accordance with Council's strategic Financial Sustainability Plan policies approved in October 2004. 22. Technology - review business applications and technology tools to identify upgrade or obsolescence issues. Ensure workplans, budgets, and Information Services workplans/projects reflect the resources necessary to support the changes if required. 23. Workplans will identify short-term, medium, and longer -term action items that Council can consider, as we work towards carbon neutrality. Business Planning Guidebook - May 2010 Page 11 of 34 Getting Started Questions to ask yourself when starting your Business Plan: What are the outcomes of expenditures? --> Establish what is accomplished in budget unit area Who are the customers of your services? 4 Internal customers? External customers? How is the service/program consistent with Council's goals? 4 Align your services/programs with the Corporate Strategic Plan What are the strengths/weaknesses/opportunities/threats impacting your service/program? 4 Discuss each strength, weakness, opportunity, and threat to your services/programs How to measure the results of your service/program? 4 Are there performance measures in place - if not, why not? Develop performance measures. A flowchart illustrates a series of questions to use in the development of individual Business Plans: Is this program consistent with Delete program and reduce budget Council's goals? N� accordingly. Yes Is the service provided by others? Consider deletion of program or explain (e.g. public/not-for-profit/private) Ye why we are involved. No F-c.(.the service be provided by others? Yes 0 i xplore opportunities..g. public/not-for-profit/private) (costs/benefits) No Can more revenue be generated? (e.g. user fees/licences) s IN Incorporate increases into Are there new programs Ye business plan/budget. that generate revenue? No Is a permanent or temporary Y® bp Lacorporate into business plardbudget. service level reduction possible? No Maintain current budget - Business Planning Guidebook — May 2010 Page 12 of 34 Timelines Timing of the development of the Business Plans remains very important. The timelines for the creation and presentation of the Business Plans for the next reporting period (2011 - 2015) are as follows: February 2010 Complete staff debriefing sessions for previous year's business plan May 2010 1 Council workshop to review Corporate Strategic Plan and consider Business 1 Planning Guidelines for the ensuing planning period - Distribute "Business Planning Guidebook - 14th Edition." (Corporate Strategic Plan and Business Planning and Budget Guidelines for 2011 - 2015) June 2010 - Training Sessions (see Page 14) Ongoing • Begin to develop Business Plans (operating and capital) and financial plan (budget) July 2010 Finance to distribute copies of 5-year operating and capital budgets August 2010 - Submit Capital Works Program proposals to Trevor Thompson by Friday, July 30, 2010 • Submit Information Technology proposals to John Bastaja by Friday, July 30, 2010 September 2010 Continue to develop Business Plans (operating and capital) and financial plan (budget) • Advertisements (newspaper and website) requesting public comments on financial plans - Submit Financial Plan (Budget) to Finance representative by Monday, September 20, 2010 October 2010 Submit draft Business Plan (one copy) to Business Planning Committee by Friday, October 1, 2010 • Submit final Business Plan (one copy) to Business Planning Committee by Wednesday, October 20, 2010 November 2010 Departmental Business Plan and Budget presentations to CMT from Wednesday, November 3, 2010 to Thursday, November 4, 2010 • CMT reviews Business Plans; makes preliminary recommendations; and, gives feedback to departments (second week of November) • Advertisements of Council financial plan consideration schedule, which includes time set aside for public input December 2010 Departmental Business Plan and Budget presentations to Council in a public forum from Monday, November 29, 2010 to Tuesday, November 30, 2010 • Council reviews Business and Financial Plans and makes appropriate amendments • Council adoption of Financial Plan Bylaw Business Planning Guidebook - May 2010 Page 13 of 34 Help and Training Schedule To support the Business Planning process, training for employees and users of the system remains an important issue and is available at any time upon request. April 2010 Jim Rule Business Planning Guidebook - 14th Edition! and Kick-off new Business Planning guidelines for 2011 - 2015 General Introduction to Business Planning at the District of Maple Ridge Managers What is new for 2011 - 2015? Review changes from last year. • Reminders to make the process as smooth as possible On Request Business Business Planning Training Sessions Planning J Committee On Request Capital Capital Works Training Sessions Planning Committee On Request Information Information Technology Training Sessions Technology Steering Committee The Business Planning Committee is an internal, cross -departmental advisory Committee that offers facilitation, review of drafts, editing, consultation, and planning. The members of the Business Planning Committee are available for advice and help to departments during the development of the Business Plans. In addition, the Business Planning Committee is responsible for conducting process improvement reviews and establishing performance measures/indicators. Business Planning Committee Members (at April 30, 2010): Laura Benson, Chair Paul Gill, Co -Chair Ernie Daykin Al Hogarth Linda King Jim Rule Mike Murray Frank Quinn John Leeburn Cindy Dale Wayne Hardy Trevor Thompson Diana Dalton Jennifer Csikoss The Information Technology Steering Committee is an internal, cross -departmental Committee that evaluates each proposed Information Technology project submitted by departments based upon approved Information Technology assessment criteria, the degree to which each proposal meets the business objectives of the Municipality and budget constraints. Information Technology Steering Committee Members: John Bastaja, Chair Paul Gill Mike Murray Frank Quinn Catherine Nolan Brock McDonald Jane Pickering Chris Crabtree David Stevenson Diane Chamberlain Don Cramb Kathy Gormley Kelly Swift Peter Grootenclorst I Victor Negoita The Capital Planning Committee is an internal, cross -departmental Committee that evaluates capital requests and recommends a capital program taking into account the corporate needs and fiscal constraints. Capital Planning Committee Members: Trevor Thompson, Chair C.K. Lee, Co -Chair John Bastaja David Boag Russ Carmichael Andrew Wood Dane Spence Wilson Liu Business Planning Guidebook - May 2010 Page 14 of 34 List of Inclusions and Appendices Corporate Strategic Plan (Page 16) This document was reviewed and confirmed in May 2010. The Corporate Strategic Plan sets the direction for the organization and therefore, all Business Plans must align with this plan. Municipal Council's Criteria for Evaluating and Establishing Priorities (Page 21) The decision to accept or reject incremental packages and for setting workplan priorities is the responsibility of Municipal Council. Information Technology Steering Committee Evaluation Criteria (Page 22) Supported projects are prioritized and inserted into the Capital Program for funding consideration. Capital Works Program Project Proposal Statement (Page 23) Use in the preparation of Capital Works Projects for inclusion in the Capital Works Program. Capital Works Program Information Technology Project Proposal Statement (Page 27) Use in the preparation of Technology Projects for inclusion in the Capital Works Program. Business Plan Sample - Corporate & Financial Services (Page 30) A sample business plan is included for guidance. Business Plan Template (Page 31) We ask that all departments submit only addendums of their 2011 - 2015 business plans this year. A template is available on the intranet under Business Planning. Business Plan Format (Page 34) Follow the guidelines to complete your Business Plan. Business Planning Guidebook - May 2010 Page 15 of 34 Corporate Strategic Plan MISSION A safe, livable and sustainable community for our present and future citizens. VISION 2025 The District of Maple Ridge is among the most sustainable communities in the world. As a community committed to working toward achieving carbon neutrality, residents experience the value of a strong and vibrant local economy and the benefits of an ongoing commitment to environmental stewardship and creation of stable and special neighbourhoods. Maple Ridge is a world -leading example of thoughtful development and a socially cohesive community, especially as it relates to the use of leading edge "environmental technologies," social networks and economic development. Other municipalities consistently reference the District of Maple Ridge for its innovative approaches to dealing with seemingly intractable challenges. VALUE STATEMENTS Leadership To encourage innovation, creativity, and initiative. Service To be fair, friendly, and helpful. Reputation To stress excellence, integrity, accountability, and honesty. Human Resources To recognize that our people are our most valuable resource. Community To respect and promote our community. Stewardship To consider the long-term consequences of actions, think broadly across issues, disciplines and boundaries and act accordingly. STRATEGIC FOCUS AREAS • Environment • Transportation • Smart Managed Growth • Safe and Livable Community • Financial Management • Governance • Community Relations • Inter -government Relations/Networks • Economic Development Environment Vision 2025 Maple Ridge continues to lead the nation in preserving and enhancing its community's quality of life, air, water and land. The District, long a front-runner in the protection of environmentally sensitive areas, is one of the first municipalities to promote green -building and innovative technologies in residential and commercial construction and infrastructure. The District has won a number of awards for its practices relating to energy use in civic buildings and the municipal fleet and its support of community waste reduction activities. Key Strategies • Continue to promote individual, business and community responsibility for the stewardship of natural resources • Identify and devise effective protective mechanisms for environmental features (such as watercourses) and areas that require special recognition and management • In partnership with other levels of government, adjacent municipalities, First Nations and community groups, develop programs and projects to preserve and enhance the natural assets of Maple Ridge Business Planning Guidebook - May 2010 Page 16 of 34 • Set targets for the purchase and installation of renewable energy sources and establish energy efficiency goals for facilities, infrastructure, operations and fleet • Lobby senior levels of government to change codes and regulations to promote or require the use of "green" and innovative technology Transportation Vision 2025 Maple Ridge has been able to accommodate tremendous population and economic growth by planning growth around multi -modal transportation routes. The District works very closely with the regional transportation authority to ensure that employment centres as well as neighbourhoods accepting increased density or new medium density neighbourhoods would be well served by public transit and a rapid transit metro line. In addition, a third east -west route through the community was added to assist with commercial and private vehicle traffic and all -day, two-way commuter rail service is now a reality. The downtown area is an excellent example of creating a pedestrian friendly environment that enables citizens and visitors to easily explore the uptown shops and services before taking a casual stroll down to the riverfront promenade. Key Strategies • Maintain and enhance a multi -modal transportation system within Maple Ridge to provide citizens with safe, efficient alternatives for the movement of individuals and goods • Promote alternative modes (pedestrian, bike, public transit) of travel to reduce reliance on the automobile • Continue to improve the walk -ability of the downtown, ensuring it is pedestrian friendly and accessible, particularly for those with impaired mobility • In co-operation with other regional stakeholders, identify improvements to the inter -municipal transportation system within the Lower Mainland and the Fraser Valley Smart Managed Growth Vision 2025 Maple Ridge has risen to the challenge of accepting growth while at the same time protecting the quality of life and diversity of residential options that is so important to citizens. By densifying many neighbourhoods, the District has maintained the rural character and small-town feel of the community. Specific neighbourhood plans supported by design guidelines and attention to the natural landscape were keys to retaining the character of neighbourhoods that experienced in -fill. A vibrant, pedestrian - friendly, accessible downtown is the heart and gathering place for the community. Shopping, educational facilities and utility infrastructure were developed concurrent with the new or densified neighbourhoods. Key Strategies • Develop land use management and development processes that are clear, timely, open, inclusive and consultative • Use the Official Community Plan and the District's Corporate Strategic Plan to ensure growth is well - managed and balances the three pillars of sustainability (social, economic and environment) thereby enhancing the unique quality of life in Maple Ridge • Develop land use regulations, bylaws, procedures, and practices to implement the Official Community Plan and all other Strategic and Master Plans thereby providing clear interpretation of the District's direction, goals and objectives • Manage existing municipal infrastructure through the preparation of appropriate plans to ensure development, maintenance and renewal of parks and open spaces; roads; sidewalks; water; sewer and stormwater systems; public buildings as well as data and communications technology • Encourage the use of adaptive technologies in new construction so that buildings are flexible to changing needs and demographics • Explore the introduction of innovative new infrastructure and technology (such as fibre optics, geo- thermal power and energy from sewer systems) Business Planning Guidebook - May 2010 Page 17 of 34 Safe and Livable Community Vision 2025 A community development model is at the heart of the District's success in meeting the safety, security and social needs of the citizenry. By networking with other levels of government, the RCMP, the School Board, community agencies and business groups and by capacity building with not -for -profits and neighbourhood groups all Maple Ridge residents have their basic health, safety, shelter, food and income needs met, have access to community services to assist them in achieving their full potential, are able to actively participate in civic processes; and can contribute to establishing an exceptionally strong community. Key Strategies • Strive for enhanced service levels, quality of life and independence by citizens and community organizations in the delivery of leisure services and other municipal services through community development • Develop and implement preventative as well as reactionary plans to address the impacts of emerging social issues on the local community and citizens through social planning and collaboration with other levels of government and local service providers • Work closely with the School Board, Health Authority, Regional Library, other levels of government and other agencies to encourage the adequate provision of public services that are not the responsibility of local government • Establish an emergency response and recovery plan in consultation with other public sector agencies, community groups, and other relevant stakeholders • Establish neighbourhood and community education programs to provide citizens with information and materials on emergency planning procedures • Ensure development standards incorporate sustainability, crime prevention, safety and security concepts • Develop preventative as opposed to remediation initiatives in the delivery of fire and police services • Ensure that quality emergency services are delivered in a timely, effective and efficient manner through the development of multi -year Business Plans, which include detailed, sustainable multi -year financial plans • Continue with the implementation of the Police and Fire Master Plans • Provide a variety of parks, trails, open spaces and gathering places • Recognize and support the important contribution of volunteers in the community • Encourage active and healthy living among citizens through the provision of a variety of exceptional recreational, educational and social activities • Preserve and enhance heritage resources to provide citizens with the historic context of the community • Encourage citizens and the community to develop their creative potential and a strong sense of community through the provision of excellent arts and cultural opportunities, special events, educational and social activities Financial Management Vision 2025 The District's award -winning financial, investment, purchasing and human resources policies and practices are tightly aligned with and contribute to the District's continued vision of sustainability Key Strategies • Construct financial plans and business plans in accordance with the adopted Financial Sustainability Policies • Develop multi -year financial plans that not only address immediate needs but also address the longer -term sustainability of our community • Use a formal, business planning framework as a means to structure decision -making and publicly reporting our performance Business Planning Guidebook - May 2010 Page 18 of 34 • Identify methods to expand the tax base and generate non -tax revenue • Continue to use a user -pay philosophy • Review policies and processes to ensure they are consistent with the corporate strategic direction and external influences • Provide high quality municipal services to our citizens and customers in a cost effective, efficient and timely manner Governance Vision 2025 Maple Ridge is a leader in voter turnout for Municipal Elections as more than half of those eligible to vote, exercise that right. Elected officials and District staff continue to confidently lead the community on its journey to achieving its vision. Meaningful engagement of staff, stakeholders and citizens ensures quality decision- making. Politicians and staff model the District's values and consistently deliver on the commitments, goals and objectives stated in the Strategic Plan and Business Plans. Key Strategies • Conduct our business in a manner that upholds and enhances the public's trust • Function as an open government with the greatest possible access by citizens to information and opportunity for engagement in decision -making processes • Demonstrate leadership in applying and promoting the principles of sustainability recognizing that each individual decision may not be optimal for all pillars of sustainability Community Relations Vision 2025 Maple Ridge residents and business owners report very high levels of satisfaction with the District's efforts to keep citizens informed of municipal plans and projects and to ensure citizens are aware of when and how they can participate in civic processes. Key Strategies • Provide a continuum of opportunities that encourage and enable citizen participation in local government and local government decision -making. • Develop methods to communicate on a timely basis with citizens and community groups • Survey citizens to obtain their views on the community and their satisfaction with District services • Provide information about and actively promote the actions individual citizens and businesses can take to augment the District's sustainability efforts • Provide opportunities through events and festivals for growing our citizens' sense of community Inter -Government Relations/Networks Vision 2025 The District receives outstanding levels of support and cooperation from senior levels of government, crown agencies, the regional district, the school district, our municipal neighbours, First Nations, community groups and corporate Canada because of the strong, positive working relationships, at both the political and staff level, that have been established and nourished over the years Business Planning Guidebook - May 2010 Page 19 of 34 Key Strategies • Develop and maintain strong, positive working relationships with our adjacent neighbours, the municipalities of Pitt Meadows and Mission; the Katzie and Kwantlen First Nations; our fellow members of the Greater Vancouver Regional District and the Fraser Valley Regional District • Enhance relationships with provincial and federal employees and politicians to further the legitimate interests of the District • Continue to leverage our voice and enhance our relationships with the Union of British Columbia Municipalities, the Federation of Canadian Municipalities and the Lower Mainland Local Government Association identify and promote the use of partnerships and networks with public agencies; crown corporations; business; not -for -profit; community groups; and, volunteers to provide local government and community services in a cost-efficient, effective and timely manner Economic Development Vision 2025 Maple Ridge made the transition from dormitory suburb to employment magnet by carefully targeting businesses that fit within the context of the District's many neighbourhoods. Commercial ventures were encouraged in the accessible, pedestrian -friendly downtown and at nodes along major roads; agricultural activities were enabled in the District's famed rural areas; home -based businesses were encouraged and clean industry was attracted to existing and new business parks created near key transportation junctions and neighbourhoods. The District enjoys the many benefits of having the majority of its residents work in the community in which they live. Key Strategies • Use a formal economic development strategy, grounded in the principles of sustainability as a means to structure a positive business and investment climate • Support the retention and expansion of existing local businesses that add to the quality of life in Maple Ridge • Identify, in consultation with community stakeholders, specific new investment and employment opportunities • Build a sustainable community that includes a balance of land use types • Develop an efficient, customer -service oriented approach to the delivery of municipal services that is timely, cost effective, friendly and efficient • Develop and maintain high quality community documentation and promotional material to attract investment and employment • Preserve natural assets that could positively contribute to economic development • Enhance the trail systems so that they can be used to enhance economic development Business Planning Guidebook - May 2010 Page 20 of 34 Municipal Council's Criteria for Evaluating and Establishing Priorities The decision to accept or reject incremental packages and for setting workplan priorities is the responsibility of Municipal Council. In making such decisions, Council will consider the following criteria: Public Health and Safety 4 Are there health and safety risks? If so, what are they? Legislative Requirement 4 Is the change required for legislative reasons? Operating Impact of Previous Decisions 4 Does this issue flow from a previous Council decision? If not, what are our options? Council Priority 4 Is the program in alignment with Council's strategic direction? Community Impact 4 Is a large segment of our community affected? Financial 4 How much is our investment? Can it be sustained? Are there opportunities to leverage other investments? Staffing 4 Do we have the time, skills, and resources necessary? 1f not, are they available and at what cost? Chance of Success 4 What is the likelihood of success? Business Planning Guidebook - May 2010 Page 21 of 34 Information Technology Steering Committee Evaluation Criteria The ITSC will evaluate each proposed Information Technology project submitted by departments based upon approved Information Technology assessment criteria, the degree to which each proposal meets the business objectives of the Municipality and budget constraints. Supported projects are prioritized and inserted into the Capital Program for funding consideration. The evaluation criteria include: Strategic Alignment When evaluating the strategic alignment of an Information Technology initiative, the following questions should be asked: 1. Does the initiative support the District's Business Strategy and/or the Information Technology Strategic Plan? 2. Does the initiative support departmental initiatives or plans? 3. Does the initiative support agree to management performance objectives? 4. Does the initiative support legislated objectives? 5. Does the initiative support services, processes or systems related to baseline District services? A ranking should be provided for the initiative based on its Strategic Alignment. Tangible Benefits When evaluating the tangible benefits of an Information Technology initiative, the following questions should be asked: 1. How much does the initiative increase revenues or improves cash flows? 2. How much does the initiative decrease expenses? 3. How much does the initiative avoid future costs? Do costs increase more slowly than revenues, volumes or activity levels in the future? 4. What is the anticipated level of productivity improvements related to the use of the District's human resources? 5. Is there an opportunity to generate revenue or consider sponsorship opportunities? A ranking should be provided for the initiative based on its Tangible Benefits. Intangible Benefits When evaluating the intangible benefits of an Information Technology initiative, the following questions should be asked: 1. How much does the initiative improve customer satisfaction? 2. How much does the initiative improve staff morale? 3. How much does the initiative improve the District's business decisions? 4. How much does the initiative improve the District's service levels? 5. How much does the initiative improve the District's internal and external image in terms of political or real payback? A ranking should be provided for the initiative based on its Intangible Benefits. Risk When evaluating the risk of an Information Technology initiative, the following questions should be asked: 1. What is the probability that the anticipated benefits will not be realized? 2. What is the level of application risk? Has the technology been used for this specific application before? 3. What is the level of technology risk? Is the technology new and/or unproven? 4. What is the level of organizational change risk? Is the District ready to provide resources both people and funds to implement and operate the technology solution? 5. Has the replacement value of hardware/software and/or potential operating costs within the project definition been considered? A ranking should be provided for the initiative based on its Risk. Business Planning Guidebook - May 2010 Page 22 of 34 Capital Works Program Project Proposal CAPITAL WORKS PROPOSAL A. SUMMARY Al. PROJECT NAME A2. DATE SUBMITTED A3. DESCRIPTION A4. DESIRED START A5. ESTIMATED COST (ENTER MULTIPLE YEARS FOR PROGRAMS) A6. PRIMARY PROJECT TYPE sY?�7 ; t: AS. LOCATION All. PROJECT MANAGER 2010 201. i 2C.12 20-13 A7. SECONDARY TYPE (IE WATER AND SEWER) €vpc T .. A9. FROM A10. TO Al2. DEPARTMENTAL OWNERSHIP A13. CAPITAL PLANNING REP B. ALLOCATION AREA Bl. REQUIRED IF DCC FUNDING IS USED! DO YOU KNOW WHICH AREA(S) YOUR PROJECT WILL IMPACT? y B2. AREA 1 2 3 4 133. SUBAREA B4. % ALLOCATION TOTAL C. FUNDING SOURCES PLEASE SEE FUNDING SECTION IF DCC FUNDING IS USED Cl. TRANSFER FUND C2. TFR FUND ID C3. $ VALUE C4. % VALUE 1 2 3 4 5 TOTAL Business Planning Guidebook - May 2010 Page 23 of 34 D. JUSTIFICATION D1. BRIEFLY DESCRIBE WHY THIS PROJECT IS NECESSARY D2. DESIRED START D3. IS PROJECT DEPENDENT ON THE COMPLETION OF AN EXISTING PROJECT? D4. ALTERNATIVES D6. CONSEQUENCES OF NOT PROCEEDING D8. PROJECT'S RELIANCE/IMPACT ON OTHER DEPARTMENTS D9. PROJECT'S IMPACT ON SUSTAINABILITY/ENVIRONMENT E. CAPITAL OR... El. DOES PROJECT PRODUCE ASSET(S)? D5. LATEST POSSIBLE START D7. DETAILED DOC AVAIL? F. OPERATING? Fl. IS PROJECT A STUDY/ASSESS./SPECIAL PROJECT? J DON'T KNOB! ;7i;L'? ASSES_,. E2, IDENTIFY ASSET(S) AS SPECIFICALLY AS POSSIBLE) F2. DESCRIBE IF OTHER I 2 3 F3. ONE TIME OR ONGOING? 4 PAN ' D,"-SIGN vT-HEP. LIFESPAN ' N DONKNOW ' E3. IS THIS ASSET NEW? F4. IF ONGOING - HOW MANY YEARS? N N'10T SURE N/A E4. UPGRADES/ADDS ON TO AN EXISTING ASSET? NOT SURE N/A E5. REPLACES AN EXISTING ASSET? NOT SURE N,A E6. WHAT IS HAPPENING TO THE OLD ASSET? ;, ASSET DISPOSAL FORM COMING SOON E7. OPERATING/MAINTENANCE COSTS/YEAR? YEAR':, FR a -� 1 Business Planning Guidebook - May 2010 Page 24 of 34 G. ALLOCATION RULE G1. SELECT THE ALLOCATION RULE THAT 13EST FITS YOUR PROJECT H. PART OF A PROGRAM I. PROJECT HAS MULTIPLE PHASES H1. NEW OR CONTINUATION OF A PREVIOUS PROGRAM? t. •i - _ E t. ,d H2. GL# OF PREVIOUS PROGRAM H3. LTC# OF PREVIOUS PROGRAM H4. COMMENTS J. DCC FUNDING 31. DCCS ARE FUNDING THIS PROJECT �1C_%.. >_.L3 J2. $ VALUE 33. ADMINISTRATION FEE (at 1%) 34. UNDER WHAT GUIDELINES DOES IT QUALIFY? J5. COMMENTS I1. NEW OR ADDITION TO A PREVIOUS PROJECT? NEVV CONTINUATION I2. GL# OF PROJECT BEING ADDED ON TO 1 I3. LTC# OF PROJECT BEING ADDED ON TO 1 I4. COMMENTS K. EXTERNAL FUNDING K1. IS THERE EXTERNAL FUNDING FOR THIS PROJECT? Y tl DISCUSSI01 NEEDED K2. $ VALUE K3. AGENCY PROVIDING THE FUNDING K4. HAS THIS FUNDING BEEN SECURED? K5. WHO IS RESPONSIBLE FOR SECURING THIS FUNDING? K6. ATTACH AGREEMENTS, CONTRACTS, DOCUMENTS AND BACK/UP RE:FUNDING K7. IF THIS FUNDING DOES NOT HAPPEN, PROJECT WILL... REDUC=-SCOPE ::H>7,N(l EFUNID?N(S fOItd'Ef2NAI.. KS. COMMENTS Business Planning Guidebook - May 2010 Page 25 of 34 L. SUSTAINABILITY CONSIDERATIONS M. OTHER COMMENTS / NOTES Ll. PLEASE COMMENT ON HOW THIS PROJECT ENHANCES THE ENVIRONMENTAL, SOCIAL, AND FINANCIAL SUSTAINABILITY OF THE DISTRICT. (EXPLAIN WHERE YOU HAVE HAD TO TRADE BENEFITS FROM ONE CATEGORY TO ANOTHER). M1. PLEASE PROVIDE ANY OTHER COMMENTS OR NOTES HERE OR ATTACH A DOCUMENT AS AN ICON Business Planning Guidebook - May 2010 Page 26 of 34 Capital Works Program Information Technology Project Proposal Use in the preparation of Capital Works Projects for Information Technology for inclusion in the Capital Works Program. Project Components: For the preparation of waterworks, sewage, drainage, highway, parks acquisition, park improvement, recreational services, government services, information technology, and protective services projects. Summary Information Project Name: Project Component: (see above list) Project Phase ; Study, Pilot, and/or Implementation Project Type: New Application, New Infrastructure, Upgrade or Replace TANGIBLE CAPITAL ASSETS BEING ACQUIRED OR CONSTRUCTED: (please note: each asset should be separately identified) Asset #1 Estimated Useful Life Asset #2 Estimated Useful Life Asset #3 Estimated Useful Life BUDGET ESTIMATES CAPITAL COSTS: Acquisition or Construction Costs Asset #1 $ Estimated Accuracy: Asset #2 $ Estimated Accuracy: Asset #3 $ Estimated Accuracy: ONE TIME PROJECT COSTS: (Items, such as studies, that will be undertaken as part of the overall project, but are not part of the acquisition or construction costs of the asset. These costs will be incorporated into operating budgets, but can be funded from the same sources as acquisition and construction costs). Study Budget $ Estimated Accuracy: ANNUAL OPERATING COSTS: (maintenance costs, annual licensing fees etc) Description Estimated Cost Can these costs be covered off within your existing budget? (If not please complete an incremental request package as part of your business plan) FUNDING SOURCES: (if funding includes monies from outside sources i.e. NTA, ICBC, Province etc., please indicate if the funding request has been approved) Item Funding Source Approval Status (external) Amount Study Asset #1 Asset #2 Submitted By: Date Created: Dept./Business Area: Project Sponsor: Preferred Start Year: Latest Start Year: Business Planning Guidebook - May 2010 Page 27 of 34 Description Purpose, Scope, and Approach Project Benefit/Risk Review The Rating Column will be filled in by the Prioritization Group. Alignment Factor Describe all that apply Description Ratin Project supports District or Information Ttechnology Strategy Project supports departmental Initiatives or Plans Project supports management performance objectives Project supports legislated objectives Project addresses baseline services/processes/systems Total Tangible Benefits Describe the one that applies Description Ratin Large benefits / fast payback Moderate benefits / longer payback Costs = benefits over 3 - 5 years Small net cost of initiative Large net cost of initiative Total Intangible Benefits Describe all that apply Description Rating Improved customer satisfaction Improved staff morale Improved decision making ability/quality/controls Improved service Improved image - Political value or Internal or External Total Risk Factors Describe each risk that applies Description Ratin The benefits may not be realized. Application risk - this may not be a sound initiative. Technology risk - new or unproven technology may not work Organization change risk - we may not be able to implement/ operate successfully. Other Total Business Planning Guidebook - May 2010 Page 28 of 34 Cost Estimate One copy of this table is required for each phase of the project. Modify this Information Technology template as required for other types of Capital Works components. Project Phase Cost Category Description Amount Study, Pilot or Implementation Labour Internal ($350/day) • Information Services $ • Departmental $ • Contractor Regular ($500/day) $ Specialists ($1000/day) $ • Project Management $ Equipment • Software/Supplies Application Licences $ Database $ Other (Specify) $ • Hardware/Equipment Desktop Computers $ Servers $ Network $ Voice $ Other $ Training $ Miscellaneous • Other Office Space $ Travel $ • Contingency $ Phase Total $ First Year Costs First Year Cost Total $ Operating Costs Annual Maintenance $ Annual Upgrades $ Dept Staff Increases $ IS Staff Increases $ Annual Replacement Charges Annual Operating Total $ Project Funding Phase Funding Source Rationale $ Amount or % Study, Pilot or Implementation $ $ Total Funding $ Business Planning Guidebook - May 2010 Page 29 of 34 Business Plan Sample (Only 1 example of each item is shown for space purposes) District of Maple Ridge Corporate & Financial Services - Administration Addendum 2010 - 2014 Highlights of 2009 Accomolishments 2009 Deliverables Proposed in Business Plan Status as of September 30, 2009 Provide report on key 2008 financial performance indicators Complete and published in 2008 Annual Report and on website. Found Milestones • Researched and developed the published budget document, which resulted in the Government Finance Officers Association Distinguished Budget Presentation Award. Projects in Progress • Document management project liaison and divisional representative including training and hands-on assistance. Environmental Scan • Our investment in our people is starting to pay dividends Workplan Highlights - 2010 Deliverables Action I Responsibility Timeline Provide report on key 2009 financial performance indicators I Cindy Dale Ongoing using See_It Operating Budget Proposed Financial Plan 2010 - 2014 Corporate & Financial Services - Administration 2009 2010 Proposed 2011 2012 2013 2014 Adopted Proposed Changes Proposed Proposed Proposed Proposed Account $ % Expenditures Conferences & Meetings $24,590 $24,590 Memberships $10,707 $10,707 Miscellaneous $1,600 $1,600 Salaries $245,902 $177,923 $0 0% $0 0% $0 0% ($67,979) (28%) $24,590 $24,590 $10,707 $10,707 $1,600 $1,600 $247,969 $373,420 $24,590 $24,590 $10,707 $10,707 $1,600 $1,600 $424,097 $495,044 Totals $282,799 $214.820 ($67,979) (24%) $284,866 $410317 $460,994 $531,941 Proposed Changes or Remarks: Salaries: The 2010 variance includes $70,000 in funding that has been distributed as follows: Administration receives $10,000 as one time funding in 2010 to fund an energy efficiency initiative. Incremental Packages - None Capital Budget - None Information Technology Update - None Business Planning Guidebook - May 2010 Page 30 of 34 Business Plan Template (Intranet\Business Planning Tab) District of Maple Ridge Name of Department Business Plan Addendum 2011 - 2015 No Title Page please - use the template found on the intranet under Business Planning Create a two or three page document that will be placed at the front of your Business Planning binder addressing the following: • Highlights of 2010 accomplishments (be sure to highlight gains in efficiency and/or effectiveness) - This section must be in table format and must correspond with your proposed deliverables from last year's plan. This table is available to copy -and -paste from the intranet under Business Planning - Include a percentage complete indicator where work is partially complete, if possible, or an expected completion date • Environmental Scan - What are you customers and data telling you - What challenges and pressures are facing the department - What resources will you require from other departments to achieve your goals • Workplan Highlights, with a focus on key 2011 deliverables • Budget Update - Full Financial Plan plus comments noting the changes from prior year • Capital and Information Technology Packages, if any • Incremental Packages, if any • Reduction Package(s) equating to at least 10% of your last year's budget Business Planning Guidebook - May 2010 Page 31 of 34 Incremental Package Report 2011 Proposed Budget Division: Date: Department: Submitted By: Decision Unit: Package: 2 of ? Activities/Purpose: Functions Performed/Degree of Service: Alternatives Considered/Reasons for Not Recommending Staff Position: Performance Measure: Package: 2011 Bud et Business Planning Guidebook - May 2010 Page 32 of 34 Reduction Package Report >10% Reduction 2011 Proposed Budget Division: Date: Department: Submitted By: Decision Unit: Package: 2 of ? Budget Reduction for Consideration: Consequences of Package: Staff Position: Package: 2011 Budget Business Planning Guidebook - May 2010 Page 33 of 34 Business Plan Format Format: • Please adhere to the format outlined iin the template/sample provided Please do NOT include a title page Use the Microsoft Word template on the intranet under Business Planning, documents • When taking text from another document to the Business Plan please use "PASTE SPECIAL." • Use "HEADING ROWS REPEAT" for all tables, DO NOT break tables manually. • Use Franklin Gothic Book Font in 11 point • Page set-up is mirror margins, Top .75 -- Bottom .75 — Outside .75 — Inside 1 • No landscape (sideways) pages • Footer to contain division and department name in addition to page numbers • Decision and Reduction packages to be numbered starting at 2 of ■ Final copies for submission are to be two-sided Please respect the deadlines. Business Planning Guidebook - May 2010 Page 34 of 34 r Deep Roots Greater Heights TO: FROM: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin DATE: May 31, 2010 and Members of Council FILE NO: DP/046/10 Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit Amendment 20690 Lougheed Highway EXECUTIVE SUMMARY: A development permit amendment application has been made in support of a change of landscape design for the development located at 20690 Lougheed Highway. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DP/046/10 respecting property located at 20690 Lougheed Hwy DISCUSSION: a) Background Context: Applicant: Mandalay Property Corporation Owner: Mandalay Property Corporation Legal Description: Lot 804, D.L.278, Plan 25311 Plan 5740 OCP: Existing: Commercial Zoning: Existing: C-2 (Community Commercial) Surrounding Uses: North: Use: Commercial Zone: C-2 (Community Commercial) & CS-1 (Service Commercial) Designation Commercial South: Use: Multi -Family Residential, Single Family Residential Zone: RM-4 (Multiple Family Residential), RS-1(One Family Urban Residential) Designation: Urban Residential East: Use: Commercial Zone: CS-1 (Service Commercial) Designation: Commercial West: Use: Single Family Residential Zone: RS-1(One Family Urban Residential) Designation: Commercial 1101 Existing Use of Property: Proposed Use of Property: Liquor Primary Establishment, Licensee Retail Store & Commercial Retail Units Site Area: 0.446 HA (1.1 Acres) Access: Lougheed Highway & 207 Street Servicing: Full Urban Previous Applications: RZ/061/07, DP/061/07, VP/061/07 b) Project Description The Development Permit for this project (DP/061/07) was originally approved by Council February 12, 2008. The applicant also addressed Council at the Committee of the Whole on April 12, 2010. This application requests changes to the approved landscaping plan in that Development Permit. Because the landscape buffer design did garner considerable discussion from the public during the original approval process, this amendment request does not qualify as a minor amendment under the "Maple Ridge Development Permit Delegation Bylaw No. 6478 - 2007". The neighbouring townhomes preferred the Ash Tree design which would offer some immediate screening of the new building. The cedar tree option will take some time to provide an upper lever screen over 8 feet (2.5m). In support of the new proposed landscape design, the building no longer contains the open second storey patio/deck at the southwest corner that was a concern at the Public Hearing. The applicant has discussed the changes with the strata corporation of the neighbouring townhouse site who continue to oppose the landscape changes. Application DP/046/10 requests the following amendments: 1. Replacing 12 Ash trees along the southern boarder of the subject property with cedars along the fence line. As a result of raising the elevation of the subject property, the space available for planning the Ash trees ranges from 18 - 24 inches. The proponent's landscape architect has advised them that a minimum 48 inch planting area is required to ensure long term tree survival. Additionally as the Ash trees were intended to be planted along the fence line, the crowns of the trees would have to be severely pruned. As a replacement, the applicant has provided a solid 8 foot high cedar fence and planted cedars along the fence line. The cedars have the best chance of long term survival with the limited planting area and will maintain their foliage all year. This will provide additional privacy to the residents in the townhouses living in the adjoining property to the south as they grow. An alternative to the cedar trees is to require the applicant to plant the Ash trees in bulb -out areas that would require construction and result in a potential loss of parking spaces. 2. Relocation of 3 shore Pine trees from the southwest corner of the subject property to the meridian located within the parking lot near the vehicular entrance. These trees were removed because this area contains sewer manholes requiring the area to be kept open for ease of access and a retaining wall was required to be built around the storm sewer drain area further limiting planting room. Additional space was found in a planting island within the parking lot to relocate these trees. -2- 3. Replacing 1 Amabillis Fir on the north side of the subject property fronting Lougheed Highway with two Western Red Cedars. The Amabillis Fir species is not currently available in Western Canada. The Western Red Cedars are of equal size to the Amabillis Fir specified on the previously approved landscaping plan. 4. Replace 4 Himalayan Birch on the northwest corner of the subject property with 4 Fir trees. A patio area was built for a tenant of the building, Waves Coffee, it was felt by the proponent that the Fir trees provided better screen and sound barrier than the Birch trees. c) Financial Implications: A refundable Development Permit security of $60,185.00 was submitted with the original Development Permit. CONCLUSION: The changes were required as a result of unforeseen problems in site development and grading. The applicant considers the proposed planting changes to be equivalent to what was originally proposed but the neighbouring site does not agree with the changes. The cedar trees will grow higher with time and from a solid screen above 8 feet (2.5 m). The building has also been altered with the elimination of the outdoor second storey deck thus reducing the noise and overview concerns. It is recommended that Council support the revised landscape plan as applied under DP/046/10. Prepared by: aen Csikos (Plannini Technician Jan g, MCP, MCIP 11 r of Piannin by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer JC/dp The following appendices are attached hereto: Appendix A - Subject Property -3- I�r i -01.0- i1 rF -SCALE District of Langley F Cn 0 N Appendix A P 56403 P 87' 48 18 o m N Co 0 N 00 N r N O N M1 0 n 6 N cv 35 36 11842 5 P 3 898 11836 4 co r- 11828 CL 3 m 24 11819 11820 2 0 1i807 I 20690 Lougheed Hwy 0 o � CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT �; DATE: May 26, 2010 DP/046/10 BY: JV F-7"� District of Maple RidMAPLE RIDGE ge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: May 28, 2010 and Members of Council FILE NO: E08-015-1090 E01-052-001 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Excess Capacity/Extended Services Agreement LC 141/10 EXECUTIVE SUMMARY: A developer has subdivided land at Balsam Street and 133A Avenue. Part of the subdivision servicing is considered to be excess or extended servicing in accordance with the Local Government Act. The extended servicing benefits adjacent properties. Latecomer Agreement LC 141/10 provides the municipality's assessment of the attribution of the costs of the excess or extended servicing to the benefiting lands. RECOMMENDATION: That with respect to the subdivision of lands involved in Subdivision SD/001/09 located at Balsam Street and 133A Avenue, be it resolved: 1. That the cost to provide the excess or extended services is, in whole or in part, excessive to the municipality and that the cost to provide these services shall be paid by the owner of the land being developed, and 2. That Latecomer Charges be imposed for such excess or extended services on the parcels and in the amounts as set out in the staff report dated May 28, 2010; and further 3. That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 141/10 with the subdivider of the said lands. DISCUSSION: a) Background Context: The attached map identifies the lands which are involved in the subdivision and those which will benefit from the excess or extended services. The cost breakdown for each excess or extended service is shown on attached Schedule A. 1102 In addition, a copy of Excess Capacity Latecomer Agreement LC 141/10 is also attached for information purposes. b) Strategic Alignment: Administration of excess or extended services legislation complies with the Smart Managed Growth element of the Corporate Strategic Plan. The administration procedure supports the requirement for a developer to construct municipal infrastructure in support of land development and recognizes that the infrastructure may provide benefit to other land. c) Policy Implications: Part 26, Division 11, of the Local Government Act provides that where a developer pays all or part of the cost of excess or extended services, the municipality shall determine the proportion of the cost of the service which constitutes excess or extended service and determine the proportion of the cost of the service to be attributed to parcels of land which the municipality considers will benefit from the service. Latecomer Agreement LC 141/10 will provide such determination for Subdivision SD/001/09. CONCLUSION: A developer has provided certain services in support of Subdivision SD/001/09. Some of the services benefit adjacent lands therefore, it is appropriate to impose Latecomer Charges on the benefitting lands. Latecomer Agreement LC 141/10 summarizes the municipality's determination of benefitting lands and cost attribution and also establishes the term over which such Latecomer Charges will be applied. Prepared by: Step{ en Judd, P.Eng. m4npger of Infrastructure Development Reviewed �y An r—. ew Wood, PhD., P.Eng. Mu L-nglneer Approved byt Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services rence: J.L. (Jim) Rule Chief Administrative Officer Ijl/kk Schedule A TYPE OF EXCESS OR EXTENDED SERVICE 1. OVERSIZE ON SITE SERVICE # BENEFITTING COST OF BENEFIT LOTS BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Storm Sewer 2 $7,546.00 Lot 4, Plan 2409 (Balsam Street) RN 73889-0000-7 1 x $3,546.00 Lot 5, Plan 2409 RN 73890-0100-8 1 x $4,000.00 Storm Sewer 1 $2,550.00 Lot 5, Plan 2409 RN 73890-0100-8 1 x $2,550.00 2. ONSITE SERVICE FOR ADJACENT PROPERTY SERVICE # BENEFITTING COST OF COST PER BENEFIT LOTS BENEFIT LOT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Storm Sewer (Statutory R.O.W.) 3 $41,000.00 $5,125.00 A total of all of the aforementioned services for each property is as follows: List Properties Lot 4, Sec. 28, Tp. 12, Plan 2409, NWD Lot 5, Sec. 28, Tp. 12, Plan 2409, NWD Lot 4, Plan 2409 RN 73889-0000-7 1 x $5,125.00 Amount of Benefit $8,671.00 $6,550.00 S PART 9 EP 79495 40 l P 2409 Al �r Rem 8 �y� 3 ka a 9�jy A �c Rem 25 \ q ry ,moo 2 P 26077 = 8'r 26 29 SUBDIVISION ei P 20636 135 AVENUE ............I ............. .......................... .......................... .......................... .......................... P 24'09 ' ' ' ' ' ' ' ' ' P 2409 • BENS TnNG .... 5 ... . ...... . . . _.PROP E� :. :. :.:.:.:.:.:. . . . . . . . . . . . . . . . . . . . . . . . . . . IW 4 LMP 46668 r PARK lsrao 19 wh A20 18 a IIRCHAVENUE Iza9s 14 cv vJJ717 $ { 20 21 22 23� 24� 25 13 p H �Di m 13JB7 7 f U90 I3S97 1,k368 IJ366 I ZiB1 P 636 76 a o I33 ��, vtr7a8 I— 18IM71 133A AVENUE P 30269 '"7 v 4 y 9 w 2$m 1.Ji633 N 10 � i8 °D 42 Z4O 27I335Im ' BC ntd 15 BCP 42355 21 PARK 20 19 18 LMP 46668 rSli PARK $ 42355 / 27 28 $0 29 2Fw 30 31{gp 31 7 $ 25 24 Too �Y 7 $ yFj 10 Rw 12 rll B05An' 370 4 SUBDIVISION BOUNDARY BENEFITTING PROPERTIES * CORPORATION OF THE N DISTRICT OF MAPLE RIDGE • ENGINEERING DEPARTMENT A, EXCESS CAPACITY/EXTENDED SERVICES AGREEMENT SCALE: LC 141 /10 SD 01 /09 N.T.S. DATE: MAY 2010 FILE/DWG No LC 141-2010 EXCESS CAPACITY LATECOMER AGREEMENT LC 141/10 -- SD/001/09 THIS AGREEMENT made the day of , 2010: ,]:Iky9:14►A Robert and Roslynn Poole Bertsam Developments Inc. c/o 13396 233 Street Maple Ridge, B.C. V4R 2R6 (Hereinafter called the "Subdivider") I:1►103 OF THE FIRST PART THE DISTRICT OF MAPLE RIDGE, a Municipal Corporation under the "Municipal Act", having its offices at 11995 Haney Place, in the Municipality of Maple Ridge, in the Province of British Columbia (Hereinafter called the "Municipality") WHEREAS: OF THE SECOND PART A. The Subdivider has developed certain lands and premises located within the Municipality of Maple Ridge, in the Province of British Columbia, and more particularly known and described as: Lot 26, Section 28, Township 12, Plan 20636, N.W.D. and Lot 20, Section 28, Township 12, Plan BCP10664, N.W.D. (Hereinafter called the "said lands"); B. In order to facilitate the approval of the subdivision of the said lands, the Subdivider is required to construct and install the storm sewer services shown on the design prepared by D. K. Bowins & Associates Inc., Job Name: Poole (Sheets 1 to 23) dated February 22, 2010, reviewed as noted February 29, 2010. Project No. E08-015- 1090. (Hereinafter called the "Extended Services"); Page 1 of 4 C. The extended services have been provided with a capacity to service the said lands and other than the said lands; D. The Municipality considers its cost to provide the Extended Services to be excessive; E. The Subdivider has provided the Extended Services in the Amount of $51,096.00. F. The Municipality has determined that Lot 4, Section 28, Township 12, Plan 2409, N.W.D. and Lot 5, Section 28, Township 12, Plan 2409, N.W.D. (the "Benefitting Lands") will benefit from the Extended Services; G. The Municipality has imposed as a condition of the owner of the Benefitting Lands connecting to or using the Extended Services, a charge (the "Latecomer Charge") on the Benefitting Lands in the following amounts: Lot 4, Section 28, Township 12, Plan 2409, NWD (RN 73889-0000-7) • $3,546.00 for use of the storm sewer on Balsam Street. • $5,125.00 for connection to the storm sewer in the statutory right-of-way 36 metres west of Balsam Street Lot 5, Section 28, Township 12, Plan 2409, NWD (RN 73890-0100-8) • $6,550 for use of the storm sewer on Huston Drive plus interest calculated annually from the date of completion of the Extended Services as certified by the General Manager - Public Works and Development Services of the Municipality (the "Completion Date") to the date of connection by the Benefitting Lands to the Extended Services; H. The Latecomer Charge when paid by the owner of the Benefitting Lands and collected by the Municipality shall pursuant to Section 939 (7) of the Local Government Act R.S.B.C. 1996, c.323 be paid to the Subdivider as provided for in this Agreement. NOW THEREFORE AS AUTHORIZED BY Section 939 (9) of the Local Government Act R.S.B.0 1996, c. 323, the parties hereto agree as follows: 1. The Latecomer Charge, if paid by the owner of the Benefitting Lands and collected by the Municipality within fifteen (15) years of the Completion Date shall be paid to the Subdivider and in such case payment will be made within 30 days of the next June 30th or December 31st that follows the date on which the Latecomer Charge was collected by the Municipality. Page 2of4 2. This Agreement shall expire and shall be of no further force and effect for any purpose on the earlier of the payment of the Latecomer Charge by the Municipality to the Subdivider, or fifteen (15) years from the Completion Date, and thereafter the Municipality shall be forever fully released and wholly discharged from any and all liability and obligations herein, or howsoever arising pertaining to the Latecomer Charge, and whether arising before or after the expiry of this Agreement. 3. The Subdivider represents and warrants to the Municipality that the Subdivider has not received, claimed, demanded or collected money or any other consideration from the owner of the Benefitting Lands for the provision, or expectation of the provision of the Extended Services, other than as contemplated and as provided for herein; and further represents and warrants that he has not entered into any agreement with the owner of the Benefitting Lands for consideration in any way related to or connected directly or indirectly with the provision of the Extended Services. The representations and warranties of the Subdivider herein shall, notwithstanding paragraph 2 of this Agreement, survive the expiry of this Agreement. 4. The Subdivider (if more than one corporate body or person) hereby agrees that the Municipality shall remit the Latecomer Charge to each corporate body or person in equal shares. 5. If the Subdivider is a sole corporate body or person, the Municipality shall remit the Latecomer Charge to the said sole corporate body or person, with a copy to the following (name and address of director of corporate body, accountant, lawyer, etc.): 6. In the event that the Subdivider is not the owner of the said lands, the owner shall hereby grant, assign, transfer and set over unto the Subdivider, his heirs and assigns, all rights, title and interest under this Agreement. Page 3of4 IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate Seals, attested by the hands of.their respective officers duly authorized in that behalf, the day and year first above written. The Corporate Seal of Bertsam Developments Inc. was hereunto affixed in the presence of: Authorized Signatory SUBDIVIDER: Authorized Signatory - Robert Poole Authorized Signatory - Roslynn Poole The Corporate Seal of the DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: Corporate Officer -Authorized Signatory Page 4of4 MAPLE RIDGE District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: May 19, 2010 and Members of Council FILE NO: E01-035-001 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: 5th Annual Iron Mountain Triathlon EXECUTIVE SUMMARY: A request has been received for permission to use municipal streets for the 5th Annual Iron Mountain Triathlon on Sunday, June 20, 2010 between 7:00 am and 3:00 pm. Road closures are not anticipated for this event. Authorization from Council is requested to allow the events to occur in Maple Ridge. RECOMMENDATION: THAT use of municipal streets be authorized for the 5th Annual Iron Mountain Triathlon on Sunday, June 20, 2010, provided the conditions outlined in Schedule 'A' attached to the staff report dated May 19, 2010 are met. DISCUSSION: a) Background Context: From time to time, the Municipality is requested to allow the use of municipal streets for organized events. Unless there are some unusual safety implications, approval is usually given on condition that the Municipality be indemnified against any liability for injury or damage resulting from the event. The conditions of approval of the event are attached as "Schedule A". The Iron Mountain Triathlon begins at 7:00 am at Whonnock Lake and use of the surrounding streets is required. The triathlon is divided into two events: an Olympic Distance Race (1.5 km swim, 40 km bike, 10 km run) and a Sprint Race (750 m swim, 22 km bike, 5 km run). The attached Run Course Map and Bike Course Map provide the detailed route information. Road closures are not anticipated for this event. RCMP approval has been obtained. b) Strategic Plan: Permitting of Maple Ridge street events promotes community development and often highlights Maple Ridge's natural and built features. 1103 c) Citizen/Customer Implications: This event does not require road closures. However, permission to use municipal streets may cause some delays and inconveniences to other road users. Traffic control will be provided by the event organizers. d) Interdepartmental Implications: The road use permit establishes that the event organizer must obtain the approval of RCMP and Fire Department for traffic control and management, notify BC Ambulance Services as well as Coordinate with Coast Mountain Bus Company (transit service) on any rerouting requirements. The organizer must also attain permission to use Ministry of Transportation facilities, Maple Ridge Municipal park facilities and the District of Mission roads. e) Business Plan/Financial Implications: The Business Plan recognizes that the District processes requests for use of municipal streets as part of its services. The financial impact of the specific road use is limited to staff processing effort. f) Policy Implications: Permission to use municipal streets is grantable under the District's policy practices. g) Alternatives: The District could refuse to permit the event to occur. In this event, the organizer would have to cancel the event or arrange for alternatives. CONCLUSION: From time to time, the District is requested to allow the use of municipal streets for various events and activities. The Iron Mountain Triathlon was held last year without incident. Submitted by: ndrew Wood, PhD., PEng, Municipal Engineer Approved by: rank Quinn, MBA, PEng. GM: Public Works & Development Services WConrrence: J.L. (Jim) Rule Chief Administrative Officer RT/mi Schedule 'A' To CQL1nGil Memorandum Dated May 19, 2010 5th Annual Iron Mountain Triathlon Conditions of Approval Approval for the event is given on condition that the organizers: 1. provide all necessary traffic controls, parking and emergency access acceptable to the RCMP, Fire Department and the Corporation of the District of Maple Ridge (the District); 2. notify local Ambulance Services of the event; 3. make arrangements with Coast Mountain Bus Company for any required rerouting of buses; 4. obtain any required permits from the District of Maple Ridge Parks and Leisure Services Department for park facility use; 5. obtain any required permits from the Ministry of Transportation for use of highways and facilities; 6. obtain any required permits from the District of Mission for use of their facilities; 7. advertise the event in a local newspaper and notify all surrounding businesses and residents of the event (a minimum of one week prior to the event date); 8. make arrangements for all surrounding businesses and residents for access purposes during the event; 9. must maintain access for emergency services to the effected areas at all times. 10. hold and save harmless the District from and against all claims, and damages arising out of or in any way connected with the event; 11. obtain and maintain during the term of this event a comprehensive general liability insurance policy providing coverage of not less than $5,000,000.00, naming the Corporation of the District of Maple Ridge as an additional named insured and MUST have the following statement written in the policy: "Naming the District as an additional insured and providing that the said policy shall not be cancelled, lapsed or materially altered without 30 days notice in writing to the District." Policies without this statement or an altered statement will NOT be accepted. The policy shall also include a Cross Liability Clause. A copy of such policy shall be delivered to the Corporate Officer prior to the event; and 12. refurbish all municipal infrastructure to an equal or better condition than that which existed prior to the event, all within 24 hours of the completed event, to the satisfaction of the District. The Corporation of the District of Maple Ridge reserves the right to withdraw permission to use municipal streets for this and future events should the organizers fail to comply with the above requirements. Chief Administrative Officer District of Maple Ridge and City of Pitt Meadows 11995 Haney Place, Maple Ridge, BC V2X 6A9 Dear City Council, Iron Mountain Triathlon Race Director Dean Stanton Tel: 604.983.8433 This application is for race approval for the 5th Annual Iron Mountain Triathlon to be held on June 20th 2010 at Whonnock Lake. Please refer to the attached maps and information prepared by the Race Director and the Engineering department. This year there are 2 races an Olympic Distance Race (1.5K swim, 40K bike, 10K run) and Sprint Race (750m swim, 22K bike, 5K run) and both of these races should be finished by midday with start time at 7:00 AM. Last year many competitors traveled from outside the Lower Mainland from such places as Alberta, Washington State, Oregon State and Vancouver Island and Interior of BC and stayed in hotels and spent money at local businesses. This race is also a fundraiser for the Crohns and Colitis foundation of Canada. I look forward to working with you to make this event grow bigger and better in 2010 and beyond. Regards, Dean Stanton Race Director Iron Mountain Triathlon O O N O 4-J V a- J .0L V) 4-J 5O L i raham st U N a C L) > j:e > Q V< rnn N N Q r-I _ o ® 276 St 0 284th St o w 1 .s.� m ❑ �.. 1 � 1 u 1 aham$. v � oC �.' C: rC -4 O 0 � i1t 276 St l aj _ •`L LL r 272 St� 1 272 St Yl ❑ > r �.o ❑ r-A ti- 4 `v '-4 U- N 0 .Z u v N L v 4- 0 i - � O C O O v u } L v N � U u a Graham st r 0 it :� 11 Q V Q � jl CL J O rn ^ v 0 N ^ ^ 1 v :3 v —_ ^ 11 '^ o L- _0'4 4-_ ^ 11 0 =3 0 v � c 11 u u 0 11 c 0 v •- Q Q u m w O (Vrn _ l_ Q y N O 0 N 1 ( N L v 11 LA O u O u 1 Q i1 N N m 1 r-I ,4.- V) 1 E' 11 v M IN � V � ° 276 St V) Z � p sN-a O +� � rZ,0 U O cV C: v � v c O 4- u v 0 N l/f lJ u v v v v v v v v v (6 L i fn (CQ N C i N 0 O U C m i cc a)-0 +' " M m fB 'i 12 Q o LO 0) E � a U l� � O (a � Q o 0 O N —_ o o cn C to _O O U) U L F- > Q Q O T o a� ,A C (1) 0 U N m 4- 0 a 0 J u c OF World Police and Fire Games - Triathalon August 8th, 2009 (TCf) - I -AL- - Transition Run Route Run Turn around Bike Route Iron Mountain Triathlon Traffic Management Plan June 20th, 2010 Sprint Triathlon Race 10:15 AM until 12:30 PM (estimated) Tollow ve ice will o ow the last competitor and release the mars a s Race in progress signs will be throughout the ride and run courses A A Dewdney Trunk Road Dewdney Trunk Road Dewdney Trunk Road 9V 116 Avenue A Ferguson Avenu ' m MAR 114 Avenue � o MAR N a m N c � ID N 112 Avenue w R 112 Avenue y 112 Avenue d RC co T 110 Avenue o ]108 Avenue N n N ! _ Run Route Run Turn around Bike Route Cones 2 loops 2 loops Page 1 of 3 Ruby Tam From: Dean Stanton Sent: May 18, 2010 11:13 AM To: Ruby Tam Subject: Fwd: Iron Mountain Triathlon 2010 approval Hi Ruby, This is the RCMP approval Cheers Dean Begin forwarded message: From: "Roland PIERSCHKE" <roland. ierschke@rcm-rjrc.oc.ca> Date: April 16, 2010 2:44:14 PM PDT To: "Dean Stanton", Subject: Re: Iron Mountain Triathlon 2010 approval Yes, consider the email as your approval. I've already spoken to Derrick Keist about the auxiliaries, but all means contact Clint. They know the routine for you. You should have a successful event as usual. If you need anything else let me know. Roland Pierschke, Sgt. NCO i/c Traffic Section Ridge - Meadows RCMP 604-463-6251 direct line 604-467-7686 cell: 604-612-2311 Dean Stanton 2010-04- 16 11:19 >>> Hi Roland Thanks for the prompt reply. Does that mean you approve it??? Please respond in writing. And yes i do need some auxiliaries. Do i go through you or contact Clint Van Blanken??? 18/05/2010 Page 2 of 3 Cheers Dean On Apr 16, 2010, at 10:24 AM, Roland PIERSCHKE wrote: Oh course I will support this event for the detachment. Do you require any auxiliaries? Roland Pierschke, Sgt. NCO i/c Traffic Section Ridge - Meadows RCMP 604-463-6251 direct line 604-467-7686 cell: 604-612-2311 Dean Stanton 2010-04-14 14:11 >>> Hi Roland, I hope you are well. Thanks so much for all of your help in 2009. I also want to again thank you for all your help last year at the WPFG Triathlon at Whonnock Lake on August 8th 2009 I again am running the Iron Mountain Triathlon on June 20th On June 19th there wil be swim races and a kids race but these will be entirly within the park. As before the Iron Mountain Triathlon will not close any roads. Please refer to the attached maps I need a written reply or approval from you. Any questions let me know? Cheers Dean Dean Stanton Race Director 18/05/2010 Page I of 2 Ruby Tam From: Dean Stanton Sent: May 18, 2010 11:12 AM To: Ruby Tam Subject: Fwd: Iron Mountain Triathlon 2010 approval Hi Ruby, This is from the fire department Cheers Dean Begin forwarded message: From: Mark Smitton <msmitton@ma leridae.ca> Date: April 28, 2010 4:36:42 PM PDT To: Dean Stanton <dstanton@telus.net> Subject: Iron Mountain Triathlon 2010 approval Dean The fire department has received the event maps and will ensure responding firefighters are aware of the event. Reminder: Parking at the Firehall is restricted to fire dept use only. As you have stated, you will have measures in place to ensure that: The front apron in front of the fire doors, The parking lot and Access to the parking lot Will be marked off and monitored to ensure that they remain clear at all times. .Mari Sm&aa tZ5'Ji.6tartt .5iW ' " From: Dean Stanton Sent: April 14, 2010 14:05 To: Mark Smitton Subject: Iron Mountain Triathlon 2010 approval Hi Mark I hope you are well First of all I want to again thank you for all your help last year at the WPFG 18/05/2010 Page 2 of 2 Triathlon at Whonnock Lake on August 8th 2009 I again am running the Iron Mountain Triathlon on June 20th On June 19th there wil be swim races and a kids race but these will be entirly within the park As before the Iron Mountain Triathlon will not close any roads but I did ant to give you the heads up for the Firehall #2 on 112th Ave. please refer to the attached maps Any firemen heading to the firehall for a call on Sunday will have to be aware of the race in progress and cyclist going by on 112th Ave from 7:15 AM until about 12:00 PM on Sunday June 20th. I need a written reply or approval from you. Any questions let me know? Cheers Dean Dean Stanton Tri 1 Events Ltd www.trilevents.com info @tri levents.com 604.879.8433 Dean Stanton Tri 1 Events Ltd www.tri1events.com info@tri1events.com 604.879.8433 18/05/2010 Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Adjustments to 2010 Collector's Roll EXECUTIVE SUMMARY: DATE: May 25, 2010 FILE NO: T21-212-003 ATTN: BC Assessment has revised the assessed value for the 2010 Collector's Roll through the issuance of Supplementary Roll 03. The Collector is required to make all the necessary changes to the municipal tax roll records and report these adjustments to Council. RECOMMENDATION(S): The report dated May 25, 2010 is submitted for information. DISCUSSION: a) Background Context: Three folios are affected: Three Class 1 properties were reviewed and assessments for improvements removed as they had been demolished in prior years. (Municipal tax revenue changes: decrease in Class 1(Residential) - $1,065) b) Business Plan/Financial Implications: There is a total decrease of $1,065 in municipal tax revenue. [fill UOAIlyN►1; 9 A review of three properties resulted in a decrease of $272,100 to the Residential assessment base. 1131 This report dated May 25, 2010 is submitted for information and is available to the public. I -a' % Prepared by: Silvia R edge Manager, Revenue & Collections / f Approved r y. Paul Gill, B.B.A.; C.G.A. General Manager: Corporate & Financial Services Concurrence: J.L. (Jim) Rule Chief Administrative Officer District of Maple Ridge L on R00t� �red'Pr i�+it�j f5 TO: His Worship Mayor Ernie Daykin DATE: 2010 05 07 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Municipal - School District Master Agreement on Cooperation for the Joint Use of Facilities and Coordination of Services EXECUTIVE SUMMARY: The above noted agreement was last updated in 2001 and has recently been reviewed by the Standing Committee which provides oversight to the agreement. The Standing Committee includes the undersigned, the Director of Parks and Facilities (David Boag), the Recreation Director (Kelly Swift), the Director of Community Services (Sue Wheeler), the Secretary Treasurer for the School District (Wayne Jefferson), the Director of Maintenance and Facilities (Rick DeLorme) and the Assistant Superintendent - Director of instruction (Laurie Meston). The proposed changes to the agreement are generally "housekeeping" in nature including an update to the Standing Committee membership, an update to the list of sub agreements which are in place and a few wording changes to bring greater clarity to the agreement. There are no substantive amendments proposed which would change the intent of the agreement or how it is to be administered. Our purpose in completing this review and bringing the agreement forward is to ensure all parties are fully cognizant of its content, since many of the people have changed since it was last updated, and to provide the necessary "housekeeping" adjustments to ensure it is up to date. This objective was identified in the Commission's 2010 business plan. The Commission has reviewed the agreement and wishes to make the following recommendation to Council. RECOMMENDATION(S): That the Master Agreement on Cooperation for the Joint Use of Public Facilities and Coordination of Services attached to the 2010 05 07 report on this subject be endorsed and the Corporate Officer be authorized to sign the agreement.. a) Background Context: The Municipalities and the School District have enjoyed an excellent working relationship over many years which is of benefit to area residents. The agreement which is the subject of this memorandum identifies the key principles of that cooperative relationship. The list of sub agreements to the Master Agreement speaks to the level of that cooperation. The Commission has received copies of the minutes from the Standing Committee charged with administering the agreement during the past few Commission meetings which has provided a 1151 further indication of the extent of the cooperative relationship. Regular reviews and updating of such agreements are critical to their continuing success, hence this report. b) Desired Outcome The desired outcome of this review is maintaining a strong working relationship between the three local government agencies who are providing service to area residents. The result of that relationship is improved services for residents. c) Strategic Alignment: The Commission and Councils have all identified partnering as a critical strategy necessary to meet resident needs for service. d) Business Plan/Financial Implications: The costs associated with joint projects and the sub agreements listed are all incorporated into the Municipal five year financial plans. There are no additional costs anticipated as a result of this review and any proposed changes to the agreement. CONCLUSIONS: The agreement which is the subject of this report is critical to the continuing good relationship between the School District and the two Municipalities. Regular reviews of such agreements are necessary to ensure their continuing success. This report represents the culmination of a recent review of the agreement with no significant changes of content proposed. Prepared by: Mike Murray j General Manager: Community Development, Parks and Recreation `J Concurrence: J.L. (Jim) Rule Chief Administro MWM Officer Revised May , 2010 MASTER AGREEMENT on Cooperation for the Joint Use of Public Facilities and Coordination of Services Date of Agreement: May _, 2010 between: The District of Maple Ridge (the District) 11995 Haney Place Maple Ridge, B.C., V2X 6A9 and: The City of Pitt Meadows (the City) 12007 Harris Road Pitt Meadows, B.C., V3Y 2135 (acting together through the Maple Ridge and Pitt Meadows Parks and Leisure Services Commission) and The Board of Education, School District No.42 (Maple Ridge -Pitt Meadows) (the School District) 22225 Brown Avenue Maple Ridge, B.C., V2X 8N6 Whereas: The District and City have entered into an agreement to deliver parks and leisure services jointly to the residents of both municipalities, And Whereas: The District and the City have by bylaw established a Parks and Leisure Services Commission to oversee the provision of these services and have invited the School District to participate on the Commission to facilitate enhanced cooperation between the municipalities and the School District, And Whereas: It is deemed appropriate for the parties to enter into a further agreement to establish their common beliefs and values respecting the cooperative use of resources and the guiding principles for entering into further more specific joint agreements. Now therefore, the District, the City and the School District agree with each other as follows: Definitions In this agreement the following definitions apply: Governing Body For the District and City means their respective Councils and for the School District means the Board of School Trustees. Joint Agreements Means written agreements formally approved by the Partners that provide for the terms and conditions of specific initiatives, including the financial obligation to each partner. Initiatives refer to joint planning and use of facilities, coordination of services and cooperative delivery of services. Management Costs Means any out-of-pocket costs incurred by a Partner in administering this Master Agreement. It includes such costs as meeting and incidental costs and legal costs. It does not include any costs incurred by a Partner in the implementation or administration of any Specific Joint Agreement, or any salary costs of a Partner's committee representative or support staff. Partners Means the Maple Ridge and Pitt Meadows Parks and Leisure Services Commission (the Commission), acting on behalf of the District of Maple Ridge and the City of Pitt Meadows, and the School District Rental Agreement Means the written agreement between the Partner that is the Owner or Manager of a building, facility, site, service or playing field, and a Partner that is a User, that sets out the terms and conditions of use. Standing Committee Means the committee as described in paragraph 3.2 of this agreement. Statement of Cooperation and Mutual Intent 2.1 Beliefs and Values: The Partners affirm to each other a commitment to the following beliefs and values: 2.1.1 The Partners agree that the quality of life, and the sense of neighbourhood and community, will be enhanced by making public facilities and services accessible for use by neighbourhood residents. Residents of all ages will benefit from neighbourhood -based facilities and services that are within walking distance of their homes. 2.1.2 The Partners want to make the best possible use of facilities, sites, equipment and services for the least cost. 2.1.3 The Partners want to make public facilities, sites and services as available as possible for use by the community. 2.1.4 The Partners want to make the public aware of available facilities and services and provide for easy access to them. 2.2 Guiding Principles: The Partners affirm the following guiding principles to be followed in the information and administration of Joint Agreements: 2.2.1 Education, recreation and leisure time activities undertaken by residents help to build a healthy community. Schools, municipal recreation facilities and parks are places where neighbourhood residents may meet to carry out these activities. 2.2.2 Each Partner respects the fiscal constraints, jurisdiction and institutional values of the other Partners. 2.2.3 Access to programs, buildings, facilities or sites within neighbourhoods must be planned, taking into account the potential impact of the activities on the neighbourhood and its quality of life. The needs of the community must be balanced against the impact on the neighbourhood. 2.2.4 The following principles have been agreed to by the Partners. They are the foundation for this agreement and any sub - agreements entered into between the parties. Financial Principles F1 Financial Control Each jurisdiction has limited financial resources and requires the ability to control and manage the financial implication of any commitment to a partnership. F2 Exchanges as an Alternative to Cash Transfers The concept of "trading in -kind" resources and service commitments may be more useful than extensive cost -sharing of another party's operation. F3 Efficient Use of Taxpayers' Resources Before building a community or school facility/amenity, any potential joint use funding and/or service arrangements should be discussed and, where appropriate, agreed upon. F4 Equity The overall contribution to joint use and collaboration should be proportioned on a fair and equitable basis. Where such costs are relatively equitable but not exactly equitable, cash payments between parties should not be anticipated. Over time it is anticipated that minor inequities will balance out. A baseline for the measurement of equity relating to the Joint Use of Facilities is defined in Appendix C. F5 Users Pay Proportion of Costs Where possible and appropriate, users of facilities should pay a proportion or full costs as is appropriate. F6 Graduated Fees Fees shall be on a graduated basis, for example, with lowest rates to children and youth 19 and under, adults paying a greater proportion, and cost plus profit recovery rates for commercial activities. Healthy Community Principles HC 1 Empower Community Associations including School - based Parent Advisory Committees Community Resident Associations should be assisted to plan and administer their own recreation and community service programs where desirable as an alternative to government agencies providing these services. HC2 Neighbourhood Meeting Places Healthy communities require neighbourhood meeting places where residents can meet to work together to address local needs. HC3 Neighbourhood Based Activity Options for Children and Youth Young people should be encouraged to be active in recreation and community life so they can be more able to meet their potential and become healthy adults. HC4 Adult Involvement in Their Neighbourhood Adults should be encouraged to become involved in neighbourhood recreation, educational and cultural activities so they can become more informed parents and more proactive community residents. HC5 Accessibility A healthy community has fair and open public systems accessible to all persons, including those with special needs and the financially disadvantaged. Principles of "User Oriented" Service Delivery CS 1 Access to Information The access channels to appropriate information around joint use opportunities shall be designed for minimum inconveniences to the taxpayer across all jurisdictions CS2 Homogeneous Fees and Policy Definitions 11 Fees and eligibility criteria of "community groups" and booking policies should be standardized and aligned among jurisdictions, where feasible. CS3 Appropriate User Convenience Any facility or program management system devised under a Joint .Agreement shall incorporate high standards of customer convenience in its design and policies. Principles of Management MI Cooperation The senior administrators, and facility and program managers of all joint use facilities and services should cooperate to maximize joint use/cooperation/coordination. M2 Special Circumstances to Owner The Joint Agreement should identify circumstances and conditions which are to be included, and in all other circumstances the owner's jurisdiction shall have exclusive priority. M3 Responsive Resource Management Facility/service managers shall retain their statutory or delegated authority and responsibility to manage their facilities in accordance with any joint agreement. M4 Standing Committee While the Joint Agreement provides a mechanism for sharing resources, the jurisdictions shall provide a Standing Committee as a monitoring mechanism to oversee and interpret the spirit of the partnership. Community Planning Principles CPI Location For new communities and in older communities with a shortage of recreation facilities, plans for community centres, community service centres, field and park amenities, and schools should be designed to be built multi -use and co - located. Joint Use Agreement Development Principles J 1 Consultation All major stakeholders in joint use shall be consulted in the development of any agreements. Such consultation shall include the partners' workforces, site administrators and residents as well as the Standing Committee. J2 Responsive Using the principles as foundation, and with the analysis of other Municipalities Joint Use Agreements as guides to success, the following preferred options are identified as a possible framework for specific joint agreement(s). 5 J2 (i) Field Use by Community and Schools The Partners explore the concept of upgrading and maintaining all fields to a mutually acceptable standard, with a `quid pro quo' for other considerations from respective Partners such as time availability for community use of schools and school use of community facilities. Included in this concept would be the exploration of utilizing human and other resources of the Partners to achieve a more efficient and effective delivery of field maintenance services of all fields under the jurisdiction of the Partners. Each municipality will consider upgrading school fields within its municipal boundaries as resources permit. To facilitate community access where demand warrants consideration shall be given to: a.) gating off access to school washrooms and gymnasiums to isolate these from the rest of the school. b.) providing separate entrances to school washrooms which can be secured and isolated for sport field user access (no access to the remainder of the school) J2 (ii) Use of Municipal Park and Recreation Facilities Under "quid pro quo" trade of services umbrella, schools access municipal facilities at no charge in exchange for other School District 42 considerations in community use of schools. Staffing required to accommodate the use beyond regular staffing levels shall be paid for by school users. J2 (iii) Community Use of Schools During Non -School Hours Consideration shall be given by the School District to sharing facilities with the community for use during non -school hours, in exchange for other considerations in field maintenance and access to municipal recreation and park facilities. Staffing required to accommodate the use beyond regular staffing levels shall be paid for by community users. B Initiative Approvals Where initiatives are explored by representatives of the Parties and there is a mutual desire to proceed with an arrangement, a joint report shall be prepared R recommending terms and conditions of the proposed Joint Agreement. Only upon approval of the Partners can an initiative proceed to implementation. Administration of Joint Agreements 3.1 Partners' Authority 3.1.1 Each Partner will endeavor to act and exercise its authority and rights in a manner that is consistent with, and that supports the beliefs, values, guiding principles and general intent of this agreement. 3.1.2 Each Partner will support, in word and in deed, everything related to the development, implementation, review and maintenance of Joint Agreements. 3.1.3. Each Partner accepts responsibility for matters within its jurisdiction and authority and, except as may be expressly set out in a Specific Agreement, a Partner will not have responsibility for matters within the jurisdiction and authority of another Partner. 3.1.4 All decisions related to Joint Agreements require the unanimous agreement of all Partners. 3.2 Standing Committee 3.2.1 The Partners will appoint representatives to the Standing Committee as follows: The Districts and General Manager: Community Commission (4) Development, Parks and Recreation Services Director of Parks and Facilities Director of Recreation Director of Community Services School District (4) Secretary Treasurer Director of Maintenance and Facilities Member of the Senior Management Team Principal or as otherwise appointed by their respective Governing Bodies. 3.2.2 A Partner's Governing Body may change its Standing Committee representative by giving written notice to the other Partners. 3.2.3 The Standing Committee will, in addition to the duties given to it specifically in this and other Joint Agreements, generally review 7 and monitor Joint Agreements and, as necessary to achieve the overall objectives of this agreement, recommend modifications for approval by the Partners. The Standing Committee will follow the principles set out in Item 2.2.4. 3.2.4 The Standing Committee will review this agreement annually. 3.2.5 The Standing Committee will consider and develop the Specific Joint Agreements as provided by Paragraph 5, and will consider other new agreements for recommendation to the Partners. 3.2.6 All decisions of the Standing Committee will, to be effective, be unanimous. Where agreement cannot be reached then each Partner's Standing Committee representative shall refer the issue to the Partner's Governing Bodies together with a full description of the issues, Partner's positions, options and recommendations in accordance with the following dispute resolution provision: Step l - As soon as possible after the dispute becomes apparent, a meeting must be held with the Chief Administrative Officers of the Municipalities, the Mayors of the Municipalities, the Maple Ridge General Manager: Community Development, Parks and Recreation Services, the Chair of the Board of Education, the Superintendent of Schools, and the Secretary -Treasurer of the School District who will attempt to resolve the dispute at the meeting; Step 2 — If the dispute cannot be resolved in Step 1, a mediator will be chosen by a simple majority vote by those present at the above - mentioned meeting, such mediator to assist the parties in achieving an acceptable conclusion to the dispute, with the costs of the mediator being shared equally between the Municipalities; Step 3 - If a conclusion to the dispute is not resolved with the addition of a mediator, the issue must be brought back before the Councils and the School Board for final disposition. 3.2.7 The Standing Committee shall meet together as the Standing Committee determines is necessary, but no less than twice per calendar year. The Standing Committee may meet by telephone conference. 3.3 Sharing Management Costs 3.3.1 Each Partner shall cover its own staffing costs and shall pay an equal share of any common costs which may occur beyond staffing costs in the administration of this agreement as determined by the Standing Committee. 9 3.4 Termination 3.4.1 A Partner may terminate this Agreement by giving one year written notice to each of the other Partners. 3.4.2 For certainty no termination of this agreement will affect any Specific Joint Agreement. 4. Joint Planning 4.1 Joint Planning Essential 4.1.1 Joint planning between the Partners is essential to meet the objectives and intent of this agreement, which includes optimizing the use of tax payer's resources, while taking community needs into account. 4.1.2 The Partners agree generally to include joint planning asset out in this agreement in their respective decision and approval processes relating to the acquisition, development and major redevelopment of facilities and sites. 4.2 Joint Planning Principles 4.2.1 The Partners will cooperate with each other, and exchange plans and information at the earliest stages of planning and site acquisition. related to the development and major redevelopment of all school, municipal, recreation and park facilities and sites. 4.2.2 School, municipal, social, recreation and cultural facilities, playing fields, and parks should be co -located or located on contiguous sites to maximize their use. 4.2.3 School, municipal, recreation facilities, field and park amenities should be designed for multi -use. 4.2.4 Planning conducted by the Partners should take into account the long range needs of the community for schools, municipal, social and recreational services and facilities, playing fields and parks. 4.2.5 Joint use, planning, facilities, programs and operations should include appropriate volunteer involvement of the residents. 4.3 Joint Planning Projects 4.3.1 The matters to which joint planning will apply include the following: X (a) New school, municipal, recreation and park facilities. (b) Major additions and capital improvements to school, municipal, recreation and park facilities. These projects include additions and alterations which might ordinarily be built as free-standing facilities. (c) Site acquisition for school, municipal, recreation and park facilities. (d) Preparation and major updates of Official Community Plans. (e) Joint financial planning and budget review, with respect to matters covered by Joint Agreements. (f) Joint program planning with respect to matters covered by Specific Joint Agreements. (g) Joint advertising and information distribution with respect to matters covered by Specific Joint Agreements. (h) Boundary changes and capital works related to new site developments, transportation and transportation infrastructure as they relate to the planning of safe routes for students to school and neighbourhood traffic patterns. 4A Joint Planning Committee 4.4.1 The Partners joint planning shall be undertaken by the Standing Committee: with the exception of those sub -committees established within the terms of Specific Joint Agreements for such functions of program planning and advertising. 5. Specific Joint Agreements 5.1 Specific Agreements 5.1.1 Agreements between the Partners regarding the joint development, use or operation of any specific facility, or site or location, or regarding expenditures of funds for such resources or regarding the shared delivery or coordination of services may be developed. 5.1.2 Specific Joint Agreements shall be developed by the Standing Committee; and presented to the Partners for agreement and approval. 10 5.1.3 When developing a Specific Joint Agreement, the Standing Committee's considerations shall include the following operational and cost issues: (a) Cost sharing of capital costs, including site and facility acquisition costs and construction costs. (b) Conditions of use of a facility or site, and the responsibilities for the provision of related services. (c) Conditions and issues regarding responsibility for the scheduling and operation of the facilities, including booking, priority of use and hours of operation. (d) Sharing of operating costs. (e) Provision for maintenance and the sharing of maintenance costs. (f) Provision for renewal of the facility, including additions and renovations, and the sharing of related costs. (g) Sharing of costs and responsibilities related to cooperative program development and/or advertising. (h) Staffing and management agreements necessary for joint operations. (i) How the addition and deletion of new and unforeseen programs during the life of the facility and related changes in use will be addressed. (j) The authority to be given to any Partner, and the manner and mechanism of making joint decisions. 5.1.4 The Partners agree to fund this agreement and Specific Joint Agreements, providing costs are shared equitably between them and resources are available. The Standing Committee shall provide for the following: (a) Over the long term, expenditures by the School District and the municipalities should equate, either in direct comparison of costs or by equating costs and the offsetting increase in community access to facilities (Appendix Q. 5.1.5 When developing a Specific Joint Agreement, the Standing Committee's considerations shall include the following additional issues: 11 (a) Term: The Specific Joint Agreements shall each have a separate provision for the term of the Agreement, considering the cost and other commitments the Partners will make, and considering any limitations on authority to enter into long term agreements. (b) Indemnity: It is understood and agreed by the parties hereto that the Municipalities shall indemnify and hold harmless the School Board and its employees, servants, agents and contractors from any and all claims, losses, costs, damages, expenses, including legal fees on a solicitor own client basis excepting negligence of the School Board, arising out of, or in connection with, the Municipalities' use and occupation of the School Board's property, including use and occupancy by others who are on the School Board's premises with the permission of the Municipalities. The School Board shall forthwith, upon receiving notice of any suit brought against it, deliver to the Municipalities full particulars thereof and the Municipalities shall render all reasonable assistance requested by the School Board in the defense thereof. It is understood and agreed by the parties hereto that the School Board shall indemnify and hold harmless the Municipalities and their employees, servants, agents and contractors from any and all claims, losses, costs, damages, expenses, including legal fees on a solicitor own client basis excepting negligence of the Municipalities, arising out of or in connection with the School Board's use and occupation of the Municipalities' property, including use and occupancy by others who are on the School Board's premises with the permission of the Municipalities. The Municipalities shall forthwith, upon receiving notice of any suit brought against them, deliver to the School Board full particulars thereof and the School Board shall render all reasonable assistance requested by the Municipalities in the defense thereof. (c) Liability: Each of the parties hereto agree to maintain comprehensive general liability insurance coverage while this agreement is in force to cover the use of the property for the other. The parties hereto further agree to furnish certificates confirming that such protection is in force if requested by the other party. (d) Dispute Resolution: The Standing Committee shall, with each Specific Joint Agreement, consider any appropriate dispute resolution provision. The Partners agree that it is in each of their interests to minimize and resolve quickly any disputes or disagreements that may develop, which can be achieved through candid, timely discussion and negotiation. 12 6. Inventory of Joint Use Facilities, Resources and Services Covered by Specific Joint Agreements 6.1 Appendix B is an inventory of the Partners' facilities, site, location, resources and services that are the subject of a Specific Joint Agreement. 6.2 The Partners will cooperate to update Appendix B annually so that it remains a current inventory of resources and services that could be the subject of a Specific Joint Agreement. 7. Rental Agreements 7.1 The Partners will cooperate to develop standard terms and conditions of a Rental Agreement to be signed by any user of a facility or service. Dispute Resolution 8.1 Any disputes that occur regarding Partner's rights or obligations arising from this agreement shall be dealt with as follows: 8.1.1 All such disputes shall first be referred to the Standing Committee and the Partner's representatives shall have good faith discussions and negotiations to resolve the matter. 8.1.2 If the matter cannot be resolved by the Standing Committee then the Partners' Standing Committee representatives will refer the matter to the Partner's Governing Bodies as set out in Paragraph 3.2.6. 8.2 For certainty, the Specific Joint Agreement may include dispute resolution procedures different than the procedures contained in this agreement, including arbitration provisions dealing with specific issues, such as the determination of cost -sharing, term of agreement or other provisions. 9. General 9.1 The headings have been inserted for ease of reference only and are not intended to be included in the interpretation of this agreement. 13 THIS AGREEMENT dated the day of May, 2010 IN WITNESS WHEREOF the parties hereto have set their hands as of the day and year first above written. Signed on behalf of the District of Maple Ridge in the presence of Authorized Signatory Authorized Signatory Signed on behalf of the City of Pitt Meadows in the presence of - Authorized Signatory Authorized Signatory Signed on behalf of School District No. 42 in the presence of: Authorized Signatory Authorized Signatory Witness Witness Witness 14 Title APPENDIX A Terms of Reference Standing Committee On Joint Agreements The Committee shall be known as the Standing Committee. Definitions Purpose "Joint Use" refers to the joint use of buildings, facilities, services, sites and playing fields owned and operated by the Partners. "Joint cooperation/coordination" refers to cooperative planning and delivery of services and operations in general. The purpose of the Standing Committee shall be to: - review and monitor all Joint Agreements between the Partners and to recommend modifications to these agreements. - develop additional agreements where it considers there is mutual benefit to the Partners in doing so. - Promote the Joint Use, Cooperative/Coordination initiative Establishment The Standing Committee is established pursuant to the Master Joint Agreement between the Partners. Composition The Committee is composed of the following members: Authority The Districts and General Manager: Community Development, Parks Commission (4) and Recreation Services Director of Parks and Facilities Director of Recreation Director of Community Services School District (4) Secretary Treasurer Director of Maintenance and Facilities Member of the Senior Management team Principal or as otherwise appointed by their respective Governing Bodies. General Scope_— The Committee shall: 15 Develop and recommend joint use and joint cooperation/coordination agreements to the Governing Bodies. Develop Joint Agreements, taking into account the principles as reflected in Item 2.2.4 of the Master Agreement. Review any area of interest which it considers appropriate as the subject of a potential joint agreement. This may include, but is not limited to: - Municipal, Commission and School District buildings and facilities, - Playgrounds, playing fields, courts and associated field houses, - Construction and maintenance equipment and services, - Items identified in the Facilities and Service Inventory attached to the Master Joint Agreement as Appendix `B". - Program development and delivery. - Distribution of public information on services, etc. Develop and implement a process for the joint planning and review of the budgets of each Partner with respect to matters impacted by joint agreements. Budgetary planning and review shall be an ongoing function performed on a periodic basis, as determined by the Standing Committee, and shall be focused to minimize the impact of all joint programs and facilities on taxpayers. Develop programs and public relations literature for the purpose of promoting the concept of Joint Use, Joint Cooperation/Coordination and Specific Agreements as appropriate. Reporting The Committee shall report to the Governing Bodies, on an annual basis, regarding their review of the agreements, any significant issues flowing from their review and on current and future planning issues being addressed by the Committee. The Committee shall make recommendations from time to time respecting the development or monitoring of Joint Agreements. Monitoring The Committee shall monitor the implementation and application of agreements, the financial impacts of the agreements on the Partners, issues of equity between the Partners, and make such recommendations as it deems appropriate regarding these items and the terms of the agreement. Organization The members of the Committee shall elect a chairperson. The Committee shall be supported by a Committee Clerk provided on an alternating basis by the parties. 16 The Committee may be augmented by other staff persons, for the development of particular agreements or parts thereof. There shall be no direct costs to the Committee for the involvement of such persons. The Committee may strike "Task Groups" to work on specific aspects of any activity related to the Committee's mandate. Procedures Meetings shall be at the call of the Chair. Policies A quorum shall consist of five of the eight members. Should there be any disagreement with resolutions reached by the Committee during a member's absence, the matter which is the subject of the disagreement shall be revisited by the Committee. If the Committee do not agree unanimously with a recommendation of the Commission on a significant issue, the issue shall be referred to the Governing Bodies of the Partners, in a format appropriate for their consideration. Issues referred in this manner shall reflect all options under consideration. The Committee shall identify any circumstance where existing policy of any of the governing bodies is breached or proposed to be breached. Committee Expenses The Partners shall share equally in the expenses of operating the Committee. 17 Appendix B Inventory of Shared Services, Facilities and Specific Agreements Existing 1. SRT Field SROW, Operating and Construction Agreements 2. Westview SROW, Operating and Construction Agreements 3. Thomas Haney Ownership and Operating Agreements 4. Thomas Haney and Garibaldi Tennis Court Agreement 5. Pitt Meadows Secondary Field SROW, Operating and Construction Agreements 6. MRSS Lacrosse Box Maintenance Agreement 7. MRSS Track Maintenance Agreement 8. Edith McDermitt Park and School Site Agreement 9. Eric Langton All Weather Field Maintenance Agreement (Expired Aug 17, 2009) 10. Alouette Park and School Site Agreement 11. Alexander Robinson Park and School Site Agreement 12. After School Active Kids Club Agreement 13. Eric Langton Hive Agreement 14. School Site Acquisition Agreement (to be revised) Proposed 15. Greg Moore Youth Centre — Alternate School 16. Merkley Park Maintenance Agreement Appendix C Baseline for the Measurement of Equity Joint Use of Public Facilities Total hours and value of "School Use" being made of Commission - indoor facilities - playing fields plus 2. Total value of school playing field maintenance provided by the Commission equaling Total hours and value of "Community Use" being made of School District - indoor facilities - playing fields less 4. Rental income charged to community groups as a user fee to offset the cost. Note: None of the above calculations will include the value of payments for extra staffing defined in J2 (i) and J2 (ii) of the Master Agreement. 19 41# 00- MAPLEI Deep Roots Greater Heights District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: 2010 06 03 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Lease of Lot 1 District Lot 399 GPI NWD LMP 12218 for Supportive Housing Project EXECUTIVE SUMMARY: Council will recall the District's earlier agreement to lease the above noted parcel to the Provincial Rental Housing Corporation for a supportive housing project. The general terms of the agreement were identified in the attached memorandum of understanding signed by both parties in September of 2008. The project is about to proceed to construction conditional upon receiving final reading for the rezoning bylaw for the property and finalization of the lease agreement. The intent of this report is to bring the lease agreement forward for approval. RECOMMENDATION(S): That the lease agreement attached to the 2010 06 03 report on this subject between the District of Maple Ridge and the Provincial Rental Housing Corporation for the lease of Lot 1 District Lot 399 GP1 NWD LMP 12218 be approved and the corporate officer be authorized to sign the agreement, subject to final adoption of the rezoning bylaw for the property. DISCUSSION: a) Background Context: As noted above the Memorandum of Understanding is attached as Schedule A to the lease agreement and is referred to within the lease to ensure consistency between the MOU and the Lease. Our lawyers have worked with lawyers from the Provincial Rental Housing Corporation -to finalize the agreement. All appropriate notices have been posted and the lease is ready to be signed. b) Desired Outcome(s): The desired outcome of this report is finalization of the required documentation and construction of the supportive housing project. c) Strategic Alignment: Addressing issues of homelessness and providing for the full continuum of supports necessary to get vulnerable residents off the street and back into positive lifestyles is certainly a goal of Council. This collaboration with the Provincial Government and the Alouette Homestart Society will provide one of the currently missing elements in Maple Ridge to address this need. d) Citizen/Customer Implications: The process of neighbourhood engagement has been considered through the rezoning process and commitments have been made to ensure ongoing community involvement and input to the operation of the supportive housing facility. Page 1 of 2 1152 e) Interdepartmental Implications: The Planning Department are working with the proponents to finalize all that is required to meet the conditions for final reading of the rezoning bylaw. Having an appropriate lease agreement in place is one of those conditions. f) Business Plan/Financial Implications: All costs related to the facility construction and operation will be borne by the Provincial Rental Housing Corporation. CONCLUSIONS: The finalization of the lease agreement is one further step toward beginning construction on a needed facility in the community. The lease reflects the terms negotiated in the original Memorandum of Understanding and it is therefore recommended that the agreement be signed subject to adoption of the rezoning by law. k Prepared d : Milk urray General Moager;.Community Development, Parks and Recreation Concurrence: J.L. (J' ) Rule Chief -minis MWM J Officer Page 2 of 2 LAND TITLE ACT FORM C (Section 233) Province of British Columbia _GENERAL INSTRUMENT - PART 1 (This area for Land Title Office use) Page 1 of 51 1. APPLICATION: (name, address, phone number and signature of Applicant, Applicant's solicitor or agent) John H. Fraser (Chris Robertson), Lawson Lundell, 1600 — 925 West Georgia Street, Vancouver, B.C. V6C 3L2 (604-685-3456) Client No. 10431 Signature of Applicant's Solicitor or Agent File Reference No. 18679-105742 BCHMC File No. 92958 pr6391 2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:* (PID) (Legal Description) 018-432-204 Lot 1 District Lot 399 GPI NWD LMP 12218 3. NATURE OF INTEREST:* DESCRIPTION DOCUMENT REFERENCE PERSON ENTITLED TO INTEREST (page and paragraph) Lease Entire Document Transferee 4. TERMS: Part 2 of this instrument consists of (select one only) (a) Filed Standard Charge Terms D.F. Number: (b) Express Charge Terms X Annexed as Part 2 (c) Release There is no Part 2 of this instrument A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2. 5. TRANSFEROR(S):* DISTRICT OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, B.C. V2_X 6A9 6. TRANSFEREE(S): (including occupation(s), postal address(es) and postal code(s))* PROVINCIAL RENTAL HOUSING CORPORATION (Inc. No. 52129) Suite 1701-4555 Kin swa Burnaby,B.C. V5H 4V8 7. ADDITIONAL OR MODIFIED TERMS:* N/A 8. EXECUTION(S):** This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any. EXECUTION DATE Officer Signature(s) (as to both signatures) Y M D DISTRICT OF MAPLE RIDGE by its authorized signatory(ies): Name: Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "SEE SCHEDULE' and attach schedule in Form E. ** If space insufficient, continue executions on additional page(s) in Form D. District of Maple Ridge / PRHC Lease - May 20, 2009 18679.105742. J H F.3368340.7 LAND TITLE ACT FORM D EXECUTIONS CONTINUED Page 2 of 51 Officer Signature(s) (as to both signatures) Officer Signature(s) (as to both signatures) EXECUTION DATE Y M D PROVINCIAL RENTAL HOUSING CORPORATION by its authorized signatory(ies): Name, Name: BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION by its authorized signatory(ies): Name: Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. District of Maple Ridge / PRHC Lease - May 20, 2009 18679.105742. J H F.3368340.7 3 of 51 TERMS OF INSTRUMENT - PART 2 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS AND INTERPRETATION......................................................... 8 ARTICLE 2 PAYMENT OF RENT........................................................................... 11 2.1 Basic Rent....................................................................................... 11 2.2 Net Lease....................................................................................... 11 2.3 Interest on Amounts in Arrears.............................................................. 11 2.4. Application of Section 2.3.................................................................... 11 ARTICLE 3 PAYMENT OF TAXES.......................................................................... 12 3.1 Payment of Realty Taxes if Lands Not Exempt ............................................ 12 3.2 Payment in Lieu of Realty Taxes if Lands Exempt ........................................ 12 3.3 Right to Appeal Assessment.................................................................. 12 3.4 Business Tax and License Fees............................................................... 12 3.5 Other Taxes.................................................................................... 12 3.6 Pro -rating Obligations......................................................................... 13 ARTICLE 4 CONSTRUCTION OF BUILDING............................................................... 13 4.1 Lessee to Construct Building................................................................. 13 4.2 Substantial Completion of Building......................................................... 13 4.3 Termination of Lease on Failure to Construct ............................................. 14 4.4 Landscaping.................................................................................... 14 4.5 Alterations After Substantial Completion .................................................. 14 4.6 Unavoidable Delays............................................................................. 14 ARTICLE 5 BUILDERS LIENS................................................................................ 15 5.1 Builders Liens.................................................................................. 15 5.2 Discharge of Builders Liens................................................................... 15 5.3 Notice by Lessor............................................................................... 15 ARTICLE 6 RESTRICTIONS ON OPERATIONS AND USE .................................................. 16 District of Maple Ridge / PRHC Lease - May 20, 2009 18679.105742.J H F.3368340.7 4of51 6.1 Use............................................................................................... 16 6.2 No Nuisance.................................................................................... 16 6.3 No Subdivision.................................................................................. 16 6.4 Operator Agreement/ Eligible Occupant Document ...................................... 16 6.5 Enforcement of Operator Agreement....................................................... 17 6.6 Constitution.................................................................................... 17 6.7 Restriction on Contracting................................................................... 17 6.8 Permitted Encumbrances..................................................................... 18 6.9 Obligations of the Commission.............................................................. 18 ARTICLE 7 REPAIRS AND MAINTENANCE................................................................. 18 7.1 Lessor Not Obliged to Repair................................................................. 18 7.2 Repairs by the Lessee......................................................................... 18 7.3 Removal of Ice and Snow from Sidewalks .................................................. 19 ARTICLE 8 ADDITIONAL RENT............................................................................ 20 8.1 All Defaults in Payment as Additional Rent ................................................ 20 ARTICLE9 INSURANCE.................................................................................... 20 9.1 Insurance During Construction of Building ................................................. 20 9.2 Commercial General Liability Insurance ................................................... 21 9.3 All Risk Property, Pressure Vessel and Rental Income Insurance ....................... 21 9.4 Insurance - Additional Provisions............................................................ 21 9.5 Evidence of Insurance.......................................................................... 22 9.6 Payment of Loss Under Insurance Policies ................................................. 22 9.7 Workers Compensation Coverage............................................................ 23 9.8 Release of Lessor and Commission from Liability for Insured Loss or Damage ....... 23 ARTICLE 10 DAMAGE OR DESTRUCTION................................................................. 24 10.1 Rent Not to Abate............................................................................. 24 10.2 Lessee's Obligation When Building Partially Damaged or Destroyed ................... 24 10.3 Lessee's Obligations When Building Completely or Substantially Destroyed.......... 24 District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 5 of 51 10.4 Replacement, Repair or Reconstruction................................................... 24 10.5 Special Provisions Where Approved Lender or Corporation is Mortgagee ............. 24 10.6 Destruction or Damage During Last Five Years of Term .................................. 26 ARTICLE 11 INSPECTION AND EXHIBITION BY LESSOR ................................................. 27 11.1 Inspection by Lessor and Commission ...................................................... 27 11.2 Exhibition by Lessor........................................................................... 27 ARTICLE 12 OBSERVANCE OF GOVERNMENTAL REGULATIONS ....................................... 28 12.1 Compliance..................................................................................... 28 ARTICLE 13 RIGHTS OF LESSOR AND LESSEE........................................................... 28 13.1 As Landlord and Tenant....................................................................... 28 13.2 Air Space Parcel Considerations............................................................. 28 ARTICLE 14 EXCLUSION OF LIABILITY AND INDEMNITY ............................................... 29 14.1 Limitation of Liability and Release.......................................................... 29 14.2 Exclusion of Liability.......................................................................... 29 14.3 Indemnification................................................................................ 29 14.4 Indemnification Survives Termination of Lease ........................................... 30 ARTICLE 15 SUBLETTING AND ASSIGNING.............................................................. 30 15.1 Subletting and Assigning by Lessee......................................................... 30 15.2 Copies of Subleases............................................................................ 30 15.3 Where Mortgagee is Approved Lender, Commission or Corporation .................... 30 ARTICLE16 MORTGAGE..............„.................................................................... 31 16.1 Mortgaging by Lessee......................................................................... 31 16.2 Tripartite Agreement......................................................................... 31 ARTICLE 17 BANKRUPTCY OF LESSEE................................................................... 31 17.1 Bankruptcy of Lessee......................................................................... 31 ARTICLE 18 DEFAULT BY LESSEE......................................................................... 32 18.1 Re-entry on Certain Defaults by Lessee .................................................... 32 18.2 Notice to and Remedies of Mortgagee...................................................... 32 District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 6of51 18.3 Remedies of Lessor and the Commission are Cumulative ................................ 35 18.4 Waiver by Lessor and Commission........................................................... 36 ARTICLE19 ARBITRATION................................................................................ 36 19.1 Arbitration...................................................................................... 36 ARTICLE 20 SURRENDER OF LEASE...................................................................... 36 20.1 Surrender of Lease............................................................................ 36 ARTICLE 21 QUIET ENJOYMENT, OWNERSHIP OF TENANTS' FIXTURES AND OWNERSHIP OF BUILDING................................................................................................... 37 21.1 Covenant for Quiet Enjoyment.............................................................. 37 21.2 Ownership of Tenant's Fixtures ............................................................. 37 21.3 Ownership of Building......................................................................... 37 ARTICLE 22 OVERHOLDING............................................................................... 37 22.1 Overholdi ng..................................................................................... 37 ARTICLE 23 ADDITIONAL RIGHTS OF THE COMMISSION ............................................... 38 23.1 Notice to Commission......................................................................... 38 23.2 Rights of Commission Not Limited.......................................................... 38 23.3 Commission May Perform Obligations of Lessee .......................................... 38 ARTICLE 24 ENVIRONMENTAL MATTE:RS................................................................. 38 24.1 Definitions....................................................................................... 38 24.2 Lessee's Covenants and Indemnity.......................................................... 39 ARTICLE25 NOTICES...................................................................................... 40 25.1 Notices.......................................................................................... 40 ARTICLE 26 MISCELLANEOUS............................................................................. 41 26.1 Statements by Lessor......................................................................... 41 26.2 Easements...................................................................................... 41 26.3 Representations and Warranties of the Lessee ............................................ 41 26.4 Time of Essence................................................................................ 41 26.5 Formality of Modifications................................................................... 41 District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 7of51 26.6 Captions and Headings........................................................................41 26.7 Enurement...................................................................................... 42 26.8 Covenants or Conditions...................................................................... 42 26.9 References......................................................................................42 26.10 Execution.................................................................................... 42 ARTICLE 27 RENEWALS.................................................................................... 42 27.1 Renewals........................................................................................42 SCHEDULE "A" - Memorandum of Understanding..................................................................43 SCHEDULE"B" - Plan of Building............................................................................................51 District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 8of51 WHEREAS: A. Pursuant to a Memorandum of Understanding, a copy of which is attached hereto as Schedule "A", between the Lessor and the Commission (the "MOU"), the Lessor and the Commission wish to see the Lands used to provide housing for persons with special housing requirements and/or limited income and the Lessee wishes to provide housing for this purpose and agrees to lease the Lands for this purpose. B. The Commission, a representative of the Province, has agreed to provide financial assistance for the operating costs of the Building and the programs to be offered to the residents of the Building. C. The Lessor is the owner of the Lands and has agreed to lease to the Lessee the Lands for the Term upon the terms, conditions and provisos herein so that the Lessee may renovate or construct the Building and otherwise use, occupy and enjoy the Lands. WITNESS that in consideration of the rents reserved and the covenants and agreements set forth below, the parties agree as follows: THE LESSOR HEREBY DEMISES AND LEASES UNTO THE LESSEE AND THE LESSEE DOES HEREBY TAKE AND RENT THE LANDS, TO HAVE AND TO HOLD THE LANDS UNTO THE LESSEE FOR AND DURING THE TERM AS HEREIN PROVIDED. AND IN CONSIDERATION OF THE 'SUM OF TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION PAID AND PROVIDED BY THE COMMISSION TO BOTH THE LESSOR AND THE LESSEE, BOTH THE LESSOR AND THE LESSEE COVENANT AND AGREE WITH THE COMMISSION THAT THE COMMISSION WILL HOLD AND ENJOY THE RIGHTS, BENEFITS, PRIVILEGES, AUTHORITY AND DISCRETIONS GRANTED TO THE COMMISSION IN THIS LEASE. ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 Capitalized terms used in this Lease have the meanings specified in this section 1.1, unless otherwise provided in this Lease: (a) "Additional Rent" means all sums, costs, expenses and other amounts, if any, payable by the Lessee to the Lessor pursuant to this Lease, including, without limitation, Realty Taxes, payments in lieu of Realty Taxes, Utilities and all sums payable by way of indemnity under this Lease, but excluding Basic Rent; (b) "Air Space Parcel Charges" means, where the Lands are an air space parcel, all easements, statutory rights of way and other charges which are Permitted Encumbrances that are registered against the Lands in priority to this Lease in the course of creating such air space parcel; (c) "Alterations" means all alterations, changes, replacements, substitutes, additions and improvements to the Building; (d) "Approved Lender" means any Mortgagee approved by Canada Mortgage and Housing Corporation for the purpose of making loans under the National Housing Act (Canada); District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 9of51 (e) "Architect" means the architect qualified as such pursuant to the laws of the province of British Columbia who is supervising the design, construction, repair, renovation and/or reconstruction of the Building; (f) "Basic Rent" means ten dollars ($10.00); (g) "Building" means the building(s) shown on the plan attached hereto as Schedule "B" and all other structures to be constructed on the Lands, together with all Alterations or repairs thereto and all improvements from time to time constructed upon or affixed or appurtenant to the Lands; (h) "City" means the municipality and corporation of the District of Maple Ridge; (i) "Commencement of Construction" means the later of the date when the first building permit for the Building is issued to the Lessee by the City and the date when the Lessee's contractor commences any work on the Lands related to construction of the Building; (j) "Commission" means British Columbia Housing Management Commission or its successors in function; (k) "Corporation" means Canada Mortgage and Housing Corporation or its successors in function, or the Commission; (l) "Eligible Occupant" means a person who, during the time that such person is a tenant in the Building, meets the criteria prescribed in an Operator Agreement or prescribed in a separate document provided by the Commission that is approved in writing by the Lessor and delivered to the Lessee from time to time; (m) "General Instrument" means the Form C - Land Title (Transfer Forms) Regulation pursuant to the Land Title Act (British Columbia), and all schedules and addenda to the Form C; (n) "Insured Loan" means a loan in respect of which an insurance policy has been issued under the National Housing Act (Canada) and is in force; (o) "Interest Adjustment Date" means the date from which the principal amount of the Insured Loan together with interest thereon becomes payable by regular instalments; (p) "Lands" means all of the Lessor's interest in the land described in the General Instrument, including every incidental right, benefit or privilege attaching to that land or running with it; (q) "Lease" means this Lease; (r) "Lease Commencement Date" means the date this Lease is registered at the Lower Mainland Land Title Office; (s) "Lessee" means PRHC, and includes any person to whom the Lessee assigns this Lease in accordance with the terms of this Lease; (t) "Lessor" means the District of Maple Ridge; District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 10 of 51 (u) "Losses" means liabilities, actions, statutory or other proceedings, judgments, investigations, claims, losses, damages, orders, fines, penalties, expenses, professional and other fees and disbursements, and costs; (v) "Mortgage" means a registered mortgage or registered mortgages granted by the Lessee in accordance with section 16.1 upon or in respect of the interest of the Lessee in the Lands and the Building or any part thereof and includes any deed of trust and mortgage to secure any bonds or debentures issued thereunder; (w) "Mortgagee" means a mortgagee or mortgagees under a Mortgage and includes any trustee for bondholders or debenture holders under a deed of trust and mortgage to secure any bonds or debentures issued thereunder; (x) "Operator" means a non-profit organization with which the Commission has entered into an Operator Agreement; (y) "Operator Agreement" means an agreement or agreements entered into or to be entered into between the Commission and an Operator that relates to the management of the Building and the support services to be provided to the Eligible Occupants; (z) "Permitted Encumbrances" means the charges and encumbrances, if any, registered on title on the Lease Commencement Date and any other charges specifically approved in writing by both.the Commission and the Lessor; (aa) "Personnel" of a party means the elected officials and directors, as applicable, officers, employees, servants and agents of that party; (bb) "Province" means Her Majesty the Queen in Right of the Province of British Columbia; (cc) "PRHC" means the Provincial Rental Housing Corporation; (dd) "Prime Rate" means the floating annual percentage rate of interest established from time to time by the main branch of the Bank of Montreal located in Vancouver, British Columbia, or its successor, as the base rate that will be used to determine rates of interest charged by it for Canadian dollar loans to customers in Canada and designated by the Bank of Montreal as its "prime rate"; (ee) "Realty Taxes" means all assessments for taxes, rates, duties (including school taxes, local improvement rates and other charges levied pursuant to the Hospital District Finance Act (British Columbia), the Municipal Finance Authority Act (British Columbia) or otherwise) and all other charges for services used in or supplied to the Lands and the Building (including penalties and interest) that now are or will or may be levied, rated, charged or assessed against the Lands, the Building, and all other structures, machinery, equipment, facilities and other property of any nature whatsoever located thereon or therein,, charged by any municipal, parliamentary, legislative, regional, school or other authority; (ff) "Review Date" means the date on which the constitution and bylaws of the Lessee are approved in writing by the Commission; District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 11 of 51 (gg) "Term" means fifty (I50) years commencing on the Lease Commencement Date; (hh) "Trustee" means a trust company duly authorized to carry on business in the province of British Columbia and appointed by the Corporation, or the Lessor if the Corporation has no interest in the Lands and the Building, for the purposes of Article 9 of this Lease; and (ii) "Utilities" means all charges, rates and levies on account of utilities, including for heat, electricity, gas, telephone, television, internet and other costs and expenses of a similar nature, and, if not included in Realty Taxes, for water and garbage collection. 1.2 Any reference in this Lease, to legislation will be deemed to include all regulations thereto, all amendments and re-enactments thereof and all successor legislation. ARTICLE 2 PAYMENT OF RENT 2.1 Basic Rent The Lessee covenants and agrees with the Lessor to pay to the Lessor as rent the Basic Rent for the Term on the Lease Commencement Date. 2.2 Net Lease All Basic Rent and Additional Rent required to be paid by the Lessee hereunder will be paid at such location as the Lessor may stipulate from time to time without any deduction, abatement or set-off whatsoever, it being the intention of this Lease that: (a) all expenses, costs, payments and outgoings incurred in respect of the Lands, the Building and any other improvements on the Lands or for any other matter or thing affecting the Lands, will, unless otherwise expressly stipulated herein to the contrary, be borne by the Lessee; and (b) the Basic Rent and Additional Rent payable under this Lease will be absolutely net to the Lessor and free of all abatements, set-off or deduction of any costs, payments and outgoing of every nature arising from or related to the Lands, the Building, or any other improvements on the Lands, and the Lessee will pay or cause to be paid all such costs, payments and outgoings. 2.3 Interest on Amounts in Arrears When the Basic Rent, Additional Rent or any other amount payable hereunder by the Lessee to the Lessor is in arrears, such amount will bear interest at the Prime Rate plus three percent (3%) per annum, calculated and compounded monthly not in advance, from the date due until paid. Notwithstanding the foregoing, this section will not apply to defaults under sections 3.1 and 3.2. 2.4. Application of Section 2.3 Section 2.3 will apply only if the Commission is no longer obliged to provide operating assistance to the Building under the terms of the subsidy commitment contained in the Operator Agreement. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J HF.3368340.7 12 of 51 3.1 3.2 3.3 3.4 ARTICLE 3 PAYMENT OF TAXES Payment of Realty Taxes if Lands Not Exempt Save as otherwise provided in section 3.2, the Lessee will, during the Term, no later than the day immediately preceding the date or dates on which the Realty Taxes become due and payable, pay and discharge or cause to be paid and discharged the Realty Taxes and, if requested by the Lessor, will deliver to the Lessor for inspection receipts for payments of the Realty Taxes within fourteen (14) days of such payment. Not later than thirty (30) days following receipt of any tax assessment or notice the Lessor will deliver a copy of such assessment or notice to the Lessee. Payment in Lieu of Realty Taxes if Lands Exempt The Lessee covenants and agrees with the Lessor that if during the Term all or any part of the Lands, Building, structures, machinery, equipment and facilities thereon and therein and any other property of any nature whatsoever thereon and therein are exempt from Realty Taxes in whole or in part, then the Lessee will, in each and every year during the Term that such exemption occurs, pay to the Lessor as Additional Rent, at the same time as Realty Taxes would be payable if such exemption were not available, an amount equal to the amount that would be payable as Realty Taxes if such exemption were not available. Right to Appeal Assessment The Lessee will have the right from name, any assessment of the Land sections 3.1 and 3.2, provided that Lessee. Business Tax and License Fees time to time to appeal, in its own or the Lessor's s or Building or any Realty Taxes referred to in such appeal will be at the sole expense of the The Lessee covenants with the Lessor to pay or cause to be paid during the Term when due every tax and permit and license fee (including penalties and interest) in respect of any and every business carried on, in or upon the Lands or Building or in respect of the use or occupancy of the Lands or Building by the Lessee (and any and every sublessee, permittee and licensee), other than such taxes as corporate income, profits or excess profit taxes assessed upon the income of the Lessee (or such sublessee, permittee and licensee), whether such taxes or permit and license fees are charged by any municipal, parliamentary, legislative, regional or other authority. Other Taxes The Lessee will pay when due all goods and services taxes, value-added taxes, sales taxes and consumption based taxes, rates, levies and assessments, including penalties and interest, that are from time to time payable by the Lessee as a result of, or that would not be payable but for, its rights and obligations contained in this Lease, including but without derogating from the generality of the foregoing, such taxes, rates, levies and assessments payable as a result of any payment obligations herein of the Lessee to the Lessor. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 13 of 51 3.6 Pro -rating Obligations In the first and last years of the Term, the Lessee's obligations under sections 3.1 and 3.2 will be pro -rated according to the portion of the year included in the Term, such pro -rating to be on a per diem basis. ARTICLE 4 CONSTRUCTION OF BUILDING 4.1 Lessee to Construct Building The Lessee will construct the Building, together with other facilities ancillary thereto and connected therewith, on the Lands in substantial accordance with the drawings, specifications (including materials to be used), elevations, location on the Lands and exterior decoration and design and all other documents and information upon which the issuance of the building permits by the City are based and that have been approved by the Lessor and the Commission. No changes will be made to such drawings, specifications, elevations, location, exterior decoration and design, other documents or information, or to the requirements of such building permits without the approval of the Lessor and the Commission, provided that the Commission may approve minor changes allowed by the building permit(s) for the Building without the approval of the Lessor. 4.2 Substantial Completion of Building For the purposes of this Article 4, the Building will be deemed to have been substantially completed when the Architect has certified to, or otherwise satisfied, the Lessor and the Commission that, with respect to the Building: (a) all work of a structural nature has been properly completed; (b) all building equipment and services, including elevators (if any), heating systems and air-conditioning systems (if any), and utilities have been completed, are operating properly and are available for use by tenants of the Lessee, and all lobbies, stairwells and other areas intended for the common use of tenants of the Lessee are completed except for work of a superficial nature, which is both minor in character and of a type that, owing to the likelihood of damage, may reasonably be deferred until the Building is partially or substantially occupied by tenants of the Lessee; (c) all building bylaws and regulations of the City have been complied with by the Lessee; (d) all rentable space is completed for occupancy except for work of a superficial nature that is dependent upon unascertained requirements of individual tenants of the Lessee, and work that is reasonably and customarily performed by tenants of the Lessee; (e) all areas are clean and all surplus building material and rubbish have been removed; (f) the Building is in a condition in which it can be occupied by tenants of the Lessee, and any work that is still unfinished can be completed promptly and is District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 14 of 51 work the incompletion of which will not be objectionable to a tenant of the Lessee acting reasonably; (g) the Building has been constructed in all respects in a good and workmanlike manner and in accordance with the drawings and specifications, location on the Lands and the exterior decoration and design approved in writing by the Lessor, and in compliance with all building permits issued by the City; and (h) a certificate of completion has been issued in respect of the Building pursuant to the Builders Lien pact (British Columbia). 4.3 Termination of Lease on Failure to Construct Subject to sections 4.6 and 18.2 and Article 23, the Lessee agrees with the Lessor that if Commencement of Construction has not taken place within one hundred and eighty (180) days of the Lease Commencement Date, or if construction of the Building is not substantially completed in accordance with the requirements of section 4.1 within one hundred and eighty (180) days after the second anniversary of the Lease Commencement Date, the Lessor will have the option at any time thereafter to terminate this Lease, and in such event this Lease will terminate and be of no further force or effect and without any reimbursement or compensation to the Lessee, unless the Lessor consents in writing to extend the deadline for Commencement of Construction, such consent not to be unreasonably withheld. 4.4 Landscaping Within one hundred and eighty (180) days of substantial completion of the Building, the Lessee will landscape the Lands and thereafter maintain the landscaping in accordance with landscaping plans that have been approved by the Commission. 4.5 Alterations After Substantial Completion After substantial completion of the Building, the Lessee will not make or permit to be made any Alterations affecting the structure of the Building or the exterior appearance of the Building without the written approval of the Lessor and the Commission, which approval the Lessor and the Commission will not unreasonably withhold. No Alterations involving an estimated cost of more than Two Hundred Thousand Dollars ($200,000.00) (in 2008 dollars) will be undertaken until the Lessee has submitted or caused to be submitted to the Lessor and the Commission such drawings, specifications (including the materials to be used), elevations (where applicable), locations (where applicable), exterior decoration and design and such other documentation and information as the Lessor and the Commission may request in connection with the proposed Alterations, and until all of the same have been approved in writing by the Lessor and the Commission, which approval the Lessor and the Commission will not unreasonably withhold. The Lessee covenants and agrees with the Lessor and the Commission that, subject to section 4.6, all Alterations undertaken by or for the Lessee once begun will be prosecuted with due diligence to completion. 4.6 Unavoidable Delays If, by reason of strike, lock -out or other labour dispute, material or labour shortage not within the control of the Lessee, fire, explosion, flood, wind, water, earthquake, act of God or other similar circumstances beyond the reasonable control of the Lessee and not avoidable by the exercise of reasonable effort or foresight by the Lessee, the District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 15 of 51 Lessee is, in good faith and without default or neglect on its part, prevented or delayed in achieving Commencement of Construction or substantial completion of the Building in accordance with section 4.2 or the repair of the Building or any part or parts of the Building which under the terms of this Lease the Lessee is required to do by a specified date or within a specified time, the date or period of time within which such work was to have been completed will be extended by the Lessor by a reasonable period of time at least equal to that of such prevention or delay, and the Lessee will not be deemed to be in default if it performs and completes the work in the manner required by the terms of this Lease within such extended period of time or within such further extended period of time as may be agreed upon from time to time between the Lessor, the Lessee and the Commission. ARTICLE 5 BUILDERS LIENS 5.1 Builders Liens In connection with all labour performed on or materials supplied to the Lands, including but not limited to the construction of the Building, the Lessee will comply with, and will cause any contractor hired by it to comply with, the provisions of the Builders Lien Act (British Columbia), and with all other statutes applicable in connection therewith and in force from time to time, including any provision or statute requiring or permitting the retention of portions of any sums payable by way of holdbacks. 5.2 Discharge of Builders Liens If and whenever any builders lien, or other lien or claim arises or is filed against the Lessor's interest in the Lands in connection with work, labour, services or materials supplied to or for the Lessee or for the cost of which the Lessee may in any way be liable, the Lessee will, within fifteen (15) days after receipt of notice of such lien or claim, procure the discharge thereof, and the discharge of any certificate of pending litigation registered in respect of any such lien or claim, by payment or giving security or in such other manner as may be required or permitted by law; provided, however, that in the event of a bona fide dispute by the Lessee of the validity or correctness of any claim for any such lien, the Lessee will not be bound by the foregoing, but will be entitled to defend against the same in any proceedings brought in respect thereof after first paying into a court of competent jurisdiction the amount claimed or sufficient security therefor, and such costs as the court may direct. The Lessor may pay and discharge any lien claim if, in its reasonable judgement, the Lands or the Lessor's interest in the Lands becomes liable to forfeiture or sale, or is otherwise in jeopardy. The Lessee will reimburse to the Lessor any amount paid by the Lessor in discharging a lien claim and the Lessor's reasonable expenses in connection therewith. 5.3 Notice by Lessor Pursuant to section 3(2) of the Builders Lien Act, the Lessor may file in the Land Title Office notice of its fee simple interest in the Lands and for all purposes of this Lease the construction of the Building by the Lessee will be deemed not to be done at the request of the Lessor. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 16 of 51 ARTICLE 6 RESTRICTIONS ON OPERATIONS AND USE 6.1 Use Unless otherwise agreed to in writing by the Lessor and the Commission, the Lessee covenants and agrees with the Lessor and the Commission that neither the Lands nor Building nor any part of the Lands or Building will be used for any purpose except that of housing Eligible Occupants, subject always to the laws, bylaws, regulations and permits governing the use of the Lands and Building from time to time. Neither the Lands nor Building nor any part of the Lands or Building will be used for business, trade or manufacture without the written approval of the Lessor and the Commission, which approval the Lessor and the Commission may arbitrarily withhold. If, however, the Lessor and the Lessee determine that it is not practical or commercially reasonable to continue to carry on the use described in section 6.1, the Lessee may commence to use and occupy the Lands and Building for another use, including a commercial use that is approved by the Lessor, subject always to the laws, bylaws, regulations and permits governing the use of the Lands and the Building from time to time, and if it elects to do so: (a) the Basic Rent will be adjusted, from time to time, to reflect the fair rental value of the Lands, without reference to the Building, given the use to which the Lands and Building are put, from time to time. If the parties cannot agree on the Basic Rent or -the dates when the Basic Rent is to be adjusted, the Basic Rent and/or adjustment dates will be settled by arbitration pursuant to Article 19; and (b) the Lands and Building will not be exempt from Realty Taxes. 6.2 No Nuisance The Lessee will not carry on, or suffer or permit to be carried on, upon the Lands anything which would constitute a nuisance to the Lessor or to any neighbouring properties or their owners or occupants provided, however, that the occupation of the Lands and Building by Eligible Occupants shall not constitute a nuisance. 6.3 No Subdivision The Lessee covenants that it will not subdivide the Lands or the Building pursuant to the Strata Property Act (British Columbia). 6.4 Operator Agreement/ Eligible Occupant Document It is a condition of this Lease that either: (a) if neither the Lessee, nor the Commission on behalf of the Lessee, operates and manages the Lands and the Building, the Commission will enter into an Operator Agreement, which Operating Agreement will, among other things, set out the criteria for Eligible Occupants in accordance with the terms of the MOU; or (b) if the Lessee, or the Commission on behalf o the Lessee, operates and manages the Lands and the Building, the Commission will prepare and obtain the City's District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 17 of 51 approval of a document setting out the criteria for Eligible Occupants in accordance with the terms of the MOU; and no part of the Building may be used or occupied for any purpose unless at the relevant time there is a City approved Operating Agreement in place under (a) or a City approved document under (b). The Commission will obtain the Lessor's written approval of the Operator Agreement before entering into the Operator Agreement and will not amend the Operator Agreement without the prior written approval of the Lessor. 6.5 Enforcement of Operator Agreement If an Operator Agreement is entered into, the Commission will: (a) cause the Operator to operate the Lands and Building on a non-profit basis such that there will be no accumulation of funds in excess of those needed to construct the Building and operate and manage the Lands and the Building in the manner approved by the Commission; and (b) cause the Operator to use the Lands and the Building at all times in a manner that complies with the Lessee's obligations contained in this Lease. 6.6 Constitution The Lessee agrees that without the prior written consent of the Commission, it will not amend or permit its constitution to be amended or varied in any way from the constitution filed in the British Columbia Corporate Registry as of the Review Date. If the Review Date is not established by the Commission, the Lease Commencement Date will be deemed to be the Review Date. 6.7 Restriction on Contracting The Lessee covenants that: (a) it will not pay directly or indirectly to any of its directors or their relatives by blood or marriage (including common-law marriage) any money obtained from the operation of the Lands or the Building, or from the operation of other premises leased from the Lessor, or otherwise received from the Lessor, the Commission or the Province, without the express written consent of the Lessor, the Commission and/or the Province, as the case may be; (b) it will not, by contract or otherwise, pay to any of its former directors or their relatives by blood or marriage (including common-law marriage), pursuant to any contract or arrangement made when the former director was a director of the Lessee, money obtained from the operation of the Lands or the Building, or from the operation of other premises leased from the Lessor, or otherwise received from the Lessor, the Commission or the Province, without the express written consent of the Lessor, the Commission and/or the Province, as the case may be; (c) subject to sub -paragraphs (a) and (b), the Lessee may enter into bona fide arm's length contracts with occupants of the Building for the provision of District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 18 of 51 services in furtherance of the good management of the Lands and the Building; and (d) notwithstanding the foregoing, the Lessee may reimburse its directors or occupants of the Building for out-of-pocket expenses incurred for the proper management of the Lands or the Building but only upon the proof of such expenditure by the production of bona fide receipts. The Lessor may not terminate this Lease on account of a breach of this section 6.7 but such directors will forthwith and forever be disqualified from such directorship. 6.8 Permitted Encumbrances The Lessor and the Lessee covenant and agree that, during the Term, the Lessee, at its expense, will perform and observe all of the obligations of the Lessor and may enjoy all of the rights of the City as Lessor (but not those rights of the City in its regulatory capacity) set out in the Permitted Encumbrances. None of the Permitted Encumbrances will merge or be deemed to have merged with the Lessor's title to the Lands, and accordingly all Permitted Encumbrances will be deemed to be in full force and effect. The Lessor will execute such documents as might reasonably be requested by the Lessee to enable it to comply with its obligations and to enjoy its rights in respect of the Permitted Encumbrances. The Lessee further covenants and agrees with the Lessor that if the City exercises any of its rights in its regulatory capacity under the Permitted Encumbrances, such exercise will not be a breach of the Lessor's covenant for quiet enjoyment. 6.9 Obligations of the Commission The Commission will: (a) cause the Operator to use the Lands and the Building in a manner that is consistent with the Lessee's obligations contained in section 6.1; (b) cause the Operator to operate the Building on a non-profit basis such that there will be no accumulation of funds in excess of those needed to operate and manage the Lands and building in the manner approved by the Commission; and (c) provide the Lessor with current copies of the Operator Agreement upon the request of the Lessor. ARTICLE 7 REPAIRS AND MAINTENANCE 7.1 Lessor Not Obliged to Repair The Lessor will not be obliged to furnish any services or facilities or to make repairs or Alterations in or to the Lands or the Building, and the Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Lands and the Building and all expenses related thereto. 7.2 Repairs by the Lessee District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 19 of 51 Reasonable wear and tear excepted, so long as the reasonable wear and tear does not unreasonably affect the exterior appearance of the Building: (a) the Lessee at the Lessee's cost and expense will put and keep in good order and condition, or cause to be put and kept in good order and condition, the Lands and Building (and any equipment located thereon and therein), both inside and outside, !including but not limited to fixtures, walls, foundations, roofs, vaults, stairways, elevators (if any) and similar devices, heating and air conditioning equipment, sidewalks, yards and other like areas, water and sewer mains and connections, water, steam, gas and electric pipes and conduits, and all other fixtures and appurtenances to the Lands and the Building and machinery and equipment used or required in the operation thereof, whether or not enumerated herein, and will, in the same manner and to the same extent as a prudent owner, make any and all necessary repairs and, subject to section 4.5, Alterations, ordinary or extraordinary, foreseen or unforeseen, structural or otherwise, and keep the Building and any and all fixtures and equipment therein fully usable for the purposes for which the Building was constructed. Such repairs and Alterations will be in all respects to a standard at least substantially equal in quality of material and workmanship to the original work and material in the Building, and will in each case be performed only in accordance with all applicable terms and conditions of the Permitted Encumbrances; (b) the Lessee will not commit or suffer waste to the Lands or the Building or any part thereof; (c) at the expiration or earlier termination of this Lease, the Lessee will, except as otherwise expressly provided herein, surrender and deliver up the Lands with the Building, and the fixtures, appurtenances and equipment thereon and therein, or any replacements or substitution therefor, in good order and condition; and (d) if the Lessee does not fulfil its obligations set out in this Article 7, the Lessor or the Commission, through their agents, servants, contractors and subcontractors, may, but will not be obliged to, enter (without hindrance by the Lessee) upon the Lands and the Building as required for the purpose of making any repairs necessary to put the Lands and the Building in good order and condition, provided that the Lessor or the Commission will make such repairs only after giving the Lessee not less than fourteen (14) days written notice of its intention to do so, except in the case of an emergency when no notice will be required. Any costs and expenses (including overhead costs) incurred by the Lessor or the Commission in making such repairs to the Lands and Building will be reimbursed to the Lessor or the Commission, as the case may be, by the Lessee on demand, together with interest at the Prime Rate plus three percent (3%) per annum, calculated and compounded monthly, from the date incurred until the date paid. 7.3 Removal of Ice and Snow from Sidewalks The Lessee covenants and agrees with the Lessor that if the Lessee at any time fails to keep the public sidewalk adjacent to the Lands reasonably clean from rubbish, ice and snow during the times and to the extent lawfully required of an owner, the Lessor, through its agents, servants, contractors and subcontractors, may remove such District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 20 of 51 rubbish, ice and snow and the Lessor will not be required to give the Lessee any notice of its intention to do so. Any costs and expenses incurred by the Lessor in removing such ice and snow will be reimbursed to the Lessor by the Lessee on demand, together with interest at the Prime Rate plus three percent (3%) per annum, calculated and compounded monthly, from the date incurred until paid. ARTICLE 8 ADDITIONAL RENT 8.1 All Defaults in Payment as Additional Rent If the Lessee defaults in the payment of any sums required to be paid by it pursuant to the terms of this Lease, or fails to fulfil any of its obligations under this Lease, the Lessor may (but will be under no obligation to) pay such sums or fulfil such, obligations on behalf of the Lessee, and any losses, costs, charges and expenses suffered by the Lessor as a result, including sums payable by way of indemnity, whether or not expressed in this Lease to be rent, may at the option of the Lessor be treated as and deemed to be Additional Rent, in which event the Lessor will have all remedies for the collection of such sums, costs, expenses or other amounts when in arrears as are available to the Lessor for the collection of rent in arrears. ARTICLE 9 INSURANCE 9.1 Insurance During Construction of Building Prior to the Commencement. of Construction of the Building, and throughout the entire period of construction until substantial completion of the Building pursuant to section 4.2, the Lessee will effect or will cause its contractor or contractors to effect and maintain in full force the following insurance coverage: (a) wrap-up liability insurance with limits of not less than Five Million Dollars ($5,000,000), or such other amount as the Lessor or the Commission may require from time to time, per occurrence, issued in the joint names of the Lessee, the Lessor, the Commission, the Lessee's contractors, any subcontractors and their respective Personnel, protecting them against claims for bodily injury, death or property damage or other third party or public Liability claims arising from any accident or occurrence upon, in or about the Lands from any cause, including the risks occasioned by the construction of the Building; and (b) all-risk course of construction insurance issued in the joint names of the Lessee, the Lessor and the Commission, protecting them from all loss or damage of or to the Building and all fixtures, equipment, improvements and building materials on the Lands from time to time, both during and after construction (but which may be by different policies effected from time to time covering the risk during different phases of construction of the Building, provided that at no time will the Building be uninsured) against fire, earthquake, flood and all other perils from time to time customarily included in the usual all-risks builders' risk form of policy applicable to similar properties during construction and effected in the province of British Columbia by prudent owners, and such other perils as the Lessor or the Commission may reasonably District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 21 of 51 require to be insured against, to the full replacement value thereof at all times. 9.2 Commercial General Liability Insurance The Lessee will effect and keep in force commercial general liability insurance with limits of not less than Five Million Dollars ($5,000,000), or such other amount as the Lessor or the Commission may require from time to time, per occurrence, against public liability claims for bodily injury, death and property damage (including loss of use) arising from the Lessee's use and occupancy of the Building and from any occurrence or accident on the Lands or Building. Such insurance will be written on an occurrence basis and will provide for blanket contractual liability, including liability assumed by the Lessee under this Lease. The policy will also contain a cross liability or severability of interests clause and will name the Lessor, the Commission and their respective Personnel as additional insureds with respect to third party claims arising out of the Lessee's operations pursuant to this Lease. 9.3 All Risk Property, Pressure Vessel and Rental Income Insurance Immediately following substantial completion of the Building and at all times thereafter during the Term, the Lessee will effect and maintain property insurance in the joint names of the Lessor, the Commission and the Mortgagee (if any) as their interests may appear, to the full replacement value of the Building and fixtures on the Lands, protecting them against "All Perils" of loss or damage including flood, sewer backup and earthquake, and will include: (a) rental income insurance in an amount equal to the maximum annual rental income of the Building pursuant to the Operator Agreement; and (b) boilers and pressure vessels, protecting against usual and unusual perils, including damage caused by rupture of steam pipes. The policies described in this section 9.3 will contain a clause directing insurers to make losses payable to the Lessee, the Lessor, the Commission and the Mortgagee as their interests may appear. 9.4 Insurance - Additional Provisions The following provisions will apply to all policies of insurance which are referred to in this Article 9: (a) the policies will be primary and non-contributing with respect to any policy or self -insured fund otherwise held or established on behalf of the Lessor or the Commission; (b) the stated amount of value insured under property policies will be of sufficient amount that none of the Lessee, the Commission nor the Lessor will become co-insurers with respect to any loss claimed against the insurance; (c) each policy will be written on a form acceptable to the Lessor and the Commission and with insurers licensed to do business in the province of British Columbia and acceptable to the Lessor and the Commission; District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 22 of 51 (d) any deductible amounts applying to a claim against a policy will be of an amount approved by the Lessor and the Commission; (e) each policy will contain a clause requiring that the insurers provide to the Lessor and the Commission a minimum of sixty (60) days prior written notice of any cancellation (except for cancellation resulting from non-payment of premiums, in which ease applicable statutory provisions will apply); and (f) all premiums and deductibles required under said policies will be paid by the Lessee to the insurers and proof of such payment will be submitted to the Lessor and the Commission. In addition to the notification obligations of the insurers required by section 9.4(e), the Lessee will provide to the Lessor and the Commission a minimum of sixty (60) days prior written notice of any cancellation, lapse or material change resulting in reduction of coverage, either in whole or in part, in respect of any of the policies of insurance which are referred to in this Article 9. 9.5 Evidence of Insurance Prior to the Lease Commencement Date the Lessee will provide the Lessor and the Commission with evidence of all insurance required to be taken out pursuant to this Lease, in the form of one or more detailed certificates of insurance, in such form(s) and contents as the Lessor and the Commission requests. Each certificate of insurance must identify the Lease number, policy holder and subject matter, and must not contain any disclaimer. Thereafter, and throughout the Term, forthwith upon request by the Lessor or the Commission, similar evidence of renewals, extensions or replacement of such insurance will be provided in the form of such certificate(s) of insurance. In addition, if requested by the Lessor or the Commission at any time, the Lessee will forthwith deliver to the Lessor or the Commission, as applicable, a certified copy of each insurance policy requested. 9.6 Payment of Loss Under Insurance Policies The insurance monies payable under the policies of insurance referred to in this Article 9, will, notwithstanding the terms of the policy or policies, be paid to the Trustee on behalf of the Lessee, the Lessor, the Commission and the Mortgagee. The Lessee, the Lessor and the Commission agree that the Trustee will, subject to sections 10.5 and 10.6, pay for all restoration, reconstruction or replacement of the loss or damage in respect of which such insurance monies were paid to the Trustee out of such insurance monies in accordance with certificates of the Architect or such other person as the Lessee, the Lessor and the Commission may agree upon and who is in charge of such restoration, reconstruction or replacement, after receiving such other certificates, evidence or opinions as the Trustee will require for the purpose of being satisfied that such restoration, reconstruction or replacement is being properly carried out. If the Lessee fails to restore, reconstruct or replace the loss or damage in respect of which the insurance monies were paid to the Trustee within a reasonable time, the Lessor and the Commission will be entitled to effect such restoration, reconstruction or replacement and the Trustee will pay such insurance monies to the Lessor or the Commission in the same manner that the Trustee would have done had the Lessee effected such restoration, reconstruction or replacement. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 23 of 51 9.7 Workers Compensation Coverage At all times during the Term, the Lessee will, and will cause its Personnel and all others engaged in or upon any work on the Building or the Lands to, comply with the Workers Compensation Act (British Columbia) (the "WCA") and the requirements and regulations of WorkSafeBC in respect of the Building and the Lands. Without limiting the generality of the foregoing, the Lessee will: (a) require as a condition of any agreement made with respect to construction, repair, renovation or demolition of the Building, whether with contractors, materialmen or otherwise, that there is full workers compensation insurance coverage in place in respect of all workmen, employees, servants and others engaged in or upon any work, and that all workmen, contractors or other workers require the same of their workmen and subcontractors. The Lessee will immediately notify the Lessor and the Commission of any dispute involving third parties that arises in connection with obtaining and maintaining the workers compensation insurance coverage required hereby if such dispute results or may result in the required insurance coverage not being in place, and the Lessee will take all reasonable steps to ensure resolution of such dispute forthwith. The Lessee will further ensure that no amount payable pursuant to the WCA is left unpaid so as to create a lien on the Lands or the Building. If the workers compensation insurance coverage required by this section 9.7 is not in place, the Lessor and the Commission will be entitled to have recourse to all remedies specified in this Lease or at law or equity; and (b) be deemed to be, and is hereby designated and appointed by the Lessor as, the "Prime Contractor" as that term is defined in section 118 of the WCA for the purposes of the WCA and related regulations, including the Occupational Health and Safety Regulation (the "OHS Regulation"), and the requirements and regulations of WorkSafeBC, and will in that capacity strictly comply with all requirements applicable to that designation, including without limitation those set forth in Division 3 of Part 3 of the WCA and in sections 20.2 and 20.3 of the OHS Regulation, as they may be amended from time to time. Notwithstanding the foregoing, with the prior written consent of the Lessor, a contractor hired by the Lessee to perform work on the Lands on its behalf may be designated as the Prime Contractor instead of the Lessee. 9.8 Release of Lessor and Commission from Liability for Insured Loss or Damage The Lessee hereby releases the Lessor and the Commission and their respective Personnel, whether or not the Lessor, the Commission and their respective Personnel have been negligent, from any and all liability for loss or damage caused by any of the perils against which the Lessee will have insured or is obligated to insure pursuant to the terms of this Lease or any applicable law, the intent being that the Lessee's policies of insurance will contain a waiver of subrogation in favour of the Lessor and the Commission or, if the Lessee elects to self insure under section 9.9, the Lessee will release the Lessor and the Commission from any and all liability for loss or damage caused by the perils referred to in sections 9.1(b) and 9.2 to the same extent as if the Lessee had taken out insurance. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 24of51 ARTICLE 10 DAMAGE OR DESTRUCTION 10.1 Rent Not to Abate Subject to the provisions of sections 10.5 and 10.6, the partial destruction or damage or complete destruction by fire or other casualty of the Building will not result in the termination of this Lease or entitle the Lessee to surrender possession of the Lands or the Building or to demand any abatement or reduction of the Basic Rent or Additional Rent or other charges payable under this Lease, any law or statute now or in the future to the contrary notwithstanding. 10.2 Lessee's Obligation When Building Partially Damaged or Destroyed Subject to the provisions of sections 10.5 and 10.6 and any Air Space Parcel Charges applicable, the Lessee covenants and agrees with the Lessor and the Commission that in the event of partial damage to or partial destruction of the Building, the Lessee will either: (a) replace any part of the Building damaged or destroyed with a new structure in accordance with any agreement which may be made by the Lessee with the Lessor and the Commission; or (b) in the absence of any such agreement, repair or replace such damage or destruction to a standard comparable to the standard of the structure being repaired or replaced„ 10.3 Lessee's Obligations When Building Completely or Substantially Destroyed Subject to the provisions of sections 10.5 and 10.6 and any Air Space Parcel Charges applicable, the Lessee covenants and agrees with the Lessor and the Commission that in the event of complete or substantially complete destruction of the Building, the Lessee will either: (a) reconstruct or replace the Building with a new structure or structures in accordance with any agreement which may be made by the Lessee with the Lessor and the Commission; or (b) in the absence of any such agreement, replace the Building with a new structure or structures comparable to the structure or structures being replaced. 10.4 Replacement, Repair or Reconstruction Any replacement, repair or reconstruction of the Building or any part thereof pursuant to the provisions of section 10.2 or 10.3 will be made or done in compliance with section 4.5 and Article 7. 10.5 Special Provisions Where Approved Lender or Corporation is Mortgagee (a) If the Building is damaged or destroyed to the extent of at least twenty-five percent (25%) of the full replacement cost of the Building, and at the time of such damage or destruction the Mortgagee is an Approved Lender, and such Mortgagee notifies the parties that the insurance monies made available by District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 25 of 51 reason of the casually causing such damage or destruction will not be applied in repairing, reconstructing or replacing the Building, and the right to so elect is reserved to the Mortgagee under the terms of the Mortgage, then the Lessee may decline to repair, reconstruct or replace the Building and instead elect to terminate this Lease, provided that the Lessee makes such election within sixty (60) days after the (late on which the Building was so damaged or destroyed and notifies the Lessor and the Commission of its election forthwith after making it. If the Lessee does not elect to so terminate this Lease, then the Lessee will repair, reconstruct or replace the Building or any part thereof damaged or destroyed in accordance with section 10.2 or section 10.3, as the case may be, and section 10.4; (b) If the Mortgagee is the Corporation and it attorns to the Lessor as tenant and undertakes to be bound by and perform the covenants and agreements of the Lease, and subsequently during the Term the Building is damaged or destroyed to the extent of at least twenty-five percent (25%) of the full replacement cost of the Building, the Corporation as tenant may at its option either repair, reconstruct or replace the Building so damaged or destroyed or decline to repair, reconstruct or replace the Building and instead elect to terminate this Lease, provided that the Corporation as tenant makes such election within sixty (60) days after the date on which the Building was so damaged or destroyed and notifies the Lessor and the Commission of its election forthwith after making it. If the Corporation as tenant does not so elect to terminate this Lease, then the Corporation as tenant will repair, reconstruct or replace the Building or any part thereof damaged or destroyed in accordance with section 10.2 or section 10.3, as the case may be, and section 10.4; (c) As soon as reasonably possible, but not later than one hundred and eighty (180) days following the date of termination of this Lease by the Lessee pursuant to section 10.5(a) or section 10.5(b), the Lessee will demolish and completely remove the Building and all foundations and debris from the Lands and restore the Lands to a neat and level condition in a good and workmanlike manner. Any insurance money payable by reason of any fire or other casualty causing such destruction will, notwithstanding the provisions of Article 9, be distributed as follows: (i) firstly, to reimburse the Lessee for all costs and expenses necessarily incurred by the Lessee in the demolition and removal of the Building and all foundations and debris from the Lands and the restoration of the Lands as aforesaid; (ii) secondly, to pay and satisfy the Mortgage, if any; (iii) thirdly, to pay the balance of the insurance monies, if any, as follows: A. to the Lessor, the amount calculated as follows: amount payable = (balance of insurance monies) x (days in expired portion of the Term = total days in Term); and B. to the Lessee, the amount calculated as follows: amount payable = (balance of insurance monies) x (days remaining in the Term _ total days in Term), District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 26 of 51 provided however that any amount so payable to the Lessee will be paid directly to the Commission; (d) If this Lease is terminated pursuant to this section 10.5, then upon the Lessee substantially completing the work required by section 10.5((c), the Lessor will forthwith refund to the Commission a portion of the Basic Rent payable pursuant to this Lease, calculated as follows: amount payable = (Basic Rent) x (days remaining in the Term as of the date of such substantial completion of work : total days in the Term), provided however that the Commission hereby assigns such refund to all Mortgagees, if any, and such refund will be paid by the Lessor to such Mortgagees in the same priority as registration of their Mortgages, if any; (e) Notwithstanding anything contained herein, in the event the Lessee terminates this Lease in accordance with this section 10.5, this section will nevertheless survive such termination and remain in full force and effect and be binding upon the parties and their respective successors and assigns so long as any obligations of the parties under this section 10.5 or any part thereof remains unperformed; and (f) The provisions of this section 10.5 are subject always to the provisions of section 10.6. 10.6 Destruction or Damage During Last Five Years of Term (a) In the event of the complete or substantial destruction of the Building during the last five (5) years of the Term, the Lessee may, at its option, either reconstruct or replace the Building so destroyed or damaged in accordance with section 10.3 or decline to do so, and instead elect to terminate this Lease, provided that the Lessee makes such election within sixty (60) days after the date on which the Building was so destroyed and notifies the Lessor of its election forthwith after making it; (b) As soon as reasonably possible, but not later than one hundred and eighty (180) days following the date of termination of this Lease by the Lessee pursuant to section 10.6(a), the Lessee will demolish and completely remove the Building and all foundations and debris from the Lands and restore the Lands to a neat and level condition in a good and workmanlike manner. Any insurance money payable by reason of any fire or other casualty causing such destruction will, notwithstanding the provisions of Article 9, be distributed as follows: (i) firstly, to reimburse the Lessee for all costs and expenses necessarily incurred by the Lessee in the demolition and removal of the Building and all foundations and debris from the Lands and the restoration of the Lands as aforesaid; (ii) secondly, to pay and satisfy the Mortgage, if any; (iii) thirdly, to pay the balance of the insurance monies, if any, as follows: A. to the Lessor the amount calculated as follows: District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 27 of 51 amount payable = (balance of insurance monies) x (days in expired portion of the Term _ total days in Term); and B. to the Lessee the amount calculated as follows: amount payable = (balance of insurance monies) x (days remaining in the Term : total days in Term), provided however that any amount payable to the Lessee will be paid directly to the Commission; (c) If this Lease is terminated pursuant to this section 10.6, then upon the Lessee, substantially completing the work required by section 10.6(b), the Lessor will forthwith refund to the Commission a portion of the Basic Rent payable pursuant to this Lease, calculated as follows: amount payable = (Basic Rent) x (days remaining in the Term as of the date of substantial completion of such work : total days in the Term), provided however that the Commission hereby assigns such refund to all Mortgagees, if any, and such refund will be paid by the Lessor to such Mortgagees in the same priority as registration of their Mortgages, if any; and (d) Notwithstanding anything contained herein, in the event the Lessee terminates this Lease in accordance with this section 10.6, this section 10.6 will nevertheless survive such termination and remain in full force and effect and be binding upon the parties and their respective successors and assigns so long as any obligations of the parties under this section 10.6 or any part thereof remains unperformed. ARTICLE 11 INSPECTION AND EXHIBITION BY LESSOR 11.1 Inspection by Lessor and Commission The Lessor and the Lessee agree that it will be lawful for representatives of the Lessor and the Commission to enter the Lands and the Building at all reasonable times during the Term and to examine the condition thereof. If the Lessor or the Commission determines that any of the repairs described in section 7.2 are required, notice of such required repairs will be given by the Commission or the Lessor to the Lessee, and the Lessee will within fourteen (14) days after every such notice, or such longer period as provided in section 18.1(d), repair and make good accordingly. 11.2 Exhibition by Lessor During the final year of the Term, the Lessor will be entitled to display upon the Lands the usual signs advertising the Lands and Building as being available for purchase or lease, provided such signs are displayed in such a manner as not to unreasonably interfere with the Lessee's use and enjoyment of the Lands and the Building. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 28 of 51 ARTICLE 12 OBSERVANCE OF GOVERNMENTAL REGULATIONS 12.1 Compliance The Lessee covenants to competently and faithfully observe and comply with all laws, bylaws and lawful orders which apply to the Lands and the Building or the Lessee's occupation of or activities on the Lands or in the Building, and to not use or occupy or permit to be used or occupied the Lands or the Building or any part thereof for any illegal or unlawful purpose or in any manner which would result in the cancellation or threatened cancellation of any insurance, or in the refusal of any insurer to issue any insurance as requested. If any law, bylaw or lawful order is directed at or places a duty or obligation upon the Lessor, then the same will be performed and observed by the Lessee, at its cost, in the place and stead of the Lessor. ARTICLE 13 RIGHTS OF LESSOR AND LESSEE 13.1 As Landlord and Tenant All rights and benefits and all obligations of the Lessor and the Lessee under this Lease will be rights, benefits and obligations of the Lessor and the Lessee respectively in their capacities as landlord and tenant respectively under this Lease. 13.2 Air Space Parcel Considerations If the Building is going to be constructed in an air space parcel, the following provisions will apply: (a) the Lessee covenants with the Lessor to perform any obligation of the Lessor pursuant to any Air Space Parcel Charges; (b) each of the Lessee, the Lessor and the Commission acknowledges and agrees that it will not modify or replace the Air Space Parcel Charges without the prior written consent of the other parties; however, if any of the Air Space Parcel Charges contemplate future modification or replacement, if requested by the Lessor, the Lessee covenants with the Lessor that the Lessee will consent to such modification or replacement and perform the Lessor's obligations contained therein; (c) if the Lessor is obligated to pay the holders of the Air Space Parcel Charges for the value of any work or service benefiting the Lands and Building, the Lessee covenants with the Lessor to reimburse the Lessor for such amounts as Additional Rent, on demand; and (d) the Lessee covenants with the Lessor and the Commission, which will, at their option, be deemed to have an interest in all actions and arbitrations concerning the rights and obligations arising from the Air Space Parcel Charges, to promptly provide the Lessor and the Commission with written notice of all such actions and arbitrations and, if necessary, the Lessee covenants to consent to the Lessor and/or the Commission becoming a party to such actions or arbitrations. If the Lessee or the Commission may only be a party in the name of the Lessor, the Lessor covenants to permit such standing by the Lessee and the Commission in the Lessor's name. District of Mapte Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 29 of 51 14.1 ARTICLE 14 EXCLUSION OF LIABILITY AND INDEMNITY Limitation of Liability and Release Neither the Lessor nor the Commission nor their respective Personnel or contractors will be liable for, and the Lessee hereby releases the Lessor, the Commission and their respective Personnel and contractors from all Losses, including without limitation, Losses as a result of: (a) any bodily injury or death, however caused, suffered or sustained in or about the Lands or the Building; or (b) any property damage or other loss or damage of any nature whatsoever, however caused, to the Lands or the Building, or to any property belonging to the Lessee or to any other person in or about the Lands or the Building, whether such Losses arise from an respective rights or privileges herein respective negligence of the Lessor, contractors, as the case may be. 14.2 Exclusion of Liability exercise of the Lessor's or the Commission's or otherwise, unless directly resulting from the the Commission or their respective Personnel or Notwithstanding section 14.1, neither the Lessor nor the Commission nor their respective Personnel or contractors will be liable for: (a) consequential, business, economic or indirect loss or damage of any nature whatsoever, however caused, which may be suffered or sustained by the Lessee or any other person who may be in or about the Lands or the Building; or (b) any loss against which the Lessee is obligated to insure or has insured. 14.3 Indemnification The Lessee hereby agrees to indemnify and save harmless the Lessor, the Commission and their respective Personnel and contractors from and against all Losses which the Lessor, the Commission or their respective Personnel or contractors may suffer or incur arising out of, or in any way connected with, or that would not or could not be made or incurred but for this Lease; provided, however, that such indemnity will not apply to the extent, if any, to which such Losses directly result from the respective negligence of the Lessor, the Commission or their respective Personnel or contractors, as the case may be. Without derogating from the generality of the foregoing, the Lessee agrees to indemnify and save harmless the Lessor, the Commission and their respective Personnel and contractors in respect of all Losses: (a) as a result of bodily injury or death, property damage or other damage arising from the conduct of any work by or any act or omission of or relating to or arising from the occupation or possession of the Lands and the Building by the Lessee or any assignee, subtenant, Personnel, contractor, invitee or licensee of the Lessee; or (b) suffered or incurred by the Lessor, the Commission or their respective Personnel and contractors that arise, whether directly or indirectly, from any District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 30 of 51 breach by the Lessee, its Personnel, contractors or any other person for whom the Lessee is responsible in law, of any of its covenants and obligations under this Lease. 14.4 Indemnification Survives Termination of Lease The obligations of the Lessee to indemnify the Lessor, the Commission and their respective Personnel and contractors will apply and continue notwithstanding the termination or expiration of this Lease. ARTICLE 15 SUBLETTING AND ASSIGNING 15.1 Subletting and Assigning by Lessee The Lessee will not sublease, assign, transfer, sell or encumber the Lease or enter into any agreement for the purpose of sub -leasing, assignment, transferring, selling or encumbering the Lease, the Building or the Lands, except as expressly permitted in this Lease, or with the prior written consent of the Lessor and the Commission, which consent the Lessor and the Commission may arbitrarily withhold; provided, however, that if the Lessee is PRHC, the Corporation or a Mortgagee which is an Approved Lender, the Lessor and the Commission will not unreasonably withhold their consent. The Lessee may sublet or grant licences or other rights to occupy or use any part of the Building to: (a) Eligible Occupants; or (b) staff and other personnel authorized by the Lessor and the Commission who are required to operate and maintain the Building and the Lands for the purposes of this Lease and who are bona fide employees of the Lessee. 15.2 Copies of Subleases If requested by the Lessor or the Commission, a copy of any or all such subleases will be forwarded to the Lessor or the Commission, as the case may be, within thirty (30) days after the conclusion of each transaction, together with particulars of registration (if any) in the Land Title Office. 15.3 Where Mortgagee is Approved Lender, Commission or Corporation If a Mortgagee which is an Approved Lender, the Commission or the Corporation takes an assignment of the rents payable to the Lessee by holders of occupation rights granted by the Lessee pursuant to section 15.1, the Lessee is permitted to enter into such assignment of rents, without the consent of the Lessor or the Commission, as collateral or additional security for an Insured Loan, if such Mortgagee has registered that assignment in the Land Title Office as a charge against the interest of the Lessee in the Lands and the Building or any part thereof. The Lessor agrees that such an assignment of rents will have priority over any similar assignment of those particular rents granted to the Lessor by this Lease. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 31 of 51 ARTICLE 16 MORTGAGE 16.1 Mortgaging by Lessee The Lessee may mortgage its leasehold interest in the Lands and the Building only with the prior written consent of the Lessor, which consent may not be unreasonably withheld, and the Commission, which consent may be arbitrarily withheld. Notwithstanding any such Mortgage, the Lessee will be and remain liable for the payment of all Basic Rent and Additional Rent, and the performance of all of its obligations set out in this Lease. 16.2 Tripartite Agreement At the request of the Mortgagee, the Lessor will execute and deliver to the Mortgagee an agreement among the Lessee, the Lessor and the Mortgagee, or between the Lessor and the Mortgagee, which will be binding and enforceable against the Lessee (if a party thereto), the Lessor and the Mortgagee and their successors and assigns, whereby the Lessor will agree with the Mortgagee to afford to the Mortgagee the rights and remedies afforded to Mortgagees under this Lease. ARTICLE 17 BANKRUPTCY OF LESSEE 17.1 Bankruptcy of Lessee Subject to the provisions of section 18.2(c), if the Term is at any time seized or taken in execution by any creditor of the Lessee, or if the Lessee makes a general assignment for the benefit of creditors, or institutes proceedings to subject itself to the Winding -up and Restructuring Act (Canada) or to be adjudicated a bankrupt or insolvent, or consents to the institution of bankruptcy or insolvency proceedings against it, or files an application or petition or answer or consent seeking reorganization or readjustment of the Lessee under the Bankruptcy and Insolvency Act (Canada) or the Companies' Creditors Arrangement Act (Canada) or any law of Canada or any province thereof relating to bankruptcy or insolvency, or consents to the filing of any such application or petition, or consents to the appointment of a receiver, or if the Lessee or its directors pass any resolution authorizing the dissolution or winding -up of the Lessee, or if a receiver, interim receiver, trustee or liquidator of all or any part of the property of the Lessee is appointed or applied for by the Lessee, or if a judgment, decree or order is entered by a court of competent jurisdiction adjudging the Lessee a bankrupt or insolvent or subject to the provisions of the Winding -up and Restructuring Act or Bankruptcy and Insolvency Act or determining the proceedings for reorganization, arrangement, adjustment, composition, liquidation, dissolution or winding -up or any similar relief under the Bankruptcy and Insolvency Act or the Companies' Creditors Arrangement Act or any law of Canada or any province thereof relating to bankruptcy or insolvency has been properly instituted, then, subject to Section 23.1, this Lease will, at the option of the Lessor, immediately become terminated. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 32 of 51 ARTICLE 18 DEFAULT BY LESSEE 18.1 Re-entry on Certain Defaults by Lessee The Lessee, the Lessor and the Commission agree that, subject to the provisions of sections 18.2 and 23.1, if and whenever: (a) Basic Rent or any part thereof is not paid on the day appointed for payment thereof; or (b) the Lessee defaults in payment of Additional Rent or any other sums required to be paid to the Lessor or the Commission by any provision of this Lease, and such default continues for thirty (30) days following any specific due date on which the Lessee is to make such payment or, in the absence of such specific due date, for thirty (30) days following notice by the Lessor or the Commission requiring the Lessee to pay the same; or (c) the Building is abandoned or remains vacant for more than thirty (30) days; or (d) the Lessee defaults in performing or observing any of its other covenants or obligations under this Lease, or any contingency occurs which by the terms of this Lease constitutes a breach hereof or confers upon the Lessor the right to re-enter or forfeit or terminate this Lease, and the Lessor has given to the Lessee notice of such default or the happening of such contingency, and if at the expiration of forty-five (45) days after the giving of such notice the default or contingency continues to exist, or in the case of a default or contingency which cannot with due diligence be cured within the period of forty-five (45) days aforesaid, if the Lessee does not commence the rectification of such default or contingency within the said forty-five (45) day notice period and thereafter promptly and diligently and continuously proceed with such rectification; or (e) this Lease expires or is forfeited or terminated pursuant to any other provision contained herein, including, without restricting the generality of the foregoing, the termination of this Lease pursuant to the provisions of sections 4.3 or 10.5, then and in every such case, it will be lawful for the Lessor at any time thereafter without notice or demand, with or without process of law and by forced entry if necessary, to enter into and upon the Lands and the Building, or part thereof in the name of the whole, and, if this Lease has not already expired or been forfeited or terminated, to terminate this Lease by leaving upon the Lands notice in writing of such termination. If the Lessor terminates this Lease pursuant to this section 18.1, or otherwise as a result of default of the Lessee, or if the Lessee has forfeited this Lease, the Lessee will be liable to the Lessor for the rents and all other amounts to be paid and the covenants to be performed by the Lessee up to the date of such termination or forfeiture. 18.2 Notice to and Remedies of Mortgagee The following provisions will apply with respect to any Mortgagee: (a) no re-entry, termination or forfeiture of this Lease by the Lessor will be valid against the Mortgagee who has filed with the Lessor a notice of Mortgage and District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 33 of 51 specified an address for notice in accordance with Article 25, unless the Lessor has first given to the Mortgagee written notice of the default or contingency entitling the Lessor to re-enter, terminate or forfeit this Lease, specifying the nature of that default or contingency, and stating the Lessor's intention to take such proceedings and requiring the Mortgagee: (i) to cure the default or contingency specified in the notice within a period of sixty (60) days from the date of receipt of that notice by the Mortgagee; or (ii) if the default or contingency is other than the failure to pay Basic Rent or Additional Rent or any other sums required to be paid to the Lessor by any provision of this Lease, and if the default or contingency cannot reasonably be cured within such sixty (60) day period, then to immediately commence to cure the same and to diligently prosecute to conclusion all acts necessary to cure the default or contingency, and the Lessor hereby grants the Mortgagee access to the Lands and the Building for that purpose. If the default or contingency is cured within the period specified, or in the circumstances referred to in 18.2(a)(ii), if cured within a reasonable period, the Mortgagee will be entitled to continue as tenant for the balance of the Term remaining at the date of the notice of default or contingency providing that the Mortgagee attorns as tenant to the Lessor and undertakes to be bound by and to perform and observe all of the Lessee's obligations, covenants and agreements under this Lease until such Mortgagee as tenant assigns its leasehold estate as permitted by this Lease and delivers to the Lesson an agreement from the assignee which is enforceable and binding on the assignee and its heirs, executors, successors, administrators and assigns as of the date of the assignment and by which the assignee agrees with the Lessor to attorn as tenant to the Lessor and to be bound by and to perform and observe all of the Lessee's obligations, covenants and agreements under this Lease. If the Mortgagee consists of more than one mortgagee, each having a separate charge upon the Lessee's interest in this Lease, and more than one of them wishes to cure the default or contingency specified in the notice aforesaid, then the Lessor hereby agrees to permit curing of the default or contingency specified as aforesaid by that Mortgagee that is willing to cure the default or contingency and attorn as tenant as aforesaid and whose charge ranks in priority over the charge or charges held by the other Mortgagee or Mortgagees willing to cure and attorn as aforesaid, except that in the event that any Mortgagee has commenced a foreclosure action, the provisions of section 18.2(b) will apply; (b) in the event the Mortgagee commences foreclosure proceedings against the Lessee, whether or not the Lessee is in default of the performance of its covenants and agreements with the Lessor under this Lease at the time such foreclosure proceedings are commenced, the Lessor will not re-enter, terminate or forfeit this Lease after the commencement of foreclosure proceedings on the ground of any default or contingency entitling the Lessor to re-enter, terminate or forfeit this Lease if the Mortgagee: (i) has given to the Lessor notice of the foreclosure proceedings; (ii) is actively prosecuting the foreclosure proceedings; District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 34 of 51 (iii) except for the bankruptcy or insolvency of the Lessee, which will be governed by section 18.2(c), cures the default or contingency within a period of sixty (60) days from the date of receipt of notice from the Lessor specifying the nature of the default or contingency, or if the default or contingency is other than the failure to pay Basic Rent or Additional Rent or any other sums required to be paid to the Lessor by any provision of this Lease and if such default or contingency cannot reasonably be cured within such sixty (60) day period, immediately commences to cure the same and to diligently prosecute to conclusion all acts necessary to cure the default or contingency; and (iv) performs and observes all of the Lessee's covenants and agreements under this Lease, except for any obligation to cure the bankruptcy or insolvency of the Lessee and except for the obligations of the Lessee which the Mortgagee is exempt from pursuant to the terms of this Lease, and without undue delay diligently prosecutes to a conclusion the foreclosure proceedings commenced by the Mortgagee; provided, however, that if the Mortgagee is an Approved Lender, the Corporation or the Commission, the curing of the default or contingency may be delayed until the earlier of the date of the assignment of this Lease to a third party or an Approved Lender, the Corporation or the Commission acquiring the Lessee's interest in this Lease. In the event that the Mortgagee acquires the Lessees interest in the Lands and Building pursuant to the foreclosure proceedings, the Mortgagee will thereupon become subrogated to the rights of the Lessee under this Lease, provided it attorns to the Lessor as tenant and undertakes to be bound by and perform the covenants and agreements of this Lease until such Mortgagee as Lessee assigns its leasehold estate as permitted by this Lease and delivers to the Lessor an agreement from the assignee which -is enforceable and binding on the assignee and its heirs, executors, successors, administrators and assigns as of the date of the assignment and by which the assignee agrees with the Lessor to attorn as tenant to the Lessor and to be bound by and to perform the covenants and agreements of this Lease. If the Mortgagee consists of more than one mortgagee and more than one of them commences foreclosure proceedings, the right to cure any default or contingency granted by this section 18.2(b) to a foreclosing Mortgagee will be deemed granted to them in the order of priority of the charges held by the foreclosing mortgagees; (c) if this Lease is subject to termination or forfeiture pursuant to Article 17 by reason of the bankruptcy or insolvency of the Lessee and the Mortgagee has filed with the Lessor a notice of Mortgage in favour of the Mortgagee and specified an address; for notice in accordance with Article 25, the Lessor will give to the Mortgagee notice of the bankruptcy or insolvency of the Lessee entitling the Lessor to terminate or forfeit this Lease and stating the Lessor's intention to take such proceedings and requiring the Mortgagee to cure the Lessee default under this Lease (except for the bankruptcy or insolvency of the Lessee), and the Lessee's default will be deemed to have been sufficiently cured if the Mortgagee will: (i) take possession and control of the Lands and Building, or cause a receiver to be appointed under the terms of the Mortgagee's charge or by a court of competent jurisdiction, which receiver will take possession District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 35 of 51 and control of the Lands and Building, and the Lessor hereby grants the Mortgagee or such receiver access to the Lands and Building for that purpose; (ii) cure every default under this Lease (except for the bankruptcy or insolvency of the Lessee) within a period of sixty (60) days from the date of receipt by the Mortgagee of the notice from the Lessor of the bankruptcy or insolvency of the Lessee, or if such default or defaults are other than the failure to pay Basic Rent or Additional Rent or any other sums required to be paid to the Lessor by any provision of this Lease and if such default or defaults cannot reasonably be cured within such sixty (60) day period, immediately commence to cure the same and to diligently prosecute to conclusion all acts necessary to cure such default or defaults; provided, however, that if the Mortgagee is an Approved Lender, the Commission or the Corporation, the curing of the default or contingency may be delayed until the earlier of the date of the assignment of this Lease to a third party or an Approved Lender, the Commission or the Corporation acquiring the Lessee's interest in this Lease; and (iii) subject to the right of an Approved Lender, the Commission or the Corporation to delay the curing of the default or contingency as set out in section 18.2(c)(ii), attorn as tenant to the Lessor and undertake to observe, be bound by and perform the obligations, covenants and agreements of the Lessee under this Lease until such Mortgagee, as tenant, assigns its leasehold estate as permitted under this Lease and delivers to the Lessor an agreement from the assignee which is enforceable and binding on the assignee and its heirs, executors, successors, administrators and assigns as of the date of the assignment and by which the assignee agrees with the Lessor to attorn as tenant to the Lessor and to observe, be bound by and perform the obligations, covenants and agreements of the Lessee under this Lease. If the Mortgagee consists of more than one mortgagee, the right to take possession and control, to cure any default and to assume the Lease as aforesaid will be deemed granted to them in the order of the priority of their respective charges; (d) any re-entry, termination or forfeiture of this Lease made in accordance with the provisions of this Lease as against the Lessee will be valid and effectual against the Lessee even though made subject to the rights of any Mortgagee to cure any default of the Lessee and to continue as tenant under this Lease; and (e) no entry upon the Lands or into the Building by the Mortgagee for the purpose of curing any default of the Lessee will release or impair the continuing obligations of the Lessee. 18.3 Remedies of Lessor and the Commission are Cumulative The remedies of the Lessor and the Commission specified in this Lease are cumulative and are in addition to any remedies that the Lessor and the Commission may have at Law or equity. No remedy will be deemed to be exclusive, and the Lessor and the Commission may from time to time have recourse to one or more or all of the District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J HF.3368340.7 36of51 available remedies specified herein, or at law or equity. In addition to any other remedies provided in this Lease, the Lessor and the Commission will be entitled to restrain by injunction any violation or attempted or threatened violation by the Lessee of any of the covenants or w3reements contained herein. 18.4 Waiver by Lessor and Commission The failure of the Lessor or the Commission to insist upon the strict performance of any covenant or agreement contained in this Lease will not waive such covenant or agreement, and the waiver by the Lessor or the Commission of any breach of any covenant or agreement of the Lessee under this Lease will not constitute a waiver of such covenant or agreement in respect of any other breach. The receipt and acceptance by the Lessor of rent or other monies due hereunder with knowledge of any breach of any covenant or agreement by the Lessee will not constitute a waiver of such breach. No waiver by the Lessor or the Commission will be effective unless made in writing. ARTICLE 19 ARBITRATION 19.1 Arbitration If a disagreement arises pursuant to sections 4.3, 4.6, or 6.1, the same will be settled by arbitration. The arbitration will be conducted by a single arbitrator chosen by the Commission which arbitrator will be at arm's length from the Commission. The costs and expenses of the reference and award will be dealt with as follows: (a) each party will bear -its own expense of preparing and presenting its case to the arbitrator, irrespective of whether any such expense was incurred or contracted for prior to the election for arbitration, including the expenses of appraisals, witnesses and legal representation; and (b) the fees of the arbitrator will be shared by the parties equally. The Commercial Arbitration Act (British Columbia) will apply with respect to the arbitration. If an Approved Lender or the Corporation holds a Mortgage of the Lessee's leasehold interest in the Lands and Building, any notice of a dispute given under this section by one of the parties to the others will be given at the same time to such Mortgagee, if it has specified an address for notice, and such Mortgagee so notified will be given a reasonable opportunity by the parties to participate in the arbitration proceedings if it considers such proceedings may affect the Mortgage security. ARTICLE 20 SURRENDER OF LEASE 20.1 Surrender of Lease At the termination or expiration of the Term, whether by forfeiture, default or lapse of time, the Lessee will surrender the Lands and Building to the Lessor in the condition in which they were required to be kept by the Lessee pursuant to the provisions of this Lease, including, without restricting the generality of the foregoing, the provisions of sections 10.5(c) and 10.6(b), except as herein otherwise expressly provided. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 37 of 51 ARTICLE 21 QUIET ENJOYMENT, OWNERSHIP OF TENANTS' FIXTURES AND OWNERSHIP OF BUILDING 21.1 Covenant for Quiet Enjoyment Subject always to the Lessor's and the Commission's rights herein, and subject always to the Permitted Encumbrances as extended or modified from time to time, if the Lessee pays the rent hereby reserved and all other amounts payable hereunder, and observes and performs all of the obligations, covenants and agreements of the Lessee herein contained, the Lessee may peaceably enjoy and possess the Lands for the Term, without any interruption or disturbance whatsoever from the Lessor or any other person, firm or corporation lawfully claiming through, from or under the Lessor, provided however that the enforcement by the Lessor, in its capacity as a municipality, of laws, bylaws and orders that touch and concern the Lands and Building will not be a breach of the Lessor's covenant set forth in this section 21.1. 21.2 Ownership of Tenant's Fixtures The Lessee may confer upon tenants or occupants of the Building the right of property in, or the right to remove, fixtures or improvements which are of the nature of usual tenants' fixtures and normally removable by tenants, and which are not part of the Building or the Lands. The Lessee will make good, or will cause such tenants to make good, any damage to the Building caused by any removal of the tenants' fixtures. 21.3 Ownership of Building The Building will become the absolute property of the Lessor, free and clear of all Liens, charges, encumbrances, equities or claims of any kind or nature whatsoever, save and except for the Permitted Encumbrances, upon the expiration or earlier termination of the Term or any permitted period of overholding, except as provided in Article 10, but will be deemed, as between the Lessor and the Lessee during the Term, to be the separate property of the Lessee and not of the Lessor but subject to and governed by all the provisions of this Lease, provided always that the Lessor's absolute right of property in the Building, which will arise at the expiration or earlier termination of the Term or any permitted period of overholding, will take priority over any other interest in the Building that may now or hereafter be created by the Lessee without the prior written consent of the Lessor, and provided that all dealings by the Lessee with the Building which in any way affect title thereto will be made expressly subject to this right of the Lessor and the Lessee will not assign, encumber or otherwise deal with the Building separately from any permitted dealing with the leasehold interest under this Lease, to the intent that no person will hold or enjoy any interest in this Lease acquired from the Lessee who does not at the same time hold a like interest in the Building. ARTICLE 22 OVERHOLDING 22.1 Overholding The Lessee covenants and agrees with the Lessor that if the Lessee will hold over and the Lessor will accept rent after the expiration of the Term, the new tenancy thereby created will be a tenancy from month to month and not a tenancy from year to year and will be subject to the covenants and conditions herein contained so far as the same are applicable to a tenancy from month to month, provided however that the District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 38 of 51 monthly Basic Rent payable by the Lessee will be the then market rental value of the Lands and the Building as determined from time to time in the bona fide opinion of the Lessor's Property/Risk Manager or his or her successor in function, and such monthly Basic Rent will be, paid in advance. The Lessee will also pay monthly as Additional Rent one -twelfth of the then current sum described in section 3.1 or 3.2 hereof, as the case may be. ARTICLE 23 ADDITIONAL RIGHTS OF THE COMMISSION 23.1 Notice to Commission Unless either: (a) otherwise agreed in writing by the Commission; or (b) the failure of the Lessor to act in the circumstances would result in an emergency situation, or the default of the Lessee has resulted in an emergency situation; the Lessor may not exercise any of its rights which arise as a result of a default by the Lessee under this Lease until ninety (90) days (the "Notice Period") after receipt by the Commission of written notice describing the Lessee's default. If at the expiration of the Notice Period the Commission has not cured such default, then the Lessor will be at liberty to proceed to exercise any of the powers given to it under this Lease. 23.2 Rights of Commission Not Limited The Lessee and the Lessor agree that the rights given to the Commission pursuant to Article 23 are not to be construed in any manner whatsoever so as to limit or otherwise prejudice the rights of the Commission as against the Lessee under any Operator Agreement or any other agreement between the Commission and the Lessee or the Commission and the Lessor. 23.3 Commission May Perform Obligations of Lessee Where the Commission chooses to perform an obligation of the Lessee under this Lease in order to avoid forfeiture, the Lessor will accept that performance as if the same had been performed by the Lessee. ARTICLE 24 ENVIRONMENTAL MATTERS 24.1 Definitions For the purposes of this Article 24: (a) "Contaminants" mean any pollutants, contaminants, deleterious substances, underground or aboveground tanks, asbestos materials, urea formaldehyde, dangerous substances or goods, hazardous, corrosive or toxic substances, special waste or waste of any kind or any other substance which is now or hereafter prohibited, controlled or subject to Environmental Laws; and District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 39 of 51 (b) "Environmental Laws" means any statutes, laws, regulations, orders, bylaws, standards, guidelines, permits and other lawful requirements of any governmental authority having jurisdiction over the Lands or Building, now or hereafter in force and relating in any way to the environment, health, occupational health and safety, product liability or transportation of dangerous goods, and includes the principles of common law and equity. 24.2 Lessee's Covenants and Indemnity The Lessee covenants and agrees as follows: (a) not to use or permit to be used all or any part of the Lands or Building for the sale, storage, manufacture, disposal, handling, treatment, use or any other dealing with Contaminants, without the prior written consent of the Lessor, which consent may be arbitrarily or unreasonably withheld; (b) to strictly comply, and cause all persons for whom it is at law responsible to comply, with all Environmental Laws regarding the use and occupancy of the Lands and Building; (c) to promptly provide to the Lessor a copy of any environmental site investigation, assessment, audit or report relating to the Lands or Building and conducted by or for the Lessee at any time before, during or after the Term, or any renewal or extension thereof. The Lessee hereby waives the requirement for the Lessor to provide a site profile for the Lands pursuant to the Environmental Management Act (British Columbia), any regulations enacted pursuant thereto, or any similar or successor legislation; (d) to promptly provide to the Lessor on request such written authorizations as the Lessor may require from time to time to make inquiries of any governmental authorities regarding the Lessee's compliance with Environmental Laws; (e) to promptly notify the Lessor in writing of the existence or release of any Contaminant on, in or under the Lands or Building or of any other occurrence or condition at the Lands or any adjacent property that could contaminate the Lands or the Building or result in the non-compliance of the Lands or Building with Environmental Laws, or subject the Lessor or Lessee to any fines, penalties, orders, investigations or proceedings under Environmental Laws; (f) on the expiry or earlier termination of this Lease, or at any time if requested by the Lessor or required pursuant to Environmental Laws, to remove from the Lands and Building all Contaminants, and to remediate any contamination of the Lands or any adjacent or other affected property resulting from Contaminants, in either case brought onto, used at, created upon or released from the Lands by the Lessee or any person for whom the Lessee is at law responsible. The Lessee will perform these obligations promptly at its own cost and in accordance with Environmental Laws. All such Contaminants will remain the property of the Lessee, notwithstanding any rule of law or other provision of this Lease to the contrary and notwithstanding their degree of affixation to the Lands or Building; and (g) without limiting the generality of Article 14, to indemnify the Lessor, the Commission, PRHC and their respective Personnel and contractors from any and District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 40 of 51 all Losses (including the cost of remediation of the Lands and Building and any other affected property) arising from or in connection with: (i) any breach of or non-compliance with the provisions of this Article 24 by the Lessee; or (ii) the release or alleged release of any Contaminants at or from the Lands related to or as a result of the use and occupation of the Lands and Building by, or any act or omission of, the Lessee or any person for whom the Lessee is responsible at law. The obligations of the Lessee under this Article 24 will survive the expiry or earlier termination of this Lease, and the obligations of the Lessee under this Article 24 are in addition to, and will not limit, the other obligations of the Lessee under this Lease. ARTICLE 25 NOTICES 25.1 Notices All notices, demands and request which may or are required to be given pursuant to this Lease will be in writing and will be sufficiently given if served personally upon the party for which it is intended, or mailed prepaid and double registered: (a) in the case of the Lessee, addressed to the Lessee at the postal address shown on the General Instrument; (b) in the case of the Lessor, addressed to: District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X: 6A9 Attention: Property/Risk Manager (c) in the case of the Commission or PRHC, addressed to: British Columbia Housing Management Commission Suite 1701 - 4555 Kingsway Burnaby BC V5H 4V8 Attention: Manager Real Estate Services or at such other addresses as each of the parties may from time to time advise by notice in writing. Mortgagees will supply their respective mailing addresses to the Lessor and the Lessee. The date of receipt of any such notice, demand or request will be deemed to be the date of delivery if such notice, demand or request is served personally or if mailed as aforesaid on the fifth business day next following the date of such mailing; provided, however, that if mailed, should there be between the time of mailing and the actual receipt of the notice a mail strike, slow down of postal service or other labour dispute which affects the delivery of such notice, then such notice will be deemed to be received when actually delivered. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742, J H F.3368340.7 41 of 51 ARTICLE 26 MISCELLANEOUS 26.1 Statements by Lessor The Lessor and the Lessee agree that at any time and from time to time, upon not less than thirty (30) days prior request by the other party, each will execute, acknowledge and deliver to the other a statement in writing certifying: (a) that this Lease is unmodified and in full force and effect, or if there have been modifications, the nature of such modifications and that the same are in full force and effect as modified; (b) the dates to which the rent and any other amounts payable under this Lease have been paid; and (c) that to the best of the information and belief of the maker of the statements, the Lessor and the Lessee are not in default under any provision of this Lease, or, if in default, the particulars thereof. 26.2 Easement During the Term: (a) the Lessor will not amend or discharge the easement registered against the Lands under no. ; and (b) the Lessee will fulfill the obligations of and will enjoy the benefits conferred upon the Grantee contained in the easement. 26.3 Representations and Warranties of the Lessee The Lessee represents and warrants that it is wholly owned by the Provincial Government and that, subject to Section 6.1 and the payment of market rent, it will operate the Lands and the Building on a not -for -profit basis. 26.4 Time of Essence Time will be of the essence of this Lease, save as otherwise specified herein. 26.5 Formality of Modifications This Lease may not be modified or amended except by an instrument in writing executed by the Lessor and the Commission or their successors or assigns, and by the Lessee or its successors or permitted assigns. 26.6 Captions and Headings The captions and headings throughout this Lease are for convenience and reference only and the words and phrases contained therein will in no way be held or deemed to define, limit, describe explain, modify, amplify or add to the interpretation, construction or meaning of any provision of or the scope or intent of this Lease nor in any way affect this Lease. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 42 of 51 26.7 Enurement It is further agreed and declared by the Lessor and the Lessee that this Lease will extend to, be binding upon and enure to the benefit of the Lessor, the Commission, PRHC and the Lessee, the successors and assigns of the Lessor, the Commission and PRHC, and the successors and permitted assigns of the Lessee. 26.8 Covenants or Conditions All of the provisions of this Lease will be deemed and construed to be conditions as well as covenants, as though the words specifically expressing or importing covenants or conditions were used in each separate provision hereof. 26.9 References The words "herein", "hereby", "hereunder" and words of similar import refer to this Lease as a whole and not to any particular Article, section or subsection in this Lease. 26.10 Execution By signing the General Instrument, the parties have agreed to be bound by their respective obligations contained in this Lease. ARTICLE 27 RENEWALS 27.1 Renewals The Lessee and the Lessor may, by mutual agreement, renew this Lease for two (2) further terms of ten (10) years. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7 43 of 51 SCHEDULE"A" Memorandum of Understanding Memorandum of Understanding between BC Housing Management Commission (BC Housing) and the District of Maple Ridge (the Municipality) regarding the development of a municipally -owned site for supportive housing 1. Introduction This Memorandum of Understanding (MOU) sets out the proposed partnership between BC Housing and the District of Maple Ridge for the design, approvals, and preconstruction work required on land owned by the Municipality, with the intent that construction of supportive housing will proceed in 2009 subject to Council's completion of the appropriate rezoning and public hearing processes. The District is the owner of the Site and also responsible for regulating development in the District, including development of the Building. The District's ownership and regulatory rotes are separate and independent. The development of the site will be subject to the appropriate regulatory procedures before being approved for construction, which may or may not result in the required approvals being put in place. It is understood Council cannot be fettered with respect to its regulatory obligations pertaining to the need for rezoning, the need for a development permit, etc. This MOU forms the basis of understanding related to the partnership between BC Housing and the Municipality in developing supportive housing on municipal owned land. The Municipality will. provide a serviced site. The municipally owned site subject to this MOU is located at the north east comer of 2221d Street and Brown Avenue, Lot 1 Ptan LMP 12218 with an approximate area of 1700 square metres. The supportive housing developed under this MOU wilt accommodate the homeless and those at risk of homelessness. 2. Policy Context In September 2004 the Premier's Task Force on Homelessness, Mental Illness and Addictions was created "to develop innovative strategies to help people with addictions and mental illness move from temporary shelters to long-term, stable housing where their needs can be better met". In October 2006, the Province of BC announced its comprehensive housing strategy, Housing Matters BC, which has as two of its six priorities that: • "the homeless have access to stable housing with integrated support services, and • BC's most vulnerable citizens receive priority for assistance". 3. Housing Priorities There are an estimated 90 homeless individuals living on the street or in shelters on any given night in the District of Maple Ridge. Many of the homeless and those at risk of homelessness suffer from mental illness and/or substance abuse issues, and need safe, secure and affordable housing plus support services within a continuum of District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J HE 3368340.7 44 of 51 % z assistance including emergency shelter, treatment, transition housing and finally supportive housing which is what this proposal is intended to provide. The building to be developed on the site wilt be social and supportive housing that wilt accommodate the homeless and those at risk of homelessness. 4. Building Program The total number of units in the supportive housing project noted below is approximate and is likely to change through the design development process. The building wilt generally consist of a unit mix consistent with the requirements of the non-profit service providers, complete with a kitchen and bathroom. The building will be approximately 30+/- units. It will include amenity spaces and administration offices. Residential and/or non-residential uses (commercial, retail and social services) may occupy the ground floors. The building will provide a range of environments to accommodate the continuum of need including alcohol and drug free. For the building, one third to one half of the units will be occupied by tenants (the Supported Tenants) connected to and referred by non-profit providers of social and health services to the mentally At and/or addicted. 5. Sustainability The Province is committed to achieving higher environmental standards, and BC Housing intends that all the apartment buildings be designed to be Green House Gas neutral and to achieve LEED(E) Gold certification or equivalent, as BC Housing may determine. BC Housing's commitment to minimize Green House Gas emissions and to achieve LEEDO Gold certification or equivalent is their initiative and is not a requirement of the Municipality as regulator of development. The Municipality wilt work with BC Housing and the consultant teams to optimize the supportive housing's sustainabitity as BC Housing may consider financially justifiable. 6. Commercial, including Non -Accessory Parking, and Retail Uses Commercial and/or retail uses may be required on the ground floor of the supportive housing project. if so required by the Municipality, the Municipality as owner of the Site will pay the cost of building the commercial and/or retail space including a proportionate share of the base building cost and the cost of the parking required for the commercial and/or retail space. (The commercial and retail space will be sub- leased to the Municipality for the term of the lease for a nominal prepaid rent, and the Municipality wilt operate the commercial and retail space as a financial investment.) The Municipality will pay its portion of any shared expenses for operating the Projects that include commercial and/or retail space, but otherwise the residential and unrelated non-residential uses and spaces will be operated independently. The Municipality will assign a project manager to work with the development team for the projects that include commercial space on the design and specifications for the space. The Municipality's approval, of the design and specifications for the commercial space in a supportive housing project wilt be required prior to commencement of construction. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 45 of 51 7. Parking The parking standard will be applied for the supportive housing at the rate of .35 per unit. Parking for any other uses included in the supportive housing projects wilt be in addition to the requirement for the housing component. If parking requirements of the Zoning By-law cannot be met, variances wilt be necessary. Shared public and accessory parking may be considered to serve both the needs of the supportive housing and public parking requirements. 8. Eligible Tenants Only singles in core -need (having to pay more than 30% of. their gross household income to rent a studio.unit in the private market) wilt be eligible to move into the Building. Priority wilt be given to low-income singles living in Maple Ridge who are homeless, at risk of homelessness, or living in a shelter. The target clientele will range from those requiring transitional housing to tenants requiring a long-term affordable housing solution which also provides a minimal level of on -site support services. The broad target population includes people v4th stabilized mental and physical disabilities, people at risk of homelessness and those whose have had past addiction issues but are stabilized. Tenants wilt be required to sign a program agreement which wilt outline expectations regarding their adherence to program requirements. 9. Rents Tenants on income assistance will pay a rent equal to the shelter allowance of income assistance. All other tenants wilt pay 30% of their gross household, income for rent or the market rent of the unit whichever is less. 10. Building Operation The supportive housing will be operated by a non-profit housing society (the Society) who will manage the building and the tenants (selection, tenant agreements, rent collection, eviction, etc:). One or more non-profit providers of social or health services (the Service Provider) will be selected to support tenants who are living with a mental illness, substance abuse, other illness or disability or any other problem that puts them at risk of homelessness. Only persons referred by and supported by the Service Provider will be eligible to move into a Supported Unit. The Society and the Service Provider for a building may or may not be the same non-profit organization. 11. Operations Management Plan Once a Sponsor and Service Provider(s) have been selected for a Building, they will develop a building and management program for review by the District as regulator of development and by the surrounding community that may be impacted by the development. An Operations Management Plan (OMP) will be required as a condition of Development Permit approval. A separate OMP may be required for any lessee located in a Building. Any OMP that may be required will be designed for the specific program and neighbourhood context, with the following content: District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 46 of 51 • a Community Advisory Committee with representation from the nearby residents, businesses and institutions as well as representatives from the Sponsor and Service Providers, the funders of the Building and Service Providers, the local Police Department, and the District as owner, with a mandate to monitor the operations of the Building, identify and discuss issues, and make recommendations to the Sponsor and the Building funders; a dispute resolution process to resolve issues between neighbours, funders and sponsors that will include, as a final step in the appeal process, a show cause hearing to determine if the Sponsor's business license should be terminated; • a 24 hour, 7 day a week, contact number for the Sponsor which neighbours and others can access if they wish to report concerns regarding the Building or activities in the neighbourhood; and • a description of the building program, staffing model, the tenant profile and the Service Providers accessing the Supported Units in the Building. In the case of social service centres, the description of the program wilt include the hours of operation, the schedule of services and programs, and the profile of the clients of each service and program. Where an OMP is required, it will be a condition of the Development Permit that the OMP be finalized and approved by the District as regulator prior to issuance of an occupancy permit. 12. Selection of Non -Profit Housing Societies Allouette Home Start Housing Society has been selected to develop and operate on the municipal site, The society will take on the role of developers of the supportive housing including providing direction on building designs and programs, as well as assuming responsibility for the selection of qualified professional management of the development team, including development consultant, architects and contractor. The contractor will provide management services through the design development.process, including costing advice and recommendations regarding construction efficiencies ('value engineering'), and will assist inensuring that construction of the building can commence as soon as possible. BC Housing reserves the right to choose a general contractor from their pre -qualification list. 13. Sponsor and Service Provider Co-ordination . BC Housing is developing a collaborative process and structure which will involve all providers of supportive housing in the Province in the development and co-ordination of client centred and community based supportive housing and associated services. The intent is to ensure the effective use of resources; a collective approach to wait lists, tenant selection and ease management; the sharing of information, research, education and training; and increasing sector capacity to address common issues and concerns. The Society and its Service Providers selected for the buildings will work collaboratively with BC Hoeing to develop and define the building and operational programs for the supportive housing with the intent to develop a co-ordinated and collaborative response to the needs of the homeless and those at risk of homelessness that the supportive housing will serve. District of Maple Ridge/ PRHC Lease -September 3, 2009 1867 9.10 5742. J H F.3368340.7 47 of 51 14.Operational Staffing Funding will be provided to the Society for qualified professional staffing to achieve 24 hours a day and 7 days a week coverage for the supportive housing. These positions will be employees of the Sponsor and they wilt manage the building and the residents in their capacity as tenants and not as clients of services. Their role wilt include connecting the tenants to services but they wilt not provide services to the tenants themselves. 15.Support Services Most of the services the tenants need, including the Supported Tenants, will be provided -by community based non-profit service providers, including the Service Providers. These services.will include education, training, job placement and other social services. The tenants will access these services either by going to the locations where the services are delivered or through outreach to the tenants in their homes. The services provided on site will support the tenants to maximize their independence and their social integration, and may include assistance with basic life skills (budgeting, banking and housekeeping); help with personal crises; medication management; assistance with appointments; links to social, vocational and health services; training and education ptanning;.and community participation. 16. Design and Program Development Funding BC Housing will provide funding for the pre-devetopment costs to design the building through, to issuance of the Development Permits and Building Permits for the building. These costs include the fees for the architects and their sub-consuttants, permit fees (including development cost charges, rezoning fees, building permit fees, and other applicable fees), legal costs, survey and building related engineering costs, quantity surveying, etc. 17. Funding for Construction, Operations and Services The BC Housing and the Municipality assume that the Province and its other partners (the Federal Government, corporate and private donors, non-profit housing and service providers) will provide funding to build the social housing in 2009 and to operate the facility, including the non -clinical support services for the homeless and those at risk of homelessness. 18.1-eases The Municipality as owner of the sites will tease, for a nominal prepaid rent, the site to the Society for 50 years with two 10 year options for renewal to be determined by mutual agreement, subject to the required public notification being completed in accordance with the applicable legislation. The lease wilt commence once the Building Permit has been issued; the construction financing is in place, and the contract to build the Building has been executed. The lease wilt require the Society to maintain and repair the social housing; pay all utilities, insurance, fees and applicable taxes and to use the land for the intended purpose. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742, J H F.3368340.7 48 of 51 19. Access to the Sites Subject to the existing tenancies, the Municipality as owner of the Site will grant licenses to BC Housing and 'to the Societies, once the Sponsors have been selected, that will allow BC Housing and the Societies to have access to the Site in advance of the commencement of the lease for the purpose of surveys, testing, demolition, remediation and construction mobilization. 20. Hazardous Materials The Municipality wilt undertake environmental assessments of any buildings on the Site to determine if there are any hazardous materials e.g. asbestos that need to be removed. The Municipality Mll pay the costs to remove any hazardous materials. The environmental assessment reports will be provided to the Society and the recommendations incorporated into the demolition contracts which will be subject to the review and approval of the Municipality as owner of the Site. 21. Demolition BC Housing wilt pay at( costs for the demolition on the Sites and the removal of all debris, with the exception of any costs to remove hazardous materials which are the Municipality's costs. 22. Soils The Municipality as owner of the Site will be responsible for the costs of remediating any soil contamination on the Site as required by the approving authorities for the development of the Buildings. The Municipality will undertake the preliminary Phase I Environmental Site Assessment ("ESA") for the Site by a qualified P party consultant, and will work jointly with BC Housing and the Society should a Phase .11 ESA be required. ESA reports, if applicable, will be provided to the Society and the recommendations incorporated into the excavation contracts. The contracts for excavation of the Site wilt be subject to the review and approval of the Municipality as owner of the Site. BC Housing and the Society wilt work with the Municipality to minimize the cost of remediating any soil contamination, including allowing for on -site remediation. 23. Crane Overswing and Underpinning Agreements The development of the supportive housing may require agreements with neighbouring property owners to allow construction cranes to swing across property lines and allow underpinning of shoring required for excavation. The contractors and consultants selected will determine the extent of the overswing and shoring requirements. They consultant team will be responsible for negotiating the agreements with the neighbouring property owners and wilt have the required agreements in place by the time the Building Permit is issued. BC Housing will pay all costs associated with securing the agreements. Any legal agreements wilt require the approval of the Municipality's solicitors. District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742. J H F.3368340.7 49 of 51 24. Development Permit Process BC Housing, the Municipality as owner and regulator, the Society and their development teams will work co-operatively to identify and address issues with the intent that the Development and Building Permit applications can be expeditiously processed. The intention is for Development and Building Permits to be approved and issued for the Buildings so that the Buildings can be under construction in 2009. All parties recognize that good communication, .prompt responses, and complete documentation wilt. be essential to achieve this schedule and that the schedule is subject to Council's regulatory rote and process. . Once a Society has been selected, they will develop a building program for review by the Municipality as regulator of development 25. Public Consultation BC Housing and the Municipality will work together jointly in delivery of any and all media releases and public information concerning development of the supportive housing. Upon approval of the Memorandum of Understanding and the Municipal/Province partnership by Council, the development of the supportive housing will be processed in accordance with the Municipality's Development and Building Permit processes. Where required by existing municipal processes, the Society will present the supportive housing development proposal for consideration at a Public Information Meeting and at a Public Hearing where the public will be able to speak to development issues or concerns that they may have. Neighbourhood and community responses as a result of these meeting will be received by the Municipality and forwarded, with recommendations, to the Society and BC Housing for consideration. in refinement of the development of the supportive housing. BC Housing's website will provide information regarding the supportive housing (design, program, etc.), and questions and answers which will be updated throughout the process. District of Maple Ridge/ PRHC Lease -September 3, 2009 1867 9.10 5742. J H F.3368340.7 50 of 51 26. Execution of the MOU Once this Memorandum of Understanding has been approved by the District of Maple Ridge Council, it wilt be presented to BC Housing and to the Corporate Officer of the District of Maple Ridge for signature. No legal rights or obligation shall be created or arise until BC Housing's Executive Committee and City Council have approved this Memorandum of Understanding and at( legal documentation required to implement this Memorandum of Understanding and which will replace this Memorandum of Understanding has been fully executed on terms and conditions satisfactory to the solicitors for BC Housing and the Municipality. For BC Housing s Craig Crawford Vice President Development Services Date For the District of Maple Ridge Ceri Marto, Corporate Officer Date 18679.105742. J H F.3368340.7 District of Maple Ridge/ PRHC Lease -September 3, 2009 51 of 51 SCHEDULE"B" PLAN OF BUILDING S §PA A=0W END OF DOCUMENT District of Maple Ridge/ PRHC Lease -September 3, 2009 18679.105742.J H F.3368340.7