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Home My WebLink About2004-10-12 Council Meeting Agenda and ReportsCorporation of the District of Maple Ridge COUNCIL MEETING A GENDA October 12, 2004 7:00 p.m. Maple Ridge Arts Centre and Theatre 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 atwww.map1eride.org 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 PRA YERS Pastor Greg Dalman 300 PRESENTATIONS AT THE REQUEST OF COUNCIL 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of September 28, 2004 402 Minutes of the Public Hearing of September 27, 2004 403 Minutes of the Development Agreements Committee Meetings of September 29 and October 1, 2004 500 DELEGATIONS 501 Community Safety Awards, Timo Juurakko, Fire Department Page 1 Council Meeting Agenda October 12, 2004 Council Chamber Page 2 of 4 600 UNFINISHED BUSINESS 601 DVP/076/03, 24181 113 Avenue, 11330 & 11378 240 Street To waive the requirement to provide underground wiring on 240th Street and to relax the front yard setback for the existing house on proposed lot 12 from 7.5 meters to 4.5 meters prior to subdivision into 51 residential building lots. 602 DVP/088/04, 11961 203 Street To vary the minimum parcel size from 929m2 to 91 0m2 prior to subdivision into 2 commercial lots. 700 CORRESPONDENCE 800 BY-LAWS 801 Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 6268-2004, 12958/60 232 Street To include the subject property into Sewer Area "A" Final reading COMMITTEE REPORTS AND RECOMMENDATIONS 900 COMMITTEE OF THE WHOLE 901 Minutes - September 27, 2004 and October 4, 2004 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 thepublic 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 902 23id Annual Haney-Harrison Road Relay Staff report dated September 15, 2004 recommending that BC Road Running be authorized to use municipal streets on Saturday, November 6, 2004. Council Meeting Agenda October 12, 2004 Council Chamber Page 3 of4 Financial and Corporate Services Oncludinz Fire and Police) 931 Inclusion Into Sewer Area "A", 12221 240 Street Staff report dated September 2, 2004 recommending that Maple Ridge Sewer. Area "A" Sewerage Works Construction and Loan Authorization Amending By- law No:. 6269-2004 to inclUde the subject property into Sewer Area "A" be given three readings. 932 2005 Permissive Tax Exemption Staff report dated September 20, 2004 recommending that Maple Ridge Taxation Exemption By-law No. 626 1-2004 to exempt certain properties from municipal taxation be given three readings. Community Development and Recreation Service - Nil Correspondence - Nil Other Committee Issues - Nil 1000 STAFFREPORTS 1001 Completion of the Purchase of the Downtown Core Facilities Staff report dated October 6, 2004 recommending that the District assist Maple Ridge Municipal Holdings to complete the acquisition of the Downtown Core Facilities and that the Mayor and Municipal Clerk be authorized to execute the necessary documents. (Report to be circulated separately) 1098 MAYOR'SREPORT 1099 COUNCILLORS' REPORTS Council Meeting Agenda October 12, 2004 Council Chamber Page 4 of 4 1100 OTHER MA TTERS DEEMED EXPEDIENT 1200 NOTICES OF MOTION 1300 ADJOURNMENT 1400 QUESTIONS FROM THE PUBLIC QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to seek clarification about an item on the agenda, with the exception of Public Hearing by-laws which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. If a member of the public has a concern related to a Municipal staff member, it should be brought to the attention of the Mayor and/or Chief. Administrative Officer in a private meeting. The decision to televise the Question Period is subject to review. Each person will be permitted 2 minutes only to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to individual members of Council. The total Question Period is limited to 15 minutes. If a question cannot be answered, it will be responded to at a later date at a subsequent Council Meeting. Other opportunities to address Council may be available through the office of the Municipal Clerk who can be contacted at (604) 463-5221. Checked &v: Date. c 7 Z:c'+ / / CORPORATION OF THE DISTRICT OF MAPLE RIDGE • DEVELOPMENT AGREEMENTS COMMITTEE MINUTES October 1. 2004 Mavors Office PRESENT: Mayor Kathy Morse Chairman J.L. (Jim) Rule, Chief Administrative Officer K. Kirk. Recording Secretary Member 1. SEDERS, GERRY AND ROSEMARY LEGAL: LOCATION: OWNER: REQUIRED AGREEMENTS East Half Lot 5, Except: Parcel "A" (Explanatory Plan 21737); Section 30, Township 12, NWD, Plan 3305 22242 132 Avenue Gerry and Rosemary Seders Covenant Geotechnical (Floodplain Control) THAT THE ACTING MAYOR AND CLERK BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO GERRY AND ROSEMARY SEDERS. • CARRIED 11 a'2~ Mayoathy Morse J.L. (Jim) Rule. Chief Administrative Officer Chairman Membelt / '103 P6569 132 AVE. d I A 1 2 3 4 P10983 Plc LO C.) a- I.- ('4 a- W P 10983 A 8 4 6 P10983 P3305 P3305 A EP1OIO3 Rem Rem W1/2 E1/2 Rem N 1/2 1 5 5 P6152 28 F 305 P 25678 Rem S 1/2 1 P6152 10 P22034 F7', 45 P 37386 NN_ Pitt SINcrValley 22242-132 Ave. L\ CORPORATRJNOF ock .a 6 Z, LO 0 N Langley ° ______ MAPLE RIDGE MAPLE RIDGE J nJ ( PERMITS Incorporated 12, September, 1874 LICENSES. & BYLAWS DEPT. SCALE 1:2.655 DATE: Oct 1, 2004 FILE: Untitled BY: LF CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES September 29, 2004 rvlavors Office PRESENT: Mayor Kathy Morse Chairman J.L. (Jim) Rule. Chief Administrative Officer NI ember K. Kirk, Recording Secretary 1. SD/112/02 LEGAL: Lots 34 & 35, Plan LMP19841, Section 24, Township 12, NVTD and the SW 1/4 of the NW 1/4, Section 19, Township 15, N\VD LOCATION: 26378 126 Avenue, 26460 126 Avenue & 12450 264 Street OWNERS 628977 B.C. Ltd., John Bakker, Eileen McLeod REQUIRED AGREEMENTS: Subdivision Servicing Agreement Covenants - Septic Disposal, Statutory R-O-W (Road Reservation) and Floodproofing THAT THE MAYOR AND CLERK BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO SD/112/02. auz9ZI/ Ma\'o?-athy Morse Chairman CARRIED J .L. (Jim) 'Rule, Chief Administrative Officer Member' Ik C,) (0 CD I- U) CD Co ("1 Subject I57 Properties 1 25 I I-C') (0 ("I The Corporation of the District of Maple Ridge makes no guarantee regarding the:accuracy or present status of the information shown on this map. lwi Langley 12450 264 St, 26378 126 Ave and 26460 126 Ave CORPORATION OF THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE Incorporated 12, September, 1874 PLANNING DEPARTMENT 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Corporation of the District of Maple Ridge Telephone: (604) 463-5221 Fax: (604) 467-7329 E-mail: enquiriesmapleridge.org 1N41\.PLE IR.JLXE wwv.rnapleridge.org September 29, 2004 File No: 3090-20/DVP/076/03 Dear Sir/Madam: PLEASE TAKE NOTE that the Municipal Council will be considering a Development Variance Permit at the regular meeting to be held on Tuesday, October 12, 2004 at 7:00 p.m. in the Maple Ridge Arts Centre & Theatre (The Act). 11944 Haney Place, Maple Ridge. The particulars of the Development Variance Permit are as follows: APPLICATION NO.: DVP/076/03 LEGAL: Lot 12, Plan 50696: Lot 4, Plan 21243 and Lot 5, Plan 21243 all of Section 15, Township 12, New Westminster District LOCATION: 24181 113 Avenue, 11330& 11378 240 Street PROPOSED ZONING: RS-3 (One Family Rural Residential), R-1 (Residential District), RS-lb (One Family Urban (Medium Density) Residential), RS-1 (One Family Urban Residential), CD-1-93 (Amenity Residential District) PURPOSE: The applicant is requesting the following variances prior to future subdivision into 51 residential building lots: • Waive the requirement to provide underground wiring on Street: and • To relax the front yard setback for the existing house onproposed Lot 12 from 7.5 meters to 4.5 meters. AND FURTHER TAKE NOTICE that a copy of the Development Variance Permit and the Planning Department report dated August 30, 2004 relative to this application will be available for inspection at the Municipal Hall, Planning Department counter during office hours, 8:00 a.m. to 4:00 p.m. from September29 to October 12. 2004. ALL PERSONS who deem themselves affected hereby shall be afforded an opportunity to make their comments known to Municipal Council by making a written submission (or e-mail) to the attention of the Municipal Clerk by 4:00 p.m., Tuesday. October 12, 2004. Yours truly. Teñy 'er. P.Eng Municipal Clerk tfrvermapleridge.org Art. cc: Confidential Secretary - C..C. .....J T C'-... T)....4 .....4 (19 rruiiioiii d dI dilU LdVdU1 UIILi1LUIL1L UUL 1C1LL 1tL LULL&I - - lCf•W. P?!( r'?-,- C- P 13786 112 AVE 37 I i1i5t ¶1815 - 36 • - 1180? 2462:lc3 il149 I-. 11499 'CIt 2i ll48 t_ 1149. .2E — 1 1147- 11483 IC- 32 - 6L 11470 28 1l.6' 30 - 1l42 3C283 6.1 F 31331 22D3 -' P 34984 JR 11403 ¶1397 RD 6761 'I 11362 Cl) 59 3855 ;12E ¶1299 :S 1128 11262 11247 516. 1213 25 153 Distnct of Pitt Meaoows SCALE 1:3.000 11330/78 240 STREET & L 24181 113 AVENUE CORPORATION C -THE DiSTRICT OF DIstrict of • A1b.OA-- I - Langley Thcngg - - • MAPLE RIDGE MAPLE RIDGE Incorporated 12. Septemoer. 1874 PLANNING DEPARTMENT Rive, \ - . DATE: Aug 4, 2004 FILE: VP1076103 BY. PC Corporation of the District of Maple Ridge 11995 Haney Place. Maple Ridge, B.C. \'2X 6A9 Telephone: (604) 463-5221 Fax: (604)467-7329 E-mail: enquiriesmapleridge.org f\/t &f[.4E JJrGI www.mapleridge.org September 29, 2004 File No: 3090-20/DVP/088/04 Dear Sir/Madam: PLEASE TAKE NOTE that the Municipal Council will be considering a Development Variance Permit at the regular meeting to be held on Tuesday, October 12, 2004 at 7:00 p.m. in the Maple Ridge Arts Centre & Theatre (The Act), 11944 Haney Place, Maple Ridge. The particulars of the Development Variance Permit are as follows: APPLICATION NO.: DVP/088/04 LEGAL: Lot 1, District Lot 222, Plan LM03 1395 LOCATION: 11961 203 Street ZONING: CS-i (Service Commercial) PURPOSE: The applicant is requesting the following variance prior to future subdivision into 2 commercial lots: Vary the minimum parcel size from 929m to 91 0m. AND FURTHER TAKE NOTICE that a copy of the Development Variance Permit and the Planning Department report dated September 7. 2004 relative to this application, will be available for inspection at the Municipal Hall, Planning Department counter during office hours. 8:00 a.m. to 4:00 p.m. from September 29 to October 12, 2004. ALL PERSONS who deem themselves affected hereby shall be afforded an opportunity to make their comments known to Municipal Council by making a written submission (or e-mail) to the attention of the Municipal Clerk by 4:00 p.m., Tuesday, October 12, 2004. Yours truly. Terry Fryer. P.Eng Municipal Clerk frttfryer@maplen'dge.org irs Att cc: Confidential Secretary "Promoting a Safe and Livable Community for our Present and Future Citizens" 6QZ_ 40 I I / RS-1 I CS-I / I - - 1 — — — - — — — — — — - - — — — - . — — — — — - — [ I ____ 617O- SubEect Property '- : /I M-1 • CS_I/—. — — — — cow a LMD 3 • I,, / 'I I / 1203/ CID QD I I I I I I C2 66 LUC qwft Distnccf — Pitt Meacows 11961-203St CORPORATIONOF .D,stnctof - P E RIDGE MAPLE RIDGE N LangIe _______ - 12 SeDlember. 1874 PLANNING DEDARTMENT SCALE 00 BY: JV DATE: Jul 30, 2004 VP1088104 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6268 - 2004 A By-law to extend Sewer Area "A" within the District of Maple Ridge WHEREAS the Council of the Corporation of the District of Maple Ridge, pursuant to Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization By-law No. 2486 - 1977. established Sewer Area "A" within the boundaries of the Municipality; AND WHEREAS, the Council has received a petition from the property owner for the extension of Sewer Area "A" and deems it expedient to extend Sewer Area "A". NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge in open meeting assembled, ENACTS AS FOLLOWS: This By-law may be cited for all purposes as "Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 6268 -2004". That Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization By-law No. 2486 - 1977 as amended be further amended by adding to Section 1, the following words: "and also shall include all those portions of: • Lot 2, Section 28, Township 12, New Westminster District, Plan 12563 (12958/60 232 Street) as shown boldly marked on the map attached to the By-law and marked as Schedule "A". That the parcel noted in Paragraph 2 above, of this by-law shall bear the same charges as those properties in the original Sewer Area "A". READ a first time the day of , 2004. READ a second time the day of , 2004. READ a third time the day of , 2004. RECONSIDERED and adopted the day of , 2004. MAYOR CLERK Attachment: Schedule "A" Fol SCHEDULE "A" to Maple Ridge Sewer Area "A" Sewerage Works Construction and I rn Authnri7atnn I I PROPOSED AREA TO BE INCLUDED INTO SEWER AREA A EXISTING SEWER AREA A PROPOSED ADDITION TO SEWER AREA A CORPORATION OF THE DISTRICTOF MAPLE RIDGE MAPLE RIDGE I ENGINEERING DEPARTMENT i AREA A 0059.dwg DATE: SEPTEMBER 2004 SCAW N.T.S. 69-1 CORPORATION OF THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: September 15, 2004 and Members of Council FILE NO: E01-035-001.4 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: 23 rd Annual Haney-Harrison Road Relay EXECUTIVE SUMMARY: BC Road Running is requesting permission to use municipal streets for the 23 d Annual Haney-Harrison Road Relay on Saturday, November 6, 2004. A map showing the run routes is attached. Authorization from Council is required to allow the event to occur in Maple Ridge. Road closures are not anticipated for this event. RECOMMENDATION: THAT BC Road Running, a Division of BC Athletics, be authorized to use municipal streets on Saturday, November 6, 2004 for the 23d Annual Haney-Harrison Road Relay, provided the conditions outlined in Schedule 'A' attached to the staff report dated September 15, 2004 are met. DISCUSSION: 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 Haney-Harrison Road Relay begins at 6:30 AM on Brown Avenue at 224 Street. Participants will travel north on 224 Street to 132 Avenue, head east on 132 Avenue to 232 Street. Travel south on 232 Street to Dewdney Trunk Road. Participants will continue to travel east on Dewdney Trunk Road towards Mission and beyond, and will finish in Harrison. Strategic Plan: Permitting of Maple Ridge street events promotes community development and often highlights Maple Ridge's natural and built features. 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. However, traffic control will be provided by the event organizers. . 1702.,.. Interdepartmental Implications: The road use permit establishes that the event organizer must obtain the approval of RCMP, for traffic control and must notify the Fire Department and BC Ambulance Services as well as coordinate with Coast Mountain Bus Company (transit service). 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. Policy Implications: Permission to use municipal streets is grantable under the District's policy practices. Alternatives: The District could refuse to permit the run to occur. In this event, the organizer would have to cancel the run or arrange for alternatives. CONCLUSIONS: From time to time, the District is requested to allow the use of streets for various events and activities. The Haney-Harrison Road Relay was held in Maple Ridge last year without incident. Submitted by: iiJi(ew Wood, MEng., PEng. Municipal Engineer Approvedy( Frank Quinn, MBA, PEng., PMP GM: Public Works & Development Services Concurrence: J.L. (Ji/n) Rule Chief Administrative Officer AW/mi Schedule 'A' To Council Memorandum Dated September 15, 2004 23id Haney-Harrison Road Relay Condition of Approval Approval for the event is given on condition that the organizers: provide all necessary traffic controls, parking and emergency access acceptable to the R.CM.P., and the District of Maple Ridge; notify local Fire Department, and Ambulance Services of the event; obtain any required permits from the District of Maple Ridge Parks and Leisure Services Department for park facility use; advertise the event in a local newspaper and notify all surrounding businesses of the event (a minimum of one week prior to the event date); hold and save harmless the Corporation from and against all claims, and damages arising out of or in any way connected with the event; 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 as an additional named insured. A copy of such policy shall be delivered to the Corporation prior to the event; 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 of Maple Ridge. • The Corporation of District of Maple Ridge reserves the right to withdraw this permission to use Municipal Streets should the organizers fail to comply with the above requirements. Chief Administrative Officer August 10, 2004 Re: 23rd Annual Haney-Harrison Road Relay: November 6, 2004 Reference: PERMITS To whom it may concern: BC Road Running, a Division of BC Athletics, requests approval for a portion of the day on Saturday, November 6, 2004 for the purpose of running the 23rd Annual Haney-Harrison Road Relay. This event is sanctioned by BC Road Running a Division of BC Athletics and accordingly Insurance is being arranged through Sport BC Insurance. All Villages, Towns, Cities, Districts, Corporations, Private Property, and the Ministry of Transportation & Highways will be named as co-insured on the policy. The Fraser Valley Regional District would like our permits or acknowledgements of the event by September 27. If your council or group meets later than that please let me know. Fax Permit Applications to: B.C. Athletics, 604-737-3171 OR via PDF to jerrytighe@bcathletics.org <mailto: jerrytighe@bcathletics.org> Event web site: www.bcathletics.org/H2HJ <htt://www.bcathletics.orgIH21-IJ> Should there be any aspect you wish to discuss, please contact me. Yours truly, Jerry Tighe Technical Manager Road & Cross Country Running British Columbia Athletics 206-1367 West Broadway Vancouver B.C., Canada, V61-1 4A9 Ph: 604-737-3174; Fax: 604-737-3171 Email: jerrytighe@bcathletics.org <mailto:jerrytighe @ bcathletics.org> www.bcathletics.org <http://www.bcathletics.org > This email may co ntain confidential and/or privileged information. If you are not the intended recipient or have received this email in error, please notify the sender immediately and destroy this email. Any unauthorized copying, disclosure or distribution of the information contained in this email is prohibited Haney to Harrison Relay / Ultra Run — 100 km N Lea 1 = 9.48 km Lea 2 = 13.54 km Finish Exchange #1 Exchange #2 Lea 8=806 km / / Lea412.5lkm .. GoifRoad I32ndAv L FemCreskent Exchange #4 / StaveallsDam Dewdney Trunk Road c L .. i McCalIum Roa ?. /ae FarmsRoad trown!R v / S De'dneyTrtnkRoad i / / /eta . Lougheed Highway #7 KeystoneAvenue / / 'ko2B.0° 1 • FerndaleAv ed [iewdney Trunk Start Exchange #7 Nicomen IjIand Trunk Road I Lea7=13.37km Exchange #3 Lea 3 = 15.12 km Exchange #5 Lea 5=14.89 km Exchange #6 Lea 6 = 13.03 km Note: Ultra runners must pass through all exchange points so barricades should be used appropriately. Paul Adams October 12, 2000 • I--•••- - 6047373171 BCATHLE11CS 12:23:55 p.m. 0919-2004 110 U_A 77-ILETICS September 17, 2004 Tradiind Fed Road RaaaIj $arathwisJULtzs Io5a CDUfltTyRUNfll(19 Race WaUdrig tO: RCMP - Maple Ridge Cpl Brian Hunthigton :p 604- Fax: 604-467-7633 FROM: Yerry Tighe, BC Athletics - Sport Governing Body for Running and Tack&Field Phone: 604-737-3174 Fax: 604-737-3171 REGARDING: 23rd Annual, Haney to Harrison Road Relay EVENT DATE: Saturday, November 6, 2004 NOTIFiCATION (WEVENT BC Athletics with' the co-operaton of the Fraser Valley Regional District, and the Ministry of Transportation will be orgnwlg the annual Haney to Harrison Road Relay (running race) to take place on Saturday, November 6, 2004 in vanous locations in the Fraser Valley. ACKNOWLEDGEMENT I acknowledge that I am aware of the relay ruining activities which take place on Nov 6th, 2004. Comments, - Signed. (print name)_p : jTl,Jt)ts (address) RIdge-Me.d,,wa R.C.M,g (sgnaLure) (date) SEPt22004 (phone) (14) Lfl.1 62 • 1367W Broadway, Suita 2061 Vancouve, BC, Canada, V6n 4A9 CM Te1 604-737-3170 £-mai( bcathLed@bcit1,tetc3.urg Fax: 604-737-3171 Webslte: www.bcathtetits.org j.. •AIh$U.&,wCWre& SPORT INSURANCE MARKETING L AMENDED SEPT. 16/04 V..,.- CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE AS HEREIN DESCRIBED HAVE BEEN ISSUED TO THE INSURED NAMED BELOW AND ARE IN FORCE AT THE DATE HEREOF: THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: FRASER VALLEY REGIONAL DISTRICT, CORP. OF THE VILLAGE OF HARRISON HOT SPRINGS, AGASSIZ AGRICULTURAL & HORTICULTURAL ASSOCIATION, DISTF OF KENT, CORP. OF THE DISTRICT OF MAPLE RIDGE, CORP.OF THE DISTRICT OF PITT MEADOWS, SCHOOL DISTRICT 42, DISTRICT OF MISSION, CANADIAN FOREST PRODUCTS (CANFOR), RIMEX SUPPLY LTD. , RIVERVIEW FARMS, GURDEV SIDHU, ROYAL CANADIAN LEGION BRM 86, SALUS ENTERPRISES LTD., IVAN WHITELAW, RICK LORANGER, MISSION ALLIANCE CHURCH ABOVE ARE ADDED AS ADDITIONAL INSURED, BUT SOLEL WITH RESPECT TO THE LIABILITY WHICH ARISES OUT 0 THE ACTIVITIES OF THE NAMED INSURED NAME OF INSURED B.C. ATHLETICS ASSOCIATION LOCATION AND OPERATIONS TO WHICH THIS CERTIFICATE APPLIES MAPLE RIDGE-PflT MEADOWS-DEWDNEY-KENT- HARRISON HOT SPRINGS, BC "HANEY TO HARRISON 100K ROAD RELAY & ULTRA" (INCLUDING BEER GARDENAWARDS DINNER & DANCE AT AGASSIZ COMMUNITY HALL) NOVEMBER 6, 2004 TO WHOM NOTICE WILL BE MAILED IF SUCH INSURANCE IS CANCELLED OR IS CHANGED IN SUCH A MANNER AS TO AFFECT THIS CERTIFICATE KIND OF POLICY POLICY NO, INSURERS LIMIT OF LIABILITY GENERAL LIABILITY AS1064 AVIVA INSURANCE COMPANY OF CANADA $5,000,000.00 inclusive limit DEDUCTIBLE $500.00 POLICY EXTENSIONS *CROSS LIABiLITY CLAUSE INCLUDED *PARTICIPANT COVERAGE INCLUDED *SUBJECT TO 30 DAYS WRITTEN NOTICE OF CANCELLATION Ministry of Transportation & Highways certificate is attached THE INSURANCE AFFORDED IS SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE APPLICABLE POLICY. ALL SPORT INSURANCE MARKETING LTD. AUThORIZED REPRESENTATIVE September 16, 2004 Ins7 #417 - 1367 WEST BROADWAY, VANCOUVER, B.C. V6H 4A9 PHONE (604) 737-3018 FAX(604) 737-3076 Province of Ministry of 1)111 British Columbia Transportation and Highways I tVt.'J'J Jill. /tC/iJ¼fl CERTIFICATE OF INSURANCE Contracts/LeaseslAgreements/Pernilts - Award or Effective Date No. NOVEMBER 6, 2004 Location and Descriotion BRITISH COLUMBIA "HANEY TO HARRISON lOOK ROAD RELAY & ULTRA" INSURED Name B.C. ATHLETICS ASSOCIATION Address 1367 West Broadway Vancouver, BC V61-1 4A9 ROKER Name SBC INSURANCE AGENCIES LTD. Address 41.7 - 1367 West Broadway, Vancouver, BC This document certifies that the policies of Insurance described below have been Issued to the Insured(s) named above and are In full force and effect. TYPE OF INSURANCE COMPANY AND POLICY DATES LIMITS OF LIABILITY I AMOUNTS POLICY NUMBER Effective Expiry Comprehensive (Commercial) AVIVA INSURANCE NOVEMBER 6, 2004 Bodilr & Property Damage 00.00 General Liability COMPANY OF __________ _________ $ inclusive uO, 5,O000.O0 CANADA $________ __ Aggregate ASI 064 * EUCTIBLE_$500.00 Deductible Automobile Liability Bodily Injury & Property Damage N/A $ ________________ Inclusive Umbrella / Excess Liability $ Limits N/A excess of $ __________ General Liability excess of $ ___________ Automobile Property Insurance: $ Site Builders Risk N/A $ Other Location Installation Floater $ Transit ________________ Other N/A Tenants Legal Liability Nh $ _______________ Limit Equipment Insurance $ _______________ Limit Professional Liability / N/A $ ______________ Each Claim and Errors & Omissions $ _______________ Aggregate Each $ _______________ Deductible Marine Insurance: Protection & indemnity N/A _________ ________ $ _______________ Limit Hull & Machinery $ Limit Builders Risk (Vessels) $ ________________ Limit Shiprepairers' Liability N/A $ ________________ Limit Other $ ______________ Limit • Each of the policies herein described include conditions as shown on the reverse hereof and as specified in the Insurance Requirements which form part of the above agreement/contractfieas&permlt. August 18, 2004 Authorized to sign on behalf of insurers Date ALL SPORT INSURANCE MARKETING LTD. Print or Type Name ADDITIONAL CONDITIONS ARE SHOWN ON THE REVERSE OF THIS CERTIFICATE OF INSURANCE I41 11(94/03) CORPORATION OF THE MAPLE RIDGE . DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: September .28, 2004 and Members of Council FILE NO: 5340-20 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Inclusion Into Sewer Area "A" Property Located at 12221 240 Street (RZ/036/03) EXECUTIVE SUMMARY: A petition has been submitted to the Clerk's Department requesting that the parcel legally and civically described as: Lot 11, Section 21, Township 12, New Westminster District, Plan 39756 (12221 240 Street) be included in Sewer Area "A". In response to this valid petition, a by-law is being introduced for three readings. RECOMMENDATION: That the report dated September 28, 2004 be received, noting that it is reported therein that the petition to include the property located at 12221 240 Street in Sewer Area "A" is sufficient and valid; And further, that Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 6269 - 2004 be read a first, second and third time. DISCUSSION: Background Context: Rezoning application RZ/036/03 recently received final approval, on condition that an application be made to have this parcel included in Sewer Area "A". Citizen/Customer Implications: The prospective owners will be responsible for all costs and there will be no direct cost to the District. Interdepartmental Implications: Any property in the District seeking a sewer service connection to the District's sewer system must be approved as part of the Fraser Sewerage Area (FSA) by the GVRD. Currently, this parcel is outside the approved FSA, however, since the property is within the Urban Area, it meets the test of the GVRD's requirements for approval in the Fraser Sewerage Area. . '131 d) Financial Implications: Upon adoption of this By-law, the District can legally bill for the annual sewer rate. Prepared by: Karla1(i-" Legislativ; Clerk Approved by: Frk Quinn, MBA, P.Eng., PMP YGneral Manager Public Works & Development Concurrence: J.LJ (Jim) Rule Chief Administrative Officer /kk Att. 2 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6269 - 2004 A By-law to extend Sewer Area "A" within the District of Maple Ridge WHEREAS the Council of the Corporation of the District of Maple Ridge, pursuant to Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization By-law No. 2486 - 1977, established Sewer Area "A" within the boundaries of the Municipality; AND WHEREAS, the Council has received a petition from property owners for the extension of Sewer Area "A" and deems it expedient to extend Sewer Area "A". NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge in open meeting assembled, ENACTS AS FOLLOWS: This By-law may be cited for all purposes as "Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 6269 - 2004". That Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization By-law No. 2486 - 1977 as amended be further amended by adding to Section 1, the following words: "and also shall include all those portions of: Lot 11, Section 21, Township 12, New Westminster District, Plan 39756 (12221 240 Street) as shown boldly marked on the map attached to the By-law and marked as Schedule "A". That the parcel noted in Paragraph 2 above, of this by-law shall bear the same charges as those properties in the original Sewer Area "A". READ a first time the day of , 200 READ a second time the day of , 200 READ a third time the day of .5 200 RECONSIDERED and adopted the day of 200 MAYOR CLERK Attachment: Schedule "A" SCHEDULE "A" to Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorj;)p Amending By-lawj No. 62697 2004 2 ABERNETHY WAY .1 D 12247 Ak 34 2 1 33\ Y . ( I 11. 327 o - 5 )f2160 -1 9 -5 12, _ :27 121 AVE. 12111 ~12077 10 '2074 4 cX V 9 PO 12069 N Rem N 1/2 6 12087/12115 1207.9 Rem PcI. 'A' Rem 1 2 12077 PROPOSED AREA TO BE INCLUDED INTO SEWER AREA A I_I EXISTING SIwIR AREA A PROPOSED ADDITION TO SEWER AREA A 390144~.~! CORPORATION OF THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE Incorporated 12 September, 1874 ENGINEERING DEPART4ENT FILE: AREA A 0056 DATE: JULY 2004 A SCALE: N.T.S. CORPORATION OF THE MAPLE RIDGE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: September 20, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: SUBJECT: 2005 Permissive Tax Exemption., EXECUTIVE SUMMARY: The Municipal Council has statutory powers to exempt certain properties from municipal taxation. Maple Ridge has clearly defined policies with respect to granting property tax exemption. In simple terms the Municipality will not grant property tax exemption to organizations providing services on a private or for profit basis or where the service is the responsibility of a senior government. A by-law that provides the granting of property tax exemptions for the 2005 taxation year must be adopted before October 31, 2004. We recommend for property tax exemption the properties listed in Bylaw No. 6261 - 2004. Our recommendation is in accordance with the Community Charter and Municipal Policy No.'s 5.16 to 5.23 RECOMMENDATIONS: That "Maple Ridge Tax Exemption By-law No. 6261-2004" be read a first, second and third time. That the application for a Permissive Tax Exemption by Mountain View A Community Church of the Salvation Army (upstairs rental units) be denied.. That the application for a Permissive Tax Exemption by the Fraternal Order of Eagles Maple Ridge Acne #2831 be denied. That the application for a Permissive Tax Exemption by the owners of Ruskin Elementary School be denied. That the application for a Permissive Tax Exemption by the Family Education & Support Centre be denied. That the application for a Permissive Tax Exemption by. Maple Ridge / Pitt Meadows Community Services be denied. DISCUSSION: a) Background Context: The Community Charter provides for a general exemption from taxation over which Council does not have any legislative powers or authority. This includes properties such as public schools, public hospitals, buildings set apart for public worship and provincial and municipally owned public buildings and land. q32..,- Municipal Council has been given statutory powers to exempt certain properties from municipal • taxation. For example, these can be land and improvements that are used by not for profit organizations that are deemed to contribute to the well being of the community or private institutions licensed under other legislation such as the Hospital Act, Community Care Facility Act or parts of the School Act. Certain exemptions can also be granted by Council for heritage properties and portions of property used for municipal purposes i.e. parts of Planet Ice, the new curling rink and the ECRA Recreation Centre. Maple Ridge has adopted a policy with respect to the granting of property tax exemptions. The policy is intended to prevent the downloading/off loading of services that are the responsibility of senior governments, that local residents are not subsidizing residents from other municipalities, to ensure that where a permissive tax exemption is granted that all residents of Maple Ridge have access to the service provided, that the property tax exemption does not provide for an unfair competitive advantage and that the services provided by the organization are an extension of Municipal services and programs and falls under the responsibility of local government. As of January 1, 2004 the granting of Permissive Property Tax Exemptions is governed by sections 224 through 227 of the Community Charter. The new legislation has incorporated changes that provide for improved transparency. The Municipality must now advertise the, proposed taxation exemption by-law prior to its adoption. We must include the costs associated for each permissive exemption for the year of the exemption plus the following two years, regardless of the fact that we only grant exemptions for one taxation year. b) Desired Outcome: Council must adopt the Permissive Taxation Exemption Bylaw on or before October 31, 2004 to exempt properties from municipal property taxation for 2005. c) Strategic Alignment: The sources of municipal revenue are limited and therefore, the municipality supports institutions, organizations and the community at large to enhance the quality of life to its residents. The granting of property tax exemptions to those applicants meeting the criteria of the policy and is strategically aligned with: Financial Management - providing high quality services to our citizens in a cost effective and efficient manner. Relationships & Partnerships - promote the use of partnerships for the delivery of services in a cost effective and efficient manner. Community Relations - recognize and support the important contribution of volunteers and not for profit groups. Safe & Livable Community - in partnership with community groups, assist in the provision of leisure and cultural services to ensure access by all citizens. d) Citizen/Customer Implications: An expectation that senior government should fund certain services doesn't mean those services will be provided in our community. Denial of a tax exemption may restrict or prevent the ability of these types of services to locate to Maple Ridge The Salvation Army acquired property that has been converted into a church and transitions emergency shelter. The church portion is now granted an exemption by statute, however, the upstairs portion used for the shelter is not. The Salvation Army is seeking exemption for units that are used as rental units for individuals without accommodation and that are in a transitional situation. The current policy does not provide for an exemption for the shelter. Council has supported the Salvation Army with a grant equivalent to municipal property taxes. The Fraternal Order of Eagles donates significant amounts of money to community charities, school events, trail system maintenance, the hospital etc. They provide the use of their hall at no cost to certain community groups such as cubs, scouts etc. Any amounts required for property taxes may reduce the amounts donated and have a negative impact to the community groups supported by The Fraternal Order of Eagles. Council has supported The Fraternal Order of Eagles with a grant equivalent to municipal property taxes. The Family Education and Support Centre provides resources to parents in the community and is also very involved in supporting families through participation at community planning tables and the sponsorship of other community groups to receive funding for community projects and services. Amounts required for property tax may inhibit the Centre's ability to service the community. The Family Education and Support Centre receives support from a senior level of government.. Maple Ridge / Pitt Meadows Community Services provide an array of social services to the residents of Maple Ridge and Pitt Meadows supporting many user groups, including the La Leche League, Elizabeth Frye Society, and Foster Parents Plan etc. They also provided leadership in community events, such as the Walk-a-mile for Mental Health and the Meals-on-Wheels Christmas Concert. Amounts required for property taxes may reduce Maple Ridge I Pitt Meadows Community Services ability to support the community. This service is provided to residents of Maple Ridge, Pitt Meadows and the unorganized areas within the region. Funding support is provided by the Federal and Provincial Governments. The Ruskin School House has now been converted to a residence, owned privately by citizens of the community. The property can no longer be deemed as a heritage site, and as such, should not be considered for a tax exemption. e) Interdepartmental Implications: The Community Services Division has a close association with most fraternal and community not-for- profit associations. A denial of a permissive tax exemption can have a negative impact on their operation. 1) Business Plan/Financial Implications: Based on the 2004 assessed values, and using the tax rates for 2005 from the financial plan, the estimated amount attributable to the 2005 proposed tax exemptions for the Municipal portion of taxes is $325,000. The total tax revenue estimate in the financial plan is $35,475,000, putting the proposed exemptions at under 1%. Municipal taxation is approximately 50% of the total tax bill excluding utilities. g) Policy Implications: The applicants recommended for exemption are in accordance with the adopted policies. The recommendation to deny the four other groups is because they do not meet the Municipal Policy. h) Alternatives: Council can give a financial grant of an equivalent amount of the property tax to the organizations it wishes to support. This has the effect of requiring an annual budget review and provides Council with flexibility from year to year. Council has used this option from time to time. Grants have been provided for both the Salvation Army and The Fraternal Order of Eagles. In 2004 the Salvation Army received a grant in the amount of $2,618. The Fraternal Order of Eagles received a grant in the amount of $2,100. The Municipality supported the Salvation Army with a grant of $16,320 in 2003, while they awaited official church status. CONCLUSIONS: In reviewing the request for permissive exemptions, Council Members should ensure: .1. The use is consistent with Municipal policies, plans, bylaws, codes and regulations. This will ensure the goals, policies, and general operation principles of the Municipality as a whole are reflected in the organizations that receive Municipal support. Exemptions are not given to services that are otherwise provided on a private, for profit basis. This would provide an unfair competitive advantage. The services provided by the organization should be an extension of Municipal services and programs and must fall under the responsibility of local government. Senior government program costs must not be transferred to property taxpayers, as this would represent double taxation and an inequitable tax burden. Primarily Maple 'Ridge residents should use the services and the organization's regulations must allow all Maple Ridge residents to participate. The taxation burden resulting from the exemption must be a justifiable expense to the taxpayers of the Municipality. The sources of Municipal revenue are limited and request for exemption must be considered in concert with other needs of the Municipality. A reading file with the applications is provided for your information Prepared by: Steve W e ' Accounting Clerk Concurrence JachG. Sorba, CGA Director of Finance Approved by: i6uiGdl, BBA, CGA GM - Co . & Fin. Services Concurrence:j.ft.. (Jim) Rule (lhief Administrative Officer CORPORATION OF THE DISTRICT OF MAPLE RiDGE BY-LAW NO. 6261 - 2004 A By-law to exempt from taxation, certain properties within The Municipality of Maple Ridge WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge in open meeting assembled, ENACTS AS FOLLOWS: This By-law shall be cited for all purposes as "Maple Ridge Taxation Exemption By-law No. 6261 - 2004". That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation: Owned by the Albion Community Club (Albion Community Hall) Roll No.: 84174-0100-3 10017 - 240th Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 163,800 1,938.76 2,011.46 2,081.86 Owned by the Ruskin Community Hall Roll No.: 94856-0000-8 28395 - 96th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 181,300 2,145.89 2,226.36 2,304.29 Owned by the Girl Guides of Canada Roll No.: 05322-0300-1 26521 Ferguson Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 337,700 3,997.06 4,146.95 4,292.10 Owned by the Scout Properties (B.C./Yukon) Ltd. Roll No.: 05299-0100-0 27660 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 343,200 4,062.16 4,214.49 4,362.00 Owned Yennadon Youth Association (Yennadon Youth Hall) Roll No.: 73878-0300-6 23461 - 132 d Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 228,900 2,709.29 2,810.89 2,909.27 Owned by the Corporation of the District of Maple Ridge Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course) Roll No.: 21238-1001-1 20818 Golf Lane 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 2,605,900 32,260.27 33,470.02 34,641.47 Portion of Land and Improvements owned by the Corporation of the District of Maple Ridge Leased to: Elderly Citizens Recreation Association Roll No.: 52700-0001-0 12148 - 224" Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 1,914,000 27,976.72 29,025.85 30,041.76 3. That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned by a charitable, philanthropic, or other not for profit corporation, and the council consider are used for the same purpose be exempt from taxation: Owned by 11996 Holdings Inc. (R.C.M.P. Annex) Roll No.: 31812-0402-2 11996 Edge Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 719,000 10,509.54 10,903.65 11,285.28 Owned by the Maple Ridge Search and Rescue Society Roll No.: 84 120-0005-0 23598 105th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 220,800 3,227.41 3,348.44 3,465.63 4. That in accordance with Section 224(2)(d) of the Community Charter, the interest in land. and improvements of municipal buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as a licensee or tenant of the municipality, shall be exempt from taxation: Owned by the Corporation of the District of Maple Ridge Leased to: The Society for the Prevention of Cruelty to Animals Roll No.: 84292-0100-2 . . 10235 Industrial Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 113,900 1,664.86 1,727.30 1,787.75 Owned by the Greater Vancouver Sewerage and Drainage District Leased to: Ridge Meadows Recycling Society Roll. No.: 84112-0001-0 236th Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 585,000 . 8,550.88 8,871.54 9,182.04 5. That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship, be exempt from taxation: Owned by Wildwood Fellowship Church Roll No.: 0507 1-0100-5 10810 - 272nd Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 126,642 1,498.95 1,555.16 1,609.59 Owned by Pt. Hammond United Church Roll No.: 10622-0100-0 11391 Dartford Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 70,840 838.47 869.91 900.36 Owned by Christian & Missionary Alliance - Canadian Pacific District Roll No.: 20804-0401-1 20399 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 290,338 3,436.48 3,565.35 3,690.14 Owned by the St. Pauls Evangelical Lutheran Church of Haney B.C. Roll No.: 20861-0100-4 12145 Laity Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 231,754 2,743.07 2,845.94 2,945.54 Owned by the St. John the Divine Anglican Church Roll No.: 20920-0100-1 21299 River Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 172,423 2,040.82 2,117.35 2,191.46 Owned by Roman Catholic Archbishop of Vancouver Church Roll No.: 21140-0400-1 20285 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 474,711 5,618.74 5,829.45 6,033.48 Owned by the Christian Reformed Church of Maple Ridge B.C. Roll No.: 21142-3300-3 20245 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 462,874 5,478.64 5,684.09 5,883.03 Owned by the Burnett Fellowship Baptist Church Roll No.: 21190-0001-0 20639 - 123 Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 309,720 , 3,665.89 3,803.36 3,936.48 Owned by the President of the Lethbridge Stake (Mormon Church), Roll Nd: 21255-0201-X 11750— 207th Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 254,609 3,013.59 3,126.60 3,236.03 Owned by the Trustees of the Maple Ridge East Congregation of Jehovah's Roll No.: 2 1335-2200-2 11770 West Street 2004 Assessed Value , Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 235,349 2,785.62 2,890.08 2,991.24 V . (k) Owned by First Church Christ Scientist Roll No.: 3 1678-0000-8 11916— 222"' Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 48,322 571.95 593.39 614.16 (1) Owned by The Church of the Nazarene Roll No.: 4 1990-0000-8 . 21467 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 333,120 3,942.85 4,090.71 4,233.89 Owned by the High Way Church Roll No.: 42162-0000-X 21746 Lougheed Highway 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 264,995 3,136.52 3,254.14 3,368.03 Owned by the Trustees of the Congregation of the Haney Presbyterian Church Roll No.: 42 1.76-0000-8 11858 - 2166' Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 294,053 3,480.45 3,610.97 3,737.35 Owned by the Trustees of St. Andrews Congregation of the United Church of Canada Roll No.: 42249-0100-6 22165 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption . Estimated 2007 Exemption 364,565 4,315.04 4,476.85 4,633.54 Owned by M.R. Baptist Church Roll No.: 42331-0100-1 22155 Lougheed Highway 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 1,571,680 18,602.62 19,300.22 19,975.72 Owned by Timberline Ranch Roll No.: 52982-0000-X . 22351 - 1440' Avenue, #101 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 174,600 2,066.59 2,144.09 2,219.13 Owned by the Trustees of Webster's Corner United Church Roll No.: 63029-0100-5 25102 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 105,020 1,243.03 1,289.64 1,334.78 Owned by Pentecostal Assemblies of Canada Roll No.: 63 163-2300-2 11756— 232td Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 667,163 7,896.63 8,192.76 8,479.50 Owned by Lord Bishop of New Westminster (St. John Evangelical) Roll No.: 94720-0001-0 27123 River Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 203,532 2,409.03 2,499.37 2,586.85 Owned by the United Church of Canada Roll No.: 947 17-0000-0 27079 River Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 55,089 652.04 676.49 700.17 Owned by Whonnock United Church Roll No.: 947 19-0000-1 27091 River Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 110,555 1,308.54 1,357.61 1,405.13 Owned by Trustees of the Congregation of Whonnock United Church Roll No.: 94741-02004 272"' Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 31,700 375.21 389.28 402.90 (x)' Owned by Ruskin Gospel Church Roll No.: 94803-0100-3 28304 - 96th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 129,360 1,531.12 1,588.54 1,644.14 Owned by Apostles Infinite Love, Canada Roll No.: 94906-0000-3 27289 - 96th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 127,700 1,511.47 1,568.15 1,623.04 Owned Roman Catholic Archbishop of Vancouver Roll No.: 52788-0000-8 ' 22561 - 121" Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 314,937 3,727.64 3,867.42 4,002.78 (aa) Owned by The B.C. Conference of the Mennonite Brethren Churches Inc. Roll No.: 20762-0305-0 20450 Dewdney Trunk Road 2004 Assessed • Value Estimated 2005 Exemption Estimated 2006' Exemption Estimated 2007 Exemption 1,200,700 14,211.65 14,744.59 15,260.65 (bb) Owned by The Parish of St. George, Maple Ridge Roll No.: 63 157-2001-1 23500 Dewdney Trunk Road 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 258,210 3,056.21 3,170.82 3,281.80 6. That in accordance with Section 224(2)(h) of the Community Charter, in relation to property that is exempt. under section 220(1 )(I) [private schools], any area of land surrounding the exempt building shall be exempt from taxation: Owned by Haney - Pitt Meadows Christian School Association Roll No.: 20806-0400-0 ' 12140 - 203w Street 2004 Assessed Value • Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 337,390 4,931.59 5,116.53 5,295.60 Owned by Meadowridge School Society Roll No.: 63414-0001-0 12224 - 2400' Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 474,960 5,621.69 5,832.50 6,036.64 $ 7. That in accordance with Section 225(2)(b) of the Community Charter the following Heritage lands and improvements shall be exempt from taxation: Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney House) Roll No.: 31790-0000-4 11612— 224th Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 312,200 1,473.69 1,528.96 1,582.47 Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office & Haney Brick Yard House) Roll No.: 31962-0502-3 22520 - 1 16th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 409,000 5,978.31 6,202.49 6,419.58 Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (St. Andrew's United Church) Roll No.: 3 1428-0000-1 22279— 1 16th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 117,000 1,710.18 1,774.31 1,836.41 Owned by the Corporation of the District of Maple Ridge Leased to: Fraser Information Society (Old Japanese School House) Roll No.: 31492-0000-3 11739 - 223w Street 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 179,200 2,619.35 2,717.57 2,812.69 Owned by Prince David Temple Society (Masonic Lodge) Roll No.: 31429-0100-0 22272 - 116th Aveue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 222,800 3,256.64 3,378.77 3,497.02 That in accordance with Section 224(2)(c) of the Community Charter, "land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a second use", the council may, by the adoption of a by-law, determine theproportions of the land and improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter. Land and Improvements owned by the Corporation of the District of Maple Ridge Herein called Cam Neely Arena, shall be exempted from 90% of taxation Roll No.: 84120-0002-0 23448 - 105th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 3,424,000 50,048.22 51,925.03 53,742.41 Land and Improvements owned by the Corporation of the District of Maple Ridge Herein called The Golden Ears Winter Club, shall be exempted from 95% of taxation Roll No.: 84 120-0004-0 23588 - 105 th Avenue 2004 Assessed Value Estimated 2005 Exemption Estimated 2006 Exemption Estimated 2007 Exemption 3,138,000 45,867.79 47,587.84 49,253.41 Included within each of the exemptions 8(a) and 8(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements. The exemption from taxation as herein before noted applies for the year 2005. The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. READ a first time READ a second time READ a third time RECONSIDERED AND ADOPTED MAYOR CLERK 2005 Permissive Tax Exemptions Summary of Applications The list below is a' summary of the applicants and pertinent information that is required to evaluate for the possibility of a permissive tax exemptions The following properties have applied for a 2005 permissive tax exemption under section 224(2)(i) of the Community Charter which exempts "land or improvements owned or held by an athletic or service club or association and used as a public park or recreation ground or for public athletic or recreational purposes" The Albion Community Club, located at 10017 - 240th Street, operates on a Not- for-Profit basis and any proceeds are used to maintain and improve the hail facilities. The hail is used by many different user groups for a variety of meetings and activities; these include the Albion New Horizons Club, East Maple Ridge Community Policing Committee, Albion Elementary School and the MIRM Pentathlon Club. The Club is an existing society and is in good standing with the Registrar of Companies. Most of the funding for the Club is obtained through bookings and hall rentals. They have demonstrated a financial need for a permissive tax exemption and have been granted permissive tax exemptions in previous years. The Ruskin Community Hall, located at 28395 - 96th Avenue, operates on a Not- for-Profit basis and is maintained by volunteers of the Ruskin Community Hall Association. The hail is regularly used by other non-profit groups for both regular meetings and special events. Groups include Girl Guides (Sparks, Brownies and Guides), The Boy Scouts (Beavers), Sons of Norway, Ruskin Gospel Church and the Maple Ridge 4H Club. The majority of the Hall's funding is obtained through hali rentals and recreational classes. They have demonstrated a financial need for a permissive tax exemption and have been granted permissive tax exemptions in previous years. The Girl Guides of Canada own property located at 26521 Ferguson Avenue. Girl Guides is a non-profit organization that promotes a healthy respect for nature and the outdoors and provides opportunities for girls and adults to feel comfortable living in the out-of-doors. The property is used as a meeting hall and is a camp that is used year round on 'weekends. Skills learned at the campsite enable girls to attend camps throughout B.C., across Canada, and in countries throughout the world. The majority of the Girl Guides funding is obtained through membership and camp revenue, and in review of their financial statements, a financial need for a permissive tax exemption has been demonstrated. The Girl Guides have been granted permissive tax exemptions in previous years. Scout Properties (B.C./Yukon) Ltd. own property located at 27660 Dewdney Trunk Road. The property is not being held for any profit motive and the lodge as well as the camping sites are operated on a not-for-profit basis. The land and facility provide the youth in this municipality with a community service centre offering Scouting programs for young people of five to twenty six years of age. In addition to the traditional "outdoor" emphasis of Scouting, members are encouraged to get involved with their sponsors and the community in service and support roles. Members have been involved with many activities, including involvement with the hamper society during Christmas, and such environmental projects as creek clean ups and tree planting. Funding for the Scouts is obtained mainly through donation and financial need for a permissive tax exemption has been demonstrated. The Scout Properties (B.C./Yukon) Ltd. have been granted permissive tax exemptions in previous years. Yennadon Youth Association, which operates the Yennadon Youth Hall located at 23461 - 132 Avenue, is a non-profit organization. The hail is operated for the benefit of youth and community organizations. It is commonly used by many different youth organizations, such as Beavers, Pathfinders, Scouts, Cubs, Venturers and Rovers. The hail is used on a regular basis for weekly meetings and camps all year round. Community groups and private citizens have also used the hall for meetings and receptions. The Yennadon Youth Association obtains the majority of its funding through hall rentals and a variety of fundraising activities, such as bottle drives and popcorn sales. A financial need for a permissive tax exemption has been demonstrated and they, have been granted permissive tax exemptions in previous years. Maple Ridge Golf Course (Public Golf Course), which is owned by the Corporation of the District of Maple Ridge, is a public golf course located at 20818 Golf Lane. The course is held by an athletic club, being unrestrictive in its membership and is used for public athletic and recreational purposes. The Maple Ridge Golf Course has been granted permissive tax exemptions in previous years. Elderly Citizens Recreation Association, located at 12148 - 220, Street, is a non-profit association. The property is owned by the Corporation of the District of Maple Ridge and is occupied by a service club which provides recreational activities to many of Maple Ridge's senior and elderly citizens. E.C.R.A. has received permissive tax exemptions in previous years. The following properties are being considered for a permissive tax exemption under section 224(2)(a) of the Community Charter which exempts "land and improvements that are owned by a charitable, philanthropic, or other not for profit corporation, and the council considers are used for a purpose that is directly related to the purposes of the corporation" 11996 Holdings Inc. (R.C.M.P. Annex) located at 11996 Edge Street, is a not for profit organization. The property is used for the benefit of the community and is owned and occupied by an organization as tenant for the protection and benefit of the community. The organization provides such services as community policing, school liaison officers, citizens on patrol, speed watch and volunteer bike patrols. They deal with issues in the community such as matters concerning the homeless, security in the downtown core and they help to provide a safer environment through crime analysis and volunteer efforts. They have been granted permissive exemptions in previous years. Maple Ridge Search and Rescue Society located at 23598 - 105 th Avenue, is a not for profit organization. The property is used to benefit the community and is owned and occupied by the organization and operated as a search and rescue facility. The Maple Ridge Search and Rescue Society is run completely by volunteers and provides an invaluable service. They have been granted permissive exemptions in the previous years. The following properties are owned by the Corporation of the District of Maple Ridge and the Greater Vancouver Sewerage and Drainage District respectively. Both are leased to non-profit organizations and are to be considered for a permissive tax exemption in accordance with section 224(2)(d) of the Community Charter, which states: "the interest in land and improvements of municipal buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as a. licensee or tenant of the municipality, shall be exempt from taxation" The Society for the Prevention of Cruelty to Animals, which is located at 10235 Industrial Avenue, is a non profit organization that provides an invaluable service by protecting those that cannot speak for themselves. The S.P.C.A. relies heavily on funding through grants and donations and has been granted permissive tax exemptions in previous years. Ridge Meadows Recycling Society is located on 236th Street and is a non profit organization that provides an essential service to the community and more importantly, they protect and preserve the environment through constant recycling efforts. The Ridge Meadows Recycling Society has demonstrated a need for monetary assistance and has been granted permissive tax exemptions in previous years. The following properties are to be considered for permissive tax exemptions under section 224(2)(f) of the Community Charter, which exempts land and improvements, in addition to the statutory exemption of the building set apart for public worship, that have been deemed as necessary to the building set apart for public worship and have not been statutorily exempted under section 220(1)(h) [buildings for public worship] of the Community Charter. These exemptions are also in accordance with Maple Ridge Church Taxation Exemption By-law No. 3625 - 1985, which granted permissive tax exemptions for additional land and a church hall to a maximum of 2.0235 hectares or five acres. Maple Ridge Church Taxation Exemption By-law No. 3625 - 1985 was to be in force for the 1986 calendar year and remain in force until amended or repealed. Under section 224 of the Community Charter, permissive exemptions can be granted for a maximum of 10 years. Wildwood Fellowship Church located at 10810 - 272 nd Street Pt. Hammond United Church located at 11391 Dartford Street Christian & Missionary Alliance - Canadian Pacific District located at 20399 Dewdney Trunk Road St. Pauls Evangelical Lutheran Church of Haney B.C. located at 12145 Laity Street St. John the Divine Anglican Church located at 21299 River Road Roman Catholic Archbishop of Vancouver Church located at 20285 Dewdney Trunk Road Christian Reformed Church of Maple Ridge B.C. located at 20245 Dewdney Trunk Road Burnett Fellowship Baptist Church located at 20639 - 123rd Avenue President of the Lethbridge Stake (Mormon Church) located at 11750 - 207 th Street Trustees of the Maple Ridge East Congregation of Jehovah's located at 11770 West Street First Church Christ Scientist located at 11916 - 222id Street The Church of the Nazarene located at 21467 Dewdney Trunk Road High Way Church located at 21746 Lougheed Highway Trustees of the Congregation of the Haney Presbyterian Church located at 11858 - 216th Street Trustees of St. Andrews Congregation of the United Church of Canada located at 22165 Dewdney Trunk Road M.R. Baptist Church located at 22155 Lougheed Highway Timberline Ranch located at 22351 - 144 th Avenue, #101 Trustees of Webster's Corner United Church located at 25102 Dewdney Trunk Road Pentecostal Assemblies of Canada located at 11756 - 232 nd Street Lord Bishop of New Westminster (St. John Evangelical) located at 27123 River Road United Church of Canada located at 27079 River Road Whonnock United Church located at 27091 River Road Trustess of the Congregation of Whonnock United Church located on 272' Street Ruskin Gospel Church located at 28304 - 96th Avenue Apostles Infinite Love, Canada located at 27289 - 96th Avenue Roman Catholic Archbishop of Vancouver located at 22561 - 120 Avenue The B.C. Conference of the Mennonite Brethren Churches Inc. located at 20450 Dewdney Trunk Road The Parish of St. George, Maple Ridge located at 23500 Dewdney Trunk Road The following properties are to be considered for permissive tax exemptions under section 224(2)(h) of the Community Charter, which exempts land and improvements, in addition to the statutory exemption of the building that have not been statutorily exempted under section 220(1 )(l) [private schools] of the Community Charter. These exemptions are also in accordance with Maple Ridge Private Schools Taxation Exemption By-law No. 3624 - 1985, which granted permissive tax exemptions for additional land. Maple Ridge Private Schools Taxation Exemption By-law No. 3624 - 1985 was to be in force for the 1986 calendar year and remain in force until amended or repealed. Under section 224 of the Community Charter, permissive exemptions can be granted for a maximum of 10 years. Haney - Pitt Meadows Christian School Association located at 12140 - 203'' Street Meadowridge School Society located at 12224 - 240th Street The following properties are to be considered for a permissive tax exemption under section 225(2)(b) of the Community Charter, which exempts eligible heritage property from taxation. Haney House located at 11612 - 224' Street. The property is owned by the Corporation of the District of Maple Ridge and is leased to The Maple Ridge Historical Society. Haney Brick Yard Office & Haney Brick Yard House located at 22520 - 1 16th Avenue. The property is owned by the Corporation of the District of Maple Ridge and is leased to The Maple Ridge Historical Society. St. Andrew's United Church located at 22279 - 1 16th Avenue. The property is owned by the Corporation of the District of Maple Ridge and is leased to The Maple Ridge Historical Society. Old Japanese School House located at 11739 - 223id Street. The property is owned by the Corporation of the District of Maple Ridge and is leased to the Fraser Information Society. Masonic Lodge located at 22272 - 116th Avenue. The property is owned by the Prince David Temple Society. The following properties are to be considered for permissive tax exemptions to the extent indicated. The exemptions are covered under section 224(2)(c) of the Community Charter, which exempts "land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a second use", the council may, by the adoption of a by-law, determine the proportions of the land and improvements that are to be exempt and taxable. These properties can also be considered under section 224(2)(i) of the Community Charter, which exempts, "land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes" by the proportions set in accordance with section 224(2)(c) of the Community Charter. Cam Neely Arena (90% exemption) located at 23448 - 105 th Avenue. The property is owned by the Corporation of the District of Maple Ridge. The Golden Ears Winter Club (95% exemption) located at 23588 - 1051h Avenue. The property is owned by the Corporation of the District of Maple Ridge. Prepared by Steve Wyke Accounting Clerk Finance Dept. #26 [SBC 2003] COMMUNITY CHARTER 1st 100% 2nd 80% 3rd 60% 4th 40% 5th 2003-26-222. Exemptions under regulations 223. (1.) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property taxes under any Act in respect of one or more of the following: prescribed industrial land or industrial improvements, or both; (a.1) prescribed business land or business improvements, or both; prescribed improvements at prescribed community airports; prescribed land or improvements at prescribed community ports. Without limiting section 283 [variation authority], regulations under subsection (1) may be different for different community airports and different community ports. An exemption under subsection (1) (b) or (c) applies to an airport or port only for a taxation year in which it is operated as a community airport or community port, as applicable. 2003-26-223; 2003-52-546. Part 7: Division 7 Permissive Exemptl General authority for permissive exemptions 224. (1.) A council may, by bylaw in accordance with this section, exempt land or improvements, or both, referred to in subsection (2) from taxation under section 197 (1) (a) [municipal property taxes], to the extent, for the period and subject to the conditions provided in the bylaw. (2.) Tax exemptions may be provided under this section for the following: (a) land or improvements that are owned or held by a charitable, philanthropic or other not for profit corporation, and the council considers are used for a purpose that is directly related to the purposes of the corporation; (b) land or improvements that (i) are owned or held by a municipality, regional district or other local Page 10401141 Quickscribe Services Ltd. #26 [SBC 2003] COMMUNITY CHARTER authority, and (ii) the council considers are used for a purpose of the local authority; land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutoty exemptions] were it not for a secondary use; the interest of a public authority, local authority or any other corporation or organization in land or improvements that are used or occupied by the corporation or organization if (I) the land or improvements are owned by a public authority or local authority, and (ii) the land or improvements are used by the corporation or organization for a purpose in relation to which an exemption underthis Division or Division 6 of this Part would apply or could be provided if the land or improvements were owned by that corporation or organization; the interest of a public authority, local authority or any other corporation or organization in land or improvements that are used or occupied by the corporation or organization if (,) the land or improvements are owned by a person who is providing a municipal service under a partnering agreement, an exemption under section 225 [partnering and other special tax exemption authority] would be available for the land or improvements in relation to the partnering agreement if they were used in relation to the service, the partnering agreement expressly contemplates that the council may provide an exemption under this provision, and the land or improvements are used by the corporation or organization for a purpose in relation to which an exemption under this Division or Division 6 of this Part would apply or could be provided if the land or improvements were owned by that corporation or organization; ( (f) in relation to property that is exempt under section 220 (1) (h) [buildings for • public worship], an area of land surrounding the exempt building, a hall that the council considers is necessary to the exempt building and the land on which the hail stands, and an area of land surrounding a hall that is exempt under subparagraph (ii); land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hail that the council considers is necessary to land or improvements so used or occupied; in relation to property that is exempt under section 220 (1) (i) [seniors' homes], (I) [hospitals] or (I) [private schools], any area of land surrounding the exempt building; (I) land or improvements owned or held by an athletic or service club or association and used as a public park or recreation ground or for public athletic or recreational purposes; (j) land or improvements owned or held by a person or organization and operated as a licensed community care facility or registered assisted living residence Page 105 of 141 Ouickscnbe Services Ltd. #26 [SBC 2003] COMMUNITY CHARTER under the Community Care and Assisted Living Act; (k) land or improvements for which a grant has been made, after March 31, 1974, under the Housing Construction (Elderly Citizens) Act before its repeal. (3.) The authority under subsection (2) (e) and (g) to (j) is not subject to section 25 (1) prohibition against assistance to business]. (4.) Subject to subsection (5), a bylaw under this section must establish the term of the exemption, which may not be longer than 10 years, may only be adopted after notice of the proposed bylaw has been given in accordance with section 227 [notice of permissive tax exemptions], and does not apply to taxation in a calendar year unless it comes into force on or before October31 in the preceding year. (5.) Subsection (4) (a) and (b) does not apply in relation to exemptions under subsection (2) (f) and (h). (6.) If only a portion of a parcel of land is exempt under this section, the bylaw under this section must include a description of the land that is satisfactory to the assessment commissioner. (7.) A bylaw under this section ceases to apply to property, the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation. 2003-26-224; 2003-52-42(a); 2003-52-42(b). Partnering, heritage, riparian and other special exemption authority 225. (1.) In this section: "eligible property" means property that is eligible under subsection (2); "exemption agreement" means an agreement under subsection (5). (2.) The following property is eligible for a tax exemption under this section:. (a) eligible parthering property, being property that is owned by a person or public authority providing a municipal service under a partnering agreement, and the council considers will be used in relation to the service being provided under the partnering agreement; (b) eligible heritage property, being property that is protected heritage property, subject to a heritage revitalization agreement under section 966 of the Local Government Act, subject to a covenant under section 219 of the Land Title Act that relates to the conseniation of heritage property, or if property referred to in subpara graphs (i) to (iii) is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding that improvement; (c) eligible riparian property, being property that (i) is riparian land, (,) has the municipality granting the exemption under this section as a Page 106 of 141 Quickscribe Services Ltd. #26 [SBC 2003] COMMUNITY CHARTER covenantee in whose favour the covenant is made, and (ii) is subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property, and has the municipality granting the exemption under this section as a covenantee in whose favour the covenant is made, and (iii) meets any other requirements prescribed by regulation; eligible cemetety property, being land held for cemetery, mausoleum or columbarium purposes; eligible golf course property, being land maintained as a golf course. (3.) A council may, by bylaw, exempt eligible property from taxation under section 197 (1) (a) [municipal property taxes] to the extent provided in the bylaw and subject to the conditions established by exemption agreement. (4.) The authority under subsection (3) is not subject to section 25 (1) [prohibition against assistance to business]. (5.) For the purposes of this section, the council may enter into an agreement with the owner of property that is exempt or is to be exempt under this section, respecting the extent of the exemption and the conditions on which it is made. (6.) Without limiting subsection (5), an exemption agreement may do one or more of the following: - require the eligible property to be subject to a covenant under section 219 of the Land Title Act in favour of the municipality; provide that the exemption is subject to specified conditions; provide that, if a condition is not met, a required covenant under section 219 of the Land Title Act is discharged, or any other circumstances specified in the agreement occur, the property owner must pay to the municipality an amount determined in accordance with the agreement. (7.) A bylaw under this section must establish the term of the exemption, may only be adopted after notice of the proposed bylaw has been given in accordance with section 227 [notice of permissive tax exemptions], may only be adopted by an affirmative vote of at least 213 of all council members, and does not apply to taxation in a calendar year unless it comes into force on or before October31 in the preceding year (8.) An exemption under this section ceases to apply to property, the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation. 2003-26-225; 2004-35-83. Revitalization tax exemptions 226. (1.) A revitalization tax exemption may be provided under this section if the property is in a revitalization area designated under subsection (2), the exemption would be in accordance with a revitalization tax exemption program bylaw under subsection (4), Page 107 of 141 Quickscnbe Services Ltd. #26 [SBC 2003] COMMUNITY CHARTER an agreement under subsection (6) applies, and a tax exemption certificate for the property has been issued under subsection (7). (2.) A council may, for the purpose of encouraging revitalization of an area of the municipality, designate an area as a revitalization area in either the annual financial plan. under section 165 or an official community plan. (3.) The designation under subsection (2) must include statements of the reasons for the designation and the objectives of the designation. (4.) For an area designated under subsection (2), the council may, by bylaw, establish a revitalization tax exemption program which may include the following: the kinds of property revitalization that will be eligible for a tax exemption under this section; the extent of the revitalization tax exemption available; the conditions on which a tax exemption certificate may be issued; provision for a recapture amount that must be paid by the owner of the property to the municipality if the conditions on which a tax exemption certificate is issued are not met. (5.) A bylaw under subsection (4) (a) may only provide for exemptions in respect of the construction of a new improvement, or the alteration of an existing improvement, (b) may only provide for a maximum exemption that does not exceed the increase in the assessed value of land and improvements on the parcel between the year before the construction or alteration began, and the year in which the tax exemption certificate is issued, (c) must establish the amounts of exemptions that may be provided under the bylaw, by specifying amounts or by establishing formulas by which the amounts are to be determined, or both, (d) must establish the maximum term of a revitalization tax exemption, which may not be longer than 5 years, (e) may provide for a single renewal of a revitalization tax exemption for a term not longer than 5 years, (f) may be different for different property classes under the Assessment Act, different classes of improvements as established by the bylaw, different classes of property as established by the bylaw, and different uses as established by zoning bylaw, and (g) may only be adopted after notice of the proposed bylaw has been given in accordance with section 227 [notice of permissive tax exemptions]. (6.) For the purposes of this section, the council may enter into an agreement with the owner of property respecting the provision of an exemption under this section and the conditions on which it is made. (7.) Once the conditions established in the bylaw under subsection (4) and the agreement under subsection (6) have been met, a revitalization tax exemption certificate must be issued for the property in accordance with the agreement. (8.) A revitalization tax exemption certificate must, in accordance with the bylaw under subsection (4) and the agreement under subsection (6), specify the following: Page 108 of 141 Quickscnbe Services Ltd. #26 [SBC 2003] COMMUNITY CHARTER the amount of the tax exemption or the formula for determining the exemption; the term of the tax exemption; if applicable, the conditions on which the tax exemption is provided; (d)) if applicable, that a recapture amount is payable if the certificate is cancelled and how that amount is to be determined. (9.) So long as a revitalization tax exemption certificate has not been cancelled, the land and improvements subject to the certificate are exempt, to the extent, for the period and subject to the conditions provided in the certificate, from taxation under section 197 (1) (a) [municipal property value taxes]. (10.) A revitalization tax exemption certificate may be cancelled by the council on the request of the property owner, or if any of the conditions in the tax exemption certificate are not met. (11.) A revitalization tax exemption certificate or cancellation does not apply to taxation in a calendar year unless it is issued or cancelled, as applicable, on or before October 31 in the preceding year. (12.) The designated municipal officer must provide a copy of a revitalization tax exemption certificate to the relevant assessor as soon as practicable after it is issued, and if applicable, notify that assessor as soon as practicable after a revitalization tax exemption certificate is cancelled. (13.) The authority to provide a tax exemption under this section is not subject to section 25 (1) [prohibition against assistance to business]. 2003-26-226. Notice of permissive tax exemptions 227. (1.) A council must give notice of a proposed bylaw under this Division in accordance, with section 94 [public notice]. (2.) Subject to subsection (3), the notice under subsection (1) must identify the property that would be subject to the bylaw, describe the proposed exemption, state the number of years that the exemption may be provided, and provide an estimate of the amount of taxes that would be imposed on the property if it were not exempt, for the year in which the proposed bylaw is to take effect and the following 2 years. (3.) In the case of a bylaw under section 226 (4) [revitalization tax exemption program bylaw ], the notice under subsection (1) must identify the designated area for the program, describe the reasons for and the objectives of the program, describe how the proposed program is intended to accomplish the objectives, and state the maximum term of exemptions that may be provided under the prqgram. 2003-26-227. Part 7: Division 8— Tax Liability of Occupiers Taxation of Crown land used by others Page 109 of 141 Quickscribe Seivices Ltd. Proposed Tax Exemptions Esfimcd Permissive Exeiyfions Assessed Values for Permissive Exemptions 2004 Class 2005 Exemption 2006 Exemption 2007 Exemption Property To Be Exempted Roll Number Land Improvement Total Albion Community Club 84174-0100-3 99,000 64,800 163,800 8 1,938.76 2,011.46 2,081.86 Ruskin Community Hall 94856-0000-8 138,000 43,300 181,300 8 2,145.89 2,226.36 2,304.29 Girl Guides ofCanada 05322-0300-1 271,000 66,700 337,700 8 3,997.06 4,146.95 4,292.10 Scout Properties (B.C./ Yukon) Ltd. 05299-0100-0 325,000 18,200 343,200 8 4,062.16 4,214.49 4,362.00 Yennadon Youth Association (Yennadon Youth Hall) 73878-0300-6 211,000 17,900 228,900 8 2,709.29 2,810.89 2,909.27 Maple Ridge GolfCourse Limited 21238-1001-1 1 1,000 26,400 27,400 1 129.34 134.19 138.88 Maple Ridge GolfCourse Limited 21238-1001-1 29,500 560,000 579,500 6 8,470.49 8,788.13 9,095.71 Maple Ridge GolfCourse Limited 21238-1001-1 1,999,000 0 1,999,000 8 23,660.44 24,547.70 25,406.87 Elderly Citizens Recreation Association 52700-0001-0 577,000 1,347,000 1,914,000 6 27,976.72 29,025.85 30,041.76 11996 Holdings Inc. (R.C.M.P. Annex) 31812-0402-2 335,000 394,000 719,000 6 10,509.54 10,903.65 11,285.28 Maple Ridge Search and Rescue Society 84120-0005-0 82,800 148,000 220,800 6 3,227.41 3,348.44 3,465.63 The Society for the Prevention of Cruelty to Animals 84292-0100-2 89,700 34,200 113,900 6 1,664.86 1,727.30 1,787.75 Ridge Meadows Recycling Society 84112-0001-0 112,000 483,000 585,000 6 8,550.88 8,871.54 9,182.04 The Maple Ridge Historical Society (Haney House) 31790-0000-4 239,000 73,200 312,200 1 1,473.69 1,528.96 1,582.47 The Maple Ridge Historical Society (Haney Brick Yard Office & Haney Brick Yard House) 3 1962-0502-3 276,000 143,000 409,000 6 5,978.31 6,202.49 6,419.58 The Maple Ridge Historical Society (St. Andrews United Church) 31428-0000-1 117,000 3,000 117,000 6 1,710.18 1,774.31 1,836.41 Fraser Information Society (Old Janpanese School House) 3 1492-0000-3 136,000 53,200 179,200 6 2,619.35 2,717.57 2,812.69 Masonic Lodge 3 1429-0100-0 206,000 26,800 222,800 6 3,256.64 3,378.77 3,497.02 Cam Neely Arena 84120-0002-0 799,000 2,635,000 3,424,000 6 50,048.22 51,925.03 53,742.41 The Golden Ears Winter Club 84120-0004-0 203,000 2,945,000 3,138,000 6 45,867.79 47,587.84 49,253.41 Wildwood Fellowship Church 0507 1-0100-5 126,642.00 0.00 126,642.00 8 1,498.95 1,555.16 1,609.59 Pt. Hammond United Church 10622-0100-0 70,840.00 0.00 70,840.00 8 838.47 869.91 900.36 Christian & Missionary Alliance - Canadian Pacific District 20804-0401-1 284,160.00 6,178.00 290,338.00 8 3,436.48 3,565.35 3,690.14 St. Pauls Evangelical Lutheran Church of Haney B.C. 20861-0100-4 222,500.00 9,254.00 231,754.00 8 2,743.07 2,845.94 2,945.54 St. John the Divine Anglican Church 20920-0100-1 172,423.00 0.00 172,423.00 8 2,040.82 2,117.35 2,191.46 Roman Catholic Archbishop of Vancouver Church 21140-0400-1 419,916.00 54,795.00 474,711.00 8 5,618.74 5,829.45 6,033.48 Christian Reformed Church of Maple Ridge B.C. 21142-3300-3 352,350.00 110,524.00 462,874.00 8 5,478.64 5,684.09 5,883.03 Burnett Fellowship Baptist Church 21190-0001-0 309,720.00 0.00 309,720.00 8 3,665.89 3,803.36 3,936.48 President of the Lethbndge Stake (Mormon Church) 21255-0201-X 232,400.00 22,209.00 254,609.00 8 3,013.59 3,126.60 3,236.03 Trustees of the Maple Ridge East Congregation of Jehovah's 21335-2200-2 221,000.00 14,349.00 235,349.00 8 2,785.62 2,890.08 2,991.24 First Church Christ Scientist 31678-0000-8 48,322.00 0.00 48,322.00 8 571.95 593.39 614.16 The Church of the Nazarene 41990-0000-8 333,120.00 0.00 333,120.00 8 3,942.85 4,090.71 4,233.89 High Way Church 42162-0000-X 253,150.00 11,845.00 264,995.00 8 3,136.52 3,254.14 3,368.03 Trustees of the Congregation of the Haney Presbyterian Church 42 176-0000-8 286,650.00 7,403.00 294,053.00 8 3,480.45 3,610.97 3,737.35 Trustees of St. Andrews Congregation of the United Church of Canada 42249-0100-6 262,300.00 102,265.00 364,565.00 8 4,315.04 4,476.85 4,633.54 M.R. Baptist Church 42331-0100-1 1,571,680.00 0.00 1,571,680.00 8 18,602.62 19,300.22 19,975.72 Timberline Ranch 52982-0000-X 22,600.00 152,000.00 174,600.00 8 2,066.59 2,144.09 2,219.13 Trustees of Webster's Corner United Church 63029-0100-5 105,020.00 0.00 105,020.00 8 1,243.03 1,289.64 1,334.78 Pentecostal Assemblies of Canada 63 163-2300-2 389,700.00 277,463.00 667,163.00 8 7,896.63 8,192.76 8,479.50 Lord Bishop of New Westminster (St. John Evangelical) 94720-0001-0 200,900.00 2,632.00 203,532.00 8 2,409.03 2,499.37 2,586.85 United Church of Canada 94717-0000-0 52,469.00 2,620.00 55,089.00 8 652.04 676.49 700.17 Proposed Tax Exemptions Property To Be Exempted Roll Number Land Improvement Total Class Exemption Exemption Exemption Whonnock United Church 94719-0000-1 110,555.00 0.00 110,555.00 8 1,308.54 1,357.61 1,405.13 Trustees of the Congregation of Whonnock United Church 94741-0200-4 31,700.00 0.00 31,700.00 8 375.21 389.28 17 402.90 Ruskin Gospel Church 94803-0100-3 129,360.00 0.00 129,360.00 8 1,531.12 1,588.54 1,644.14 Apostles Infinite Love, Canada 94906-0000-3 126,000.00 1,700.00 127,700.00 8 1,511.47 1,568.15 1,623.04 Roman Catholic Archbishop of Vancouver 52788-0000-8 312,632.00 2,305.00 314,937.00 8 3,727.64 3,867.42 4,002.78 The B.C. Conference of the Mennonite Brethren Churches Inc. 20762-0305-0 902,700.00 298,000.00 1,200,700.00 8 14,211.65 14,744.59 15260.6458 The Parish of St. George, Maple Ridge 63157-2001-1 246,240.00 11,970.00 258,210.00 8 3,056.21 3,170.82 3,281.80 Haney - Pitt Meadows Christian School Association 20806-0400-0 336,660.00 10,730.00 337,390.00 6 - 4,931.59 5,116.53 5,295.60 Meadowridge School Society 00000-0063-4 420,010.00 54,950.00 474,960.00 8 5,621.69 5,832.50 6,036.64 Taxes Foregone through Permissive Tax Exemptions 1 3253,709.19 3379923.28 3495,750.59 I 1 - =, :A;r- CORPORATION OF THE.DI.STRICT OF MAPLERIDGE BY-LAW NO. 3624-1985 A By-law to exempt from taxation certain properties within the Municipality of Maple Ridge WHEREAS pursuant to the provisions contained in the Municipal Act, every building and the land on which it actually stands, being wholly in use to provide instruction to children equivalent to that furnished in a public school, is exempt from taxation, provided an incorporated institution is the registered owner; AND WHEREAS pursuant to Section 398 (k) of the Municipal Act, the Council may exempt all or part of the lands surrounding such a building; NOW THEREFORE the Council of the' Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This By-law may be cited as "Maple Ridge Private Schools Taxation Exemption By-law No. 3624-1985". ) 2. The hereinafter mentioned lands and improvements thereon shall be exempt from taxation; Lot B of A of 1, Save and Except Reference Plan 17121, District Lot 241, Group 1, Plan 16630, at 12142 - 203 Street, Maple Ridge, British Columbia, owned by the Haney-Pitt Meadows Christian School Association, and Two and eighty-seven one-hundredths (2.87) acres of Lot 24, West 1/2 Section 20, Township 12, Plan 1161, New Westminster District, at 22561 - 121 Avenue, Maple Ridge, British Columbia, owned by the Roman Catholic Archbishop of Vancouver. Parcel "3" (Reference Plan 15055), Lot "A", except Plan 68661 Section 17, Township 12, Plan 7008 New Westminster District, at 11830 - 230 Street under lease to the Meadowridge Independent School Society. Maple Ridge Church Schools Taxation Exemption By-law No. 2729-1979 is hereby repealed. : This By-law shall be in force with effect for the 1986 calendar year and remain in force until amended or repealed. READ A FIRST TIME the 6th day of August READ A SECOND TIME the 6th day of August READ A THIRD TIME the 6th day of August RECONSiDERED AND ADOPTED the 19th day of August 1985 A.D. ,1985 A.D. ,1985 A.D. ,1985 A.D. By-law No. 3624-198.5 Page 2 CLERK a true and correct copy of Maple Ridge Private Schools Taxation Exemption By-law No. 3624-1985. Date: August 20th, 1985 :k:!__________________ (77,71:35) Corporation of the DIstrict of Maple Ridge By-law No. 3625-1985 A By-law to grant further tax exemption of real property and Church Halls used in conjunction with buildings set apart and in use for the public worship of God. WHEREAS pursuant to the provisions contained in the Municipal Act, the Municipal Council may, by By-law, exempt from taxation aChurch Hall and an area of land upon which the hail is situated and an area of land surrounding the said hail as may be determined by the Municipal Council. AND WHEREAS the Municipal Council may, by By-law, exempt from taxation such area of land surrounding a building in use for the public worship of God as may be determined by the Municipal Council. NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This By-law may be cited as "Maple Ridge Church Taxation Exemption By-law No. 3625-1985". Maple Ridge Church Exemption Taxation By-law No. 2729-1979 is hereby repealed in its entirety. At such times as title to the land exempted from the taxation as provided hereinafter in this By-law is regJstered in other than the. name of the religious organization using the building, or in trustees for the use of that organization, or in a religious organization granting a lease of the building and land to be used solely for the public worship of God, the land and improvements shall then become subject to taxation. Church Halls shall be exempted from taxation. The entire parcel of land upon which the building set apart and in use for the public worship of God and a Church Hall are situated shall be exempted from taxation. Notwithstanding Section 4 above, the maximum area of land to be exempted from taxation shall be 2.0235 hectares or five acres and shall not include lands upon which buildings other than those set apart and in use for the public worship of God and Church Halls are situated. This By-law shall be in force with effect for the 1986 calendar year and remain in force untilamended or repealed. By-law No. 3625-1985 Page 2 READ A FIRST TIME the 6th READ A SECOND TIME the 6th READ A THIRD TIME the 6th RECONSIDERED AND ADOPTED the 1985 A.D. day of August , 1985 A.D. day of August , 1985 A.D. day of August , 1985 A.D. 19th day of August Certified a true and correct copy of Maple Ridge Church Taxation Exemption By-law No. 3625-1985. DATE: August 20th, 1985 (77,71:34) 04~11'1~~~ CORPORATION OF THE MAPLE RIDGE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: Oct. 12, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Council SUBJECT: Completion of the Purchase of the Core Facilities EXECUTIVE SUMMARY: Documents for completion of the purchase of the Core facilities by Maple Ridge Municipal Holdings Ltd. (MRMH) have been prepared. A Council resolution to authorize the Mayor and Municipal Clerk to sign the documents on behalf of the District is requested. RECOMMENDATIONS: The District hereby resolves to provide to MRMH the assistance referred to in the previously published notices of assistance and generally to all things, including execute all documents, required to facilitate the completion of the acquisition of the Downtown Core Facilities by MRMH in accordance with the agreements entered into for that purpose. The District hereby passes the resolutions set out in the Certified Copy of Resolutions of the District of Maple Ridge attached to in the staff report dated October 12, 2004. That the Mayor and Municipal Clerk be authorized to execute the Mutual Release of the Sun Life action referred to in the staff report dated October 12, 2004. DISCUSSION Notice of Assistance (Resolution 1) As Council is aware, Maple Ridge Municipal Holdings Ltd. (MRMH), a wholly-owned subsidiary of the District of Maple Ridge, is in the process of acquiring the Downtown Core facilities. The District of Maple Ridge, through a Partnering Agreement, has agreed to provide assistance to IVIIRMH to complete the acquisition by: lending MRMH up to $32,000,000: and, providing a guarantee up to $17,000,000 of a mortgage in favour of the Toronto-Dominion Bank that will be assumed by MRMH on or around the closing date. The District will be borrowing the funds to be lent to MRMH, under Maple Ridge Downtown Core Facilities Loan Authorization Bylaw No 6246-2004. The money lent to MRMH will be lent for an indefinite term. It will be repayable (upon demand by the District) by MRMH paying to the District the amount of the loan or by MRMH transferring the facilities to the District. The guarantee will be for a term commencing in or around October 14, 2004 (when the transfer of the facilities is expected to occur) and expiring on November 1, 2006 when the mortgage term ends. In connection with the guarantee, the Page 1 /()Of District also intends to enter into an environmental indemnity agreement with the current lender MCAP Financial Corporation, under which the District agrees to indemnify the lender in the unlikely event- the Bank suffers a loss as a result of the environmental conditions of the premises. This agreement will be for perpetual term. Notice of this assistance was published in the September 17 and 21 editions of the Maple Ridge and Pitt Meadows Times in accordance with Section 24 of the Community Charter. A resolution to provide this assistance has been prepared and staff recommend adoption of Resolution 1. Real Estate Transactions (Resolution 2) A number of documents have been prepared to complete the real estate transactions. These include: Covenant Agreement Assumption Agreement C. Environmental Agreement and Indemnity d. Acknowledgement of Receipt of Standard Mortgage Terms The following is a brief description of these "Security Documents": Covenant Agreement The Covenant Agreement is the agreement under which the District guarantees the TD/MCAP mortgage, which is being assumed by MRMFI. Assumption Agreement The Assumption Agreement is the agreement under which MRMH is assuming the TD/MCAP mortgage. This agreement would be signed by the District as well as MIRIvIH because it includes a clause under which the District confirms that it is bound by the Covenant Agreement (i.e. the guarantee). C. Environmental Agreement and Indemnity The Environmental Agreement and Indemnity is an agreement providing for an indemnity in favour of MCAP Financial Corporation (the lender under the TD/MCAP mortgage) in the event the lender should suffer loss as a result of contamination of the premises. d. Acknowledgement of Receipt of Standard Mortgage Terms The TD/MCAP mortgage (which the District would be guaranteeing under the Covenant Agreement) includes standard mortgage terms that are on record at the land title office. The Acknowledgement of Receipt of Standard Mortgage Terms is an acknowledgement that the District has received a copy of those standard terms. The lender, MCAP Financial Corporation, has prepared the necessary resolutions for the District to authorize the execution of the Security Documents. Those resolutions are set out in the Certified Copy of Resolutions of the District of Maple Ridge, which is a document the District's signatories would sign if Council passes resolution number 2 thereby passing by reference the resolutions set out in that certificate. Page 2 Litigation (Resolution 3) In the early stages of the negotiations, a Supreme Court action was commenced. With completion of the negotiations, that action will be released. A mutual release form for Supreme Court Action S030003 (Sun Life) has been prepared and a Council resolution (Resolution 3) authorizing execution of the release is requested; Approved by Pa 1 Gill, B.B.A., C.G.A., F.R.M. General Manager: Corporate & Financial Services Concurrence: J (Jim) Rule ef Administrative Officer Page 3 CERTIFIED COPY OF RESOLUTIONS OF THE DISTRICT OF MAPLE RIDGE (the "District") Re: Assumption of First Mortgage with an outstanding principal balance of $16,692,144.95 as at October 1, 2004 with a per diem rate of interest of $2,946.81 thereafter (the "Loan") and Assignment of Rents registered in favour of MCAP Financial Corporation (the "Lender") against 22470 Dewdney Trunk Road, Maple Ridge, B.0 and legally described as PID: 024-819-000 Lot A DL 398 Gp I NWD Plan LMP46699 (the "Lands") under registration numbers BR289630 and BR289631 (together, the "First Mortgage") by Maple Ridge Municipal Holdings Ltd. ("MRMH"), the purchaser of the beneficial estate in and to the Lands with a supporting covenant from the District of Maple Ridge (the "Covenantor") We, ________ and ,the authorized signatories of the District, DO HEREBY CERTIFY that the following is a true and correct copy of Resolutions duly assented to, adopted and approved by the District of Maple Ridge at a council meeting dated and that such resolutions have not been rescinded or amended, are in full force and effect. WHEREAS: The District is the legal and beneficial owner of all of the shares of Maple Ridge Municipal Holdings Ltd. ("MRMH"); MRMH is the purchaser of 100% of the beneficial right, title and interest in and to the Lands pursuant to the terms and conditions of the Maple Ridge Business Centre Property Purchase and Sale Agreement and Share Purchase Agreement dated for reference June 1, 2004 (the "Purchase Agreement") and MRMH has agreed to assume the First Mortgage on the terms and conditions as set forth in the Assumption Agreement (the "Assumption Agreement") dated the day of October, 2004 made by MRMH to and in favour of the Lender. The District has executed the Assumption Agreement as a Covenantor. In connection therewith, the District has adopted a loan authorization bylaw under s.179(1 )(c) authorizing the provision of financial assistance to MRMH by entering into, executing and delivering to the Lender a supporting guarantee/covenant to the Loan; The District is of the opinion that it is in the best interests to give financial assistance to MRMH as aforesaid. NOW THEREFORE BE IT RESOLVED THAT: The execution and delivery of the Assumption by the Company as Covenantor is hereby ratified, confirmed and approved. 2. The authorized signatories of the District (the "Authorized Signatories") be and are hereby authorized on behalf of the District to enter into, execute and deliver the security documents as set forth in Schedule "A" attached hereto (the "Security Documents") and bind the District to observe and perform its obligations and liabilities to the Lender as forth in the Security Documents. The Security Documents each in the form now produced and shown to the District are hereby ratified and confirmed and are authorized to be executed by the Authorized Signatories with such amendments thereto and deletions thereform as may be approved by the Authorized Signatories whose signatures shall be conclusive evidence of such approval. The Authorized Signatories are further authorized for and on behalf of the District from time to time, to execute and deliver under the common seal of the District, or otherwise, all such deeds, documents and other writings and to do such acts and things as the Lender may consider necessary or advisable for the purpose of giving effect to these Resolutions". DATED at this day of 2004. THE DISTRICT OF MAPLE RIDGE by its authorized signatories: Print Name: Print Name: SCHEDULE "A" SECURITY DOCUMENTS 1. the Assumption Agreement; . 2.. the Covenant Agreement; the Environmental Agreement and Indemnity to be made by MRMH and the District as Obligants to and in favour of the Lender and being an indemnity by the Obligants in favour of the Lender in respect of environmental matters relating to the Lands; all ancillary security documents as required by the Lender's solicitor. ASSUMPTION AGREEMENT THIS AGREEMENT made as of the day of October, 2004. BETWEEN: MAPLE RIDGE MUNICIPAL HOLDINGS LTD. (Inc. No. 695236) of 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 (hereinafter called "MRMH") OFTHE FIRST PART AND: MCAP FINANCIAL CORPORATION (Reg. No. A0062340) #400-2221 Cornwall Street, Regina SK S4P 41VI2 (hereinafter called the "Lender") OF THE SECOND PART AND: THE DISTRICT OF MAPLE RIDGE of 11995. Haney Place, Maple Ridge, B.C. V2X 6A9 (hereinafter called, the "District") OF THE THIRD PART WHEREAS: A. MRTC Tower Properties Ltd. ("MRTC") is the registered owner of the lands and premises civically and legally described as: . 22470 Dewdney Trunk Road, Maple Ridge, B.C. PID: 024-819-000 Lot A DL 398 Gp I NWD Plan LMP 46699 (the "Lands") and holds all right, title and interest in and to the Lands, and all interest therein in trust as bare trustee and agent for MRTC Tower Limited Partnership (the "Limited Partnership") pursuant to the terms and conditions contained in the Declaration of Trust made between MRTC and the Limited Partnership and dated the 12th day of July, 2000 (the "Declaration of Trust"). : I MRTC Tower Trust (the "Trust") is the limited partner of the Limited Partnership pursuant to the terms of the Limited Partnership Agreement dated for reference the 15t)1 day of June, 2000 (the "Limited Partnership Agreement"). By a Mortgage in the principal amount of $17,500,000.00 (the "Loan") and an Assignment of Rents both registered at the New Westminster Land Title Office (the "LTO") on October 31st, 2001 under registration numbers BR289630 and BR289631, respectively (hereinafter together, called the "First Mortgage"), a copy of which is attached hereto as Schedule "A", MRTC as bare trustee and nominee for the Limited Partnership did grant and mortgage in favour of The Toronto-Dominion Bank (the "TD Bank") the Lands upon the terms and conditions as set forth in the First Mortgage. The TD Bank has transferred and assigned all its right, title and interest in and to the Lands, including the First Mortgage and ancillary security (the "Other Security") to the Lender by way of a Transfer of Mortgage filed at the LTO on October _______, 2004 under registration number BW______________ By an agreement entitled "Maple Ridge Business Centre Property Purchase and Sale Agreement and Share Purchase Agreement" (hereinafter called the "Purchase Agreement") made between the Trust and the Limited Partnership as the vendors (together, the "Vendors") and MRMH as the purchaser, MRMH has purchased from the Vendors all of their legal and beneficial right, title and interest in and to the Purchased Assets (as defined in the Purchase Agreement") including but without limitation, the Lands and all of the issued and oUtstanding shares in the capital of MRTC (the "Shares"). A copy of the Purchase Agreement is attached hereto as Schedule "B". Pursuant to paragraph E above, the Limited Partnership has signed a direction transferring its beneficial interest, title and rights in and to the Lands to MRMH (the "Direction"), a copy of which is attached as Schedule "C" and MRTC will hold the Lands as bare trustee, nominee and agent for MRMH pursuant to a new Declaration of Trust made between MRTC and MRMH and dated for reference the day of September, 2004 (the "New Trust Declaration"), a copy of which is attached as Schedule "D". MRMH has agreed to assume from the Vendors all of their obligations of payment of the First Mortgage and to be bound by the First Mortgage and all associated security documents given in connection therewith (the "Associated Security Documents") and to covenant with the Lender to pay the moneys 'secured thereby and to observe and perform and be bound by the terms, conditions, covenants and provisions contained in the First Mortgage and the Associated Security Documents. Pursuant to a Partnering Agreement (hereinafter called the "Partnering Agreement") made between the District and MRMH, a copy of which is attached as Schedule "E", the District may, as and when it considers it appropriate to do so, provide the assistance to MRMH by way of guarantees of debts assumed or incurred by MRMH in connection with the acquisition referred to in above paragraph E, where the District has adopted a loan authorization bylaw under s.179(1)(c) authorizing the borrowing necessary to satisfy such guarantees should the bistrict be required to do so; Pursuant to a Covenant Agreement dated the _______ day of October, 2004 made by the District to and in favour of the Lender (the "Covenant Agreement"), the District guarantees the performance by MRMH of its obligations under the First Mortgage and the loan secured by that mortgage. A copy of the Covenant Agreement is attached as Schedule "F". J. The Lender has agreed to consent to the change of control of MRTC and the transfer of the Beneficial Ownership in the. Lands to MRMH provided all parties enter into and agree to be bound by the terms of this agreement. AND WHEREAS as at the 1st day of October, 2004 the amount due and owing under the First Mortgage is $16,692,144.95 (the "Assumption Amount") with a per diem rate of interest at $2,946.81 thereafter. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the sum of Ten ($10.00) Dollars now paid by the Lender to MRMH (the receipt whereof is hereby acknowledged) it is hereby agreed that: 1. MRMH hereby covenants, promises and agrees to pay to the Lender the Assumption Amount under the First Mortgage as set forth in the Assumption Statement, a copy of which is attached as Schedule "G" and the observe and be bound by the terms thereof as follows: interest at the rate of 6.548% calculated semi-annually, not in advance; a blended monthly payment on the first day of each and every month for both principal and interest in the amount of $118,035.87; a Balance Due Date on November 1st, 2006. 2. MRMH hereby covenants, promises and agrees to and with the Lender to pay all moneys now or hereafter due or payable under the First Mortgage, and to observe, perform, keep, and be bound by every covenant, attornment, term, condition and agreement contained in the First Mortgage and Associated Security Documents to the same extent as if MRMH had executed the First Mortgage and Associated Security Documents as borrower. 3. MRMH hereby acknowledges and agrees that the First Mortgage is and shall be and remain as a first financial charge against the Lands and shall have priority for the full Assumption Amount over any right, title or interest which MRMH may have as purchaser of the Lands. 4. Except as herein provided and otherwise agreed in writing by the Lender, nothing shall alter or prejudice the rights and priorities of the Lender as against MRMH and MRTC or any surety or any subsequent encumbrance or other person whomsoever interested in the Lands or. liable for the First Mortgage and Associated Security Documents, debt or any part thereof and not a party hereto, or the rights of any such MRMH and MRTC, surety, subsequent encumbrance or other person, all of which rights and priorities are hereby reserved. The Lender may at all times release any part or parts of the Lands or any other security or any surety for payment of all or any part of the moneys secured by the First Mortgage and the Associated Security Documents or may release MRMH or any other person from any covenant or other liability to pay the moneys or any part thereof, either with or without any consideration therefor, and without being accountable for the value thereof or for any moneys except those actually received by the Lender, and without thereby releasing any other part of the Lands, or any other securities, or the covenants herein contained, it being expressly agreed that notwithstanding any such release the Lands, securities and covenants remaining unreleased shall stand charged with the whole of the moneys secured by the First Mortgage and Associated Security Documents. The District for and in consideration of the payment of Five ($5.00) Dollars and other good and valuable consideration from the Lender (the receipt and sufficiency of which is hereby acknowledged) confirms to the Lender that the District covenants and agrees to fulfill and be bound by the terms and conditions of the Covenant Agreement attached hereto as Schedule "F". MRMH, as principal debtor and not as surety, covenants with the Lender to observe, perform and be bound by the terms, conditions, covenants and provisions contained in the First Mortgage and the Associated Security Documents, and it is declared and agreed that the First Mortgage and the Associated Security Documents and all covenants, clauses, provisos, powers, matters and things whatsoever contained therein, shall continue in force and have application to the amounts and dates and terms of payment herein contained; PROVIDED, HOWEVER, that nothing in this Assumption Agreement shall create any merger or alter or prejudice the rights of the Lender as regards any security collateral to the First Mortgage and the Associated Security Documents or as regards any surety, covenantor, guarantor or subsequent encumber or any person, not a party hereto liable to pay the principal amount outstanding under the First Mortgage or interested in the Lands, all of which said rights are hereby reserved and the First Mortgage and the Associated Security Documents, are ratified and confirmed by MRMH. The Lender hereby bonsents to the change in control of MRTC and transfer of the - beneficial ownership in the Lands to MRMH as contemplated in the Direction and the Purchase Agreement. This Agreement may be signed in as many counterparts as may be necessary or by facsimile and each of which so signed will be deemed to be an original, and such counterparts together will constitute one and the same instrument and notwithstanding the date of execution, will be deemed to bear the date as set forth below. 10. THIS AGREEMENT and everything herein contained shall extend to and bind and enure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of the parties hereto and all covenants shall be deemed to be joint and several. MAPLE RIDGE MUNICIPAL HOLDINGS LTD. by its authorized signatory: Print Name: I have authority to bind the corporation THE DISTRICT OF MAPLE RIDGE by its authorized signatory(ies): Print Name: Print Name: SCHEDULES Schedule "A" First Mortgage and Assignment of Rents registered at the Lower Mainland Land Title Office under registration numbers BR289630 and BR289631 Schedule "B" Maple Ridge Business Centre Property Purchase and Sale Agreement and Share Purchase Agreement Schedule "C" Direction Schedule "D" New Trust Declaration Schedule "E" Partnering Agreement Schedule "F" Covenant Agreement Schedule "G" Assumption Statement COVENANT AGREEMENT THIS COVENANT dated for reference October ______, 2004 granted by THE DISTRICT OF MAPLE RIDGE (the "Covenantor") and delivered to MCAP FINANCIAL CORPORATION (the "Lender"). WHEREAS the Lender, has at the request of the Borrower and the Covenantor, agreed to allow the assumption of the Loan to the Borrower. AND WHEREAS the Covenantor has agreed to unconditionally covenant and guarantee the payment, observance and performance of the Borrower's Obligations and Liabilities whether now or hereafter existing. NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and for other good and valuable consideration now paid by the Lender to the Covenantor (the receipt and sufficiency of which is hereby acknowledged by the Covenantor), the Covenantor agrees with the Lender as follows: ARTICLE I - DEFINITIONS In this Covenant: 1.1 "Assumption Agreement" means the Assumption Agreement made by the Borrower and the Covenantor to and in favour of the Lender and dated the day of October, 2004; 1.2 "Borrower" means Maple Ridge Municipal Holdings Ltd., the beneficial owner of the Lands and legal and beneficial owner of the all outstanding and issued shares of MRTC and its successors and permitted assigns, whether immediate or derivative; 1.3 "Borrower's Obligations and Liabilities" means the obligations and liabilities of the Borrower to the Lender under the Assumption Agreement and the First Mortgage; 1.4 "Lands" means the lands legally known and described as: 22470 Dewdney Trunk Road, Maple Ridge, B.C. PID: 024-819-000 Lot A District Lot 398 Group I NWD Plan LMP46699 1.5 "First Mortgage" means the first mortgage of the legal and beneficial estates securing the original principal face amount of $17,500,000.00 and assignment of rents granted and delivered by MRTC and MRTC Tower Limited Partnership to and in favour of The Toronto- Dominion Bank ("TD Bank") and registered at the Lower Mainland Land Title Office on October 31, 2001 under registration numbers BR289630 and BR289631 against title to the Lands and wherein TD Bank has transferred and assigned its interest in the First Mortgage to the Lender; 1.6 "Loan" means the original principal face amount of $17,500,000.00 with an outstanding principal balance of $16,692,144.85 as at October 1 2004 secured by the First Mortgage; 1.7 "MRTC" means MRTC Tower Properties Ltd., the legal and registered owner of the Lands and holds all right, title and interest in and to the Lands, and all interest therein in trust as bare trustee and agent for the Borrower. 1.8 "Security Documents" means the Assumption Agreement, the First Mortgage and this Covenant Agreement. ARTICLE 2- REPRESENTATIONS AND WARRANTIES The Covenantor makes the following representations and warranties to the Lender which shall be continuing representations and warranties so long as any of the Borrower's Obligations and Liabilities shall remain outstanding: 2.1 Existence and Rights The Covenantor, if a corporation, is a corporation under the laws of the Province of British Columbia withOut limitation as to the duration of its existence; is in good standing under the laws of the Province of British Columbia with respect to the filing of returns; has the full corporate power and authority to own its property and to carry on its business as now owned and carried on and is duly qualified and in good standing in each jurisdiction in which the property owned by it or the business conducted by it makes such qualification necessary or desirable; and has full corporate power and authority to make and carry out this Covenant. 2.2 Authorization, Execution, Delivery and Performance The execution, delivery and performance of this Covenant: if the Covenantor is a corporation, is duly authorized by all required corporate action; do not require the consent or approval of any governmental body or other regulatory authority; and is not and will not be in contravention of, or in conflict with, any law or regulation by which the Covenantor is bound or, if the Covenantor is a corporation, any term or provision of the constating documents of the Covenantor; is not and will not be, in contravention of, or in conflict with, any agreement, indenture or undertaking to which the Covenantor is party or by which it or any of its property is or may be bound or affected and does not, and will not, save as herein provided, cause any security interest, lien or other encumbrance to be created or imposed upon any such property; and this Covenant constitutes legal, valid and binding obligations of the Covenantor enforceable in accordance with its terms. 2.3 Execution The Covenantor is executing and delivering this Covenant at the sole and exclusive request of the Borrower. 2.4 No Representations by. Lender The Covenantor has in no way whatsoever, directly or indirectly, sought, received or relied upon any representation or statement from or any agreement or undertaking with the Lender or any officer, employee or agent thereof with respect to any mafter relating to this Covenant, the Borrower's Obligations and Liabilities or any representations contained in the Assumption Agreement, the Security Documents or any other person liable or proposed to be liable for the Borrower's Obligations and Liabilities or any part thereof or any security now held or proposed to be held therefor from any person whomsoever. 2.5 Litigation Except as disclosed to the Lender, there is no litigation or other proceeding pending or, to the knowledge of the Covenantor, threatened against, or affecting, the Covenantor or its properties which, if determined adversely to the Covenantor, would have a materially adverse effect on the financial condition, properties or operations of the Covenantor and the Covenantor is not in default with respect to any order, writ, injunction, decree or demand of any court or other governmental or regulatory authority. 2.6 Financial Condition of Covenantor Any financial information which has heretofore been submitted in writing by the Covenantor to the Lender in connection herewith is true and correct in all material respects, truly presents the financial condition of the Covenantor as at the date thereof and the results of the operations of the Covenantor for the period covered thereby and have been prepared in accordance with sound accounting principles on a basis consistently maintained. The Covenantor, has no knowledge of any liabilities, contingent or otherwise, at the date of said financial information which are not reflected in said financial information and the Covenantor has not entered into any commitments or contracts which are not reflected in the financial information which may have a materially adverse effect upon its financial condition, operations or business as now conducted. 2.7 Financial Condition of Borrower The Borrower has furnished the Covenantor with all financial and other information and copies of all agreements, instruments and other writings which the Covenantor has requested concerning the Borrower, the Borrower's Obligations and Liabilities, the Borrower's relationship with the Lender and the nature, scope and extent of the risk which the Covenantor assumes and incurs under this Covenant. 2.8 Future Financial Information The Covenantor has established means satisfactory to it of obtaining from the Borrower, independently of the Lender, on a continuing basis such additional or future financial and other information and copies of the Assumption Agreement, instruments and other writings as it may deem appropriate or desirable concerning the Borrower, the Borrower's Obligations and Liabilities, the Borrower's relationship with the Lender and the nature, scope and extent of the risk which the Covenantor assumes and incurs under this Covenant. 2.9 Financial Benefit The Covenantor has derived or expects to derive a financial advantage from each and every loan or other extension of credit and from each and every rehewal, extension, release of collateral or other relinquishment of legal rights made or granted or to be made or granted by the Lender to the Borrower or any other person in connection with any of the Borrower's Obligations and Liabilities. ARTICLE 3- COVENANT 3.1 Covenant The Covenantor hereby unconditionally covenants the due payment, observance and performance of all of the Borrower's Obligations and Liabilities including, without limitation, the covenant to pay the Loan and interest thereon and other sums at the times and places and in the manner set forth in the Security Documents. Upon the Borrower's failure to do so in accordance with the Security Documents the Covenantor promises, on demand, to pay, observe and perform such of the. Borrower's Obligations and Liabilities as it may be required to do by virtue of such demand and to pay interest on any monies to be paid by the. Covenantor to the 'Lender from the date of such demand at the rate or rates then applicable to such sums pursuant to the Loan and the Security Documents. 3.2 Terms of Payment, Observance and Performance In order to implement the foregoing: the Covenantor guarantees that the Borrower's Obligations and Liabilities will be paid, observed and performed strictly in accordance with the terms and provisions of the Security Documents, and regardless of any law, regulation or decree, now or hereafter in effect, which might in any manner affect any of the terms or provisions of those agreement or rights or remedies of the Lender as against the Borrower or any other person with respect to.any of the Borrower's Obligations and Liabilities, or cause or permit to be invoked, any alteration in the time, amount or manner of payment or performance of any of the Borrower's Obligations and Liabilities, by the Borrower or any other person; in each instance when the Borrower shall have agreed, relative to any of the Borrower's Obligations and Liabilities, to pay or provide the Lender with any amount of money, if such amount is not actually paid or provided as and when agreed, the Covenantor will, forthwith upon demand made by the Lender, and as the Lender may elect, pay or provide the amount in the exact currency and place as agreed by the Borrower; and the Covenantor agrees that all such payments contemplated hereby shall be made without set-off or counterclaim. 3.3 Nature of Covenant The Covenantor covenants and agrees with the Lender that: (a) the Obligations and Liabilities of the Covenantor hereunder shall be joint and several irrevocable and absolute and, so long as any of the Borrower's Obligations and Liabilities shall remain outstanding, shall continue and be of full force and effect and shall not be determined or in any manner affected and no right of the Lender hereunder shall in any manner be prejudiced or impaired by; (i) the dissolution, winding-up or other cessation of existence of any person liable for the payment, observance and performance of the Borrower's Obligations and Liabilities, or any part thereof or the institution of any proceeding relating thereto; the death or loss or diminution of capacity of any such person, if a natural person; any continuance or reorganizalion or any change in the business, capital structure, directorate, management, members, name, objects, organization, partners, powers or shareholders of any such person; the amalgamation of any such person with a corporation; the sale or disposal of or appointment of a custodian, liquidator, receiver or trustee in respect of the assets or undertaking, in whole or in part, of any such person; any distribution of the assets, in whole or in part, of any such person upon any arrangement, bankruptcy, composition, insolvency, liquidation, readjustment, receivership, reorganization or other similar proceeding or occurrence relating to any such person; any assignment by any such person for the benefit of creditors; any other marshalling of any of the assets of any such person; or any other act or event which would constitute a novation of any obligation or liability of the Borrower in respect of any of the Borrower's Obligations and Liabilities, whether by substitution of the Obligations and Liabilities of any other person in place of those of the Borrower or otherwise; any Obligations and Liabilities of the Borrower, whether in respect of any of the Borrower's Obligations and Liabilities or otherwise, the Covenantor (whether under this Covenant or otherwise), any other person who is or may become liable in respect of any of the Borrower's Obligations and Liábilities or any agreement or instrument evidencing any such obligation or liability, heretofore, now or hereafter being invalid, illegal, or unenforceable; any defect in, omission from, failure to file or register, or defective filing or registration of any instrument under which the Lender has taken or has had created and issued or granted in its favour any security for payment, observance and performance of any of the Borrower's Obligations and Liabilities, or for payment, observance or performance of any Obligations and Liabilities of the Borrower, the Covenantor, whether under this Covenant or otherwise, or of any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities; or any failure or loss of or in respect of any such security received or held or intended to have been received or held by the Lender, whether arising out of or in connection with the fault of the Lender or otherwise; • (iv) any issue or levy by any administrative, governmental, judicial or other authority or arbitrator of any award, execution, injunction, judgment, order, warrant of attachment, writ of similar process against the Borrower (whether in respect of any of the Borrower's Obligations and Liabilities or otherwise), the Covenantor (whether in respect of any of its Obligations and Liabilities under this Covenant or otherwise), or against any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities; (v) any occurrence or non-occurrence of any other act or event which, by operation of law or equity or otherwise, would directly or indirectly now or hereafter result in the determination, discharge, extinction, limitation, merger, novation, reduction or release, pro tanto or, otherwise of the Covenantor or of any of its Obligations and Liabilities hereunder, or which would otherwise prejudice or impair any right of the Lender hereunder; or (vi) any arrangement made by the Lender with the Borrower or its assigns that alters or modifies the terms of the Security Documents; the Obligations and Liabilities of the Covenantor hereunder to pay monies shall • constitute Obligations and Liabilities of payment and not of collectability and shall be absolute and independent of and not in consideration Of or conditional or contingent upon any other Obligations and Liabilities of the Covenantor, any Obligations and Liabilities of the Borrower (whether in respect of any of the BorrOwer's Obligations and Liabilities or otherwise), or any Obligations and Liabilities of any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities; or any prior notice or protest to, demand upon or action, suit or other proceeding against the Borrower, or any such other person and the. Lender may bring or prosecute a separate action, suit or other proceeding against the Covenantor whether such action, suit or other proceeding is brought or prosecuted against the Borrower or any such other person or whether the Borrower or any such other person is joined in such action, suit or other proceeding; and any part payment, observance or performance by the Borrower of any of the Borrower's Obligations and Liabilities or other circumstance which operates to toll any statute of limitations or law of prescription as to the Borrower shall operate to toll such statute of limitations or law of prescription as to the Covenantor. 3.4 Authorization The Covenantor authorizes the Lender, at the sole discretion of the Lender, without notice or demand and without in any manner affecting the liability of the Covenantor hereunder or under any security now or hereafter furnished to the Lender by the Covenantor in connection herewith, and without prejudicing or impairing any right of the Lender hereunder, from time to time to: (a) take and hold any security for the payment, observnce and performance of this Covenant or the Obligations and Liabilities hereby covenanted, or any part thereof, or for the payment, observance or performance of any Obligations and Liabilities in any way relating to or arising out of the Borrower's Obligations and Liabilities or any security now or hereafter held therefor from the Borrower, the Covenantor, whether under this Covenant or otherwise, or from any other person who is or may become liable in respect of the Borrower's Obligations and Liabilities, and exchange, enforce, waive, perfect, release, subordinate, subrogate, substitute, surrender or take advantage of or defer, or waive taking, perfecting, enforcing or otherwise taking advantage of any such security and apply any such security and direct the order or manner of sale thereof as the Lender in its discretion may determine; (b) compromise, release or settle with or substitute or delay or waive the exercise of any one or, more right or remedy against the Borrower, the Covenantor or any other person who is or may become liable in respect of the Borrower's Obligations and Liabilities or any part thereof; (C) grant any other indulgence to the Borrower, the Covenantor or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, or any part thereof, and compound with all or any of such persons as the Lender shall see fit; apply any payments, recovery from or credit, deposit or offset due to, or any funds realized from or payable on account of any security heretofore, now or hereafter furnished to the Lender by the Borrower and the Covenantor to the Loan, in such order, priority and manner and at such times as the Lender in its sole discretion may determine; impose a lien upon or set-off any money, security or other property of the Covenantor now or hereafter in the possession of or on deposit with the Lender, whether held in a general or special account or on deposit or for safekeeping or otherwise, against any payment due from the Covenantor to the Lender hereunder; and (0 otherwise deal with the Borrower, the Covenantor, any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, or any security heretofore, now or hereafter furnished to the Lender by the Borrower, the Covenantor or any such other person, as the Lender may deem appropriate or desirable. 3.5 Waivers The Covenantor unconditionally waives: (a) any right to receive from the Lender any communication whatsoever with respect to any of the Borrower's Obligations and Liabilities or any Obligations and Liabilities of the Covenantor, whether under this Covenant or otherwise, or of any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, including, without limitation: the acceptance by the Lender of, or the intention of the Lender to act on or in reliance on, any obligation or liability of the Covenantor, whether under this Covenant or otherwise, or of any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, or any default by or non-payment, non-observance or non-performance of any obligation of the Borrower, the Covenantor or any such other person; any communication of any information known by the Lender relating to the financial condition of the Borrower or to any other circumstance bearing upon the risk of non-payment of any of the Borrower's Obligations and Libilities; or (iii) : any demand for performance ; notice of dishonour, notice of protest, presentment, protest or acceptance relating to any Obligations and Liabilities of the Borrower, the Covenantor or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities; (b) any right to require the Lender to: proceed against the Borrower or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, including, without limitation, any right or benefit of discussion or division; proceed against or exhaust any security heretofore, now or hereafter furnished to ,the Lender by the Borrower, the Covenantor or any other person 'who is or may become liable in respect of any of the Borrower's Obligations and Liabilities; first apply any property or assets of the Borrower or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities to the discharge of the Borrower's Obligations and Liabilities or marshall in favour of the Covenantor; or pursue or exercise any other right or remedy of the Lender whatsoever; (c) so long as any of the Borrower's Obligations and Liabilities shall remain outstanding (including such part thereof, if any, as shall exceed the liability of the Covenantor hereunder, if the liability of the Covenantor shall be expressly limited hereunder) , any right of subrogation to, or any right to enforce, any right or remedy which the Lender now has or may hereafter have against or in respect of the Borrower, any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities or any security heretofore, now or hereafter furnished to the Lender by the Borrower or any such other person or any benefit of or right to participate in any such security; (d) any defense arising out of or in connection with: any absence, impairment or loss of any right of contribution, reimbursement or subrogation or any other right or remedy of the Covenantor against or in respect of the Borrower, any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities or any security heretofore; now or hereafter furnished to the 'Lender by the Borrower or any such other person; any disability, incapacity or other defense available to the Borrower or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities or any cessation from any cause whatsoever of any Obligations and Liabilities of the Borrower or any such other person in respect of any of the Borrower's Obligations and Liabilities; or (iii) any other circumstance which might otherwise constitute a defense to any action, suit or other proceeding against the Covenantor, whether on this Covenant or otherwise; and (e) any benefit of any statute of limitations or law of prescription affecting any obligation or liability of the Covenantor, whether under this Covenant or otherwise, or the enforcement thereof, to the fullest extent permitted by law. 3.6 Bankruptcy, etc. In the event of any distribution of the assets, in whole or in part, of the Borrower, or the Covenantor or any other person who is or may become liable in respect of any of the Borrower's Obligations and Liabilities, or upon any arrangement, bankruptcy, composition, execution sale; insolvency, liquidation, readjustment, receivership, reorganization or other similar proceeding or occurrence relating to any such person, or any proceeding for the dissolution, liquidation, winding-up or other cessation of existence of any such person, voluntary or involuntary, whether or not involving bankruptcy or insolvency proceedings, or any assignment by any such person for the benefit of creditors or any other marshalling of any of the assets of any such person: none of the Obligations and Liabilities of the Covenantor hereunder shall be determined or in any manner affected and no right of the Lender hereunder shall in any manner be prejudiced or impaired by any omission by the Lender to prove its claim or to prove its full claim and the Lender may prove such claim as it sees fit and may refrain from proving any claim and may value as it sees fit or refrain from valuing any security held by the Lender; and so long as any of the Borrower's Obligations and Liabilities shall remain outstanding (including such part thereof, if any, as shall exceed the liability of the Covenantor hereunder, if the liability of the Covenantor shall be expressly limited hereunder), the Lender shall have the right to include in any claim made by it, the amount of all sums paid by the Covenantor, whether .under this Covenant or otherwise, and to prove and rank for and receive dividends in respect to such claim; any and all right to prove and rank for such sums paid by the Covenantor and to receive the full amount of all dividends in respect thereof being hereby assigned and transferred by the Covenantor to the Lender. ARTICLE 4- MISCELLANEOUS 4.1 Severability If any provision of this Covenant or any part thereof shall be found or determined to be invalid, illegal or unenforceable, such provision or such part thereof shall be severable from this Covenant and the remainder of this Covenant shall be construed as if such invalid, illegal or unenforceable provision or part had been deleted herefrom. 4.2 Lender's Records The statement in writing of an officer of the Lender of the amount of or existence of any of the Borrower's Obligations and Liabilities or as to the occurrence of any failure by the Borrowerto fully and punctually pay, observe or perform any of the Borrower's Obligations and Liabilities when due or required, as the case may be, shall be prima facia binding on and against the Covenantor unless otherwise contradicted by a court of law or other judicial body, and all right to question in any way the Lender's present or future method of dealing with the Borrower or any person or persons now or hereafter liable to the Lender for the Borrower's Obligations and Liabilities, or any part thereof,or with any security now or hereafter held by the Lender therefor or with any property covered by such security is hereby waived. 4.3 Covenantor Principal Debtor For the purpose of greater clarity it is hereby declared to be the intention of the parties that this Covenant shall be construed so as to impose the like obligation upon the Covenantor as if the Covenantor had covenanted as primary obligor with the Borrower with respect to the Borrower's Obligations and Liabilities to the Lender. 4.4 Corporate Borrower It is not necessary for the Lender to inquire into the powers of the Borrower, if a corporation, or the officers, directors, partners, trustees or agents acting or purporting to act on its behalf, and any of the Borrower's Obligations and Liabilities made, created, incurred or assumed in reliance upon the professed exercise of such powers shall form part of the Borrower's Obligations and Liabilities even though such Borrower's Obligations and Liabilities are or were irregularly, fraudulently, defectively or informally made, created, incurred or assumed by or in excess of the powers of the Borrower or of its officers, directors, partners, trustees or agents and notwithstanding that the Lender has specific notice of the powers of the Borrower or its officers, directors, partners, trustees or agents. 4.5 Covenantor to Keep Informed The Covenantor covenants and agrees with'the Lender that so long as any of the Borrower's Obligations and Liabilities shall remain outstanding he will assume all responsibility for being and keeping itself informed of the financial condition of the Borrower and of all other circumstances bearing upon the nature, scope and extent of the risk which he assumes and incurs under this Covenant. 4.6 Effect The provisions of this Covenant shall be in addition to and not in substitution for the provisions of any supporting covenant to a mortgage, general security agreement, note, pledge or other security or evidence of liability held by the Lender, all of which shall be construed as complementary to each other. Nothing contained herein shall prevent the Lender from enforcing any covenant or any mortgage, general security agreement, note, pledge or other security or evidence of liability in accordance with its terms. 4.7 Survival of Warranties All agreements, representations and warranties made herein shall• survive the execution and delivery of this Covenant. 4.8 Failure or Indulgence Not Waiver No failure or delay on the part of this Lender in the exercise of any power, right of privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise or any such power, right of privilege preclude any other or further exercise of any such power, right or privilege. All powers, rights and privileges hereunder are cumulative to, and not exclusive of, any powers, rights or privileges otherwise available. 4.9 Modification of Covenant No alteration, modification or waiver of this Covenant or any of its terms, provisions or conditions shall be binding on the Lender unless made in writing over the signature of an authorized officer of the Lender. 4.10 Covenant to Include Provisions in Standard Filed Mortgage Terms MT900129 Upon the execution and delivery by the Covenantor to the Lender of this Covenant, the Covenant shall be deemed to be finally executed and delivered by the Covenantor and shall be deemed to include those provisions set forth in the above the Filed Standard Mortgage Terms as of the date hereof and shall not be subject to or affected by any promise or condition affecting or limiting the liability of the Covenantor except as set forth herein and no statement, representation, agreement or promise on the part of the Lender or any officer, employee or agent thereof unless contained herein forms any part of this Covenant or has induced the making hereof or shall be deemed to affect the Covenantor's liability hereunder. This Covenant shall be operative and binding upon every signatory hereto notwithstanding the non-execution hereof by any other proposed signatory hereto. 4.11 Jurisdiction The Covenantor hereby irrevocably agree that any legal action or proceeding against it with respect to this Covenant may be brought in the courts of the Province of British Columbia and, by execution and delivery of this Covenant, the Covenantor hereby irrevocably submits to such jurisdiction. 4.12 Applicable Law This Covenant and the rights and obligations of the Covenantor and the Lender hereunder shall be governed and be construed according to the laws of the Province of British Columbia. 4.13 Assignability This Covenant shall be binding upon the Covenantor and its heirs, executors, personal representatives, successors and assigns, as the case may be, and shall enure to the benefit of the Lender and its successors and assigns. The Lender may assign this Covenant or any of its rights and powers hereunder in whole or in part without notice, with all or any of the Borrower's Obligations and Liabilities hereby covenanted, and in such event the assignee shall have the same rights and remedies as if originally named herein in place of the Lender to the extent as the same are assigned. 4.14 Notices Any notice or other communication required or permitted to be given hereunder shall be in writing and, if to be given to the Lender, shall be given by actually delivering such notice or other communication to the Lender or, if to be given to the Covenantor, may be personally served or sent by mail and, if sent by mail, shall be deemed to have been given when deposited in the mail, registered, with postage prepaid and properly addressed, provided that if at the time of mailing or between the time of mailing and the actual receipt of such notice or other communication there should be a mail strike, slowdown or other labour dispute which might affect the delivery of such notice or other communication by the mails, then such notice or other communication shall only be effective if actually delivered. For the purposes hereof, the addresses of the Lender and the Covenantor (until notice of a change thereof is given as provided in this section) shall be as follows: Address of the Covenantor: THE DISTRICT OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Address of the Lender: MCAP FINANCIAL CORPORATION #400-2221 Cornwall Street, Regina, SK S4P 4M2 provided that the Covenantor or the Lender may from time to time give notice in writing of a change of address for the purposes of this paragraph in accordance with the provisions hereof and any such notice shall be effective when given hereunder until changed by subsequent notice in writing to that effect given in accordance herewith. 4.15 Multiple Covenantor and Lender If more than two people execute this instrument as Covenantors the promises are all joint and several the provisions hereof shall be read with all grammatical changes thereby rendered necessary and each reference to the Covenantor shall include each and every one of them severally and all covenants and agreements herein contained shall be deemed to be the covenants and agreements of each such person. If this instrument is given to or is in favour of more than one Lender the provisions hereof shall be read with all grammatical changes thereby rendered necessary and each such Lender or any one or more of them shall be entitled to enforce all of the rights and remedies of the Lender hereunder against the Covenantor or each person comprising the Covenantor. 4.16 Headings of the Articles and Sections of this Covenant are inserted for convenience only and shall not be deemed to constitute a part thereof. 4.17 Expenses and Fees The Covenantor hereby agrees to be responsible for and to pay all costs and expenses, including, without limitation, lawyer's fees (on a solicitor and his own client basis) and accountants fees, incurred by the Lender in connection with the fulfilment of the Borrower's Obligations and Liabilities, whether such fulfilment be made by the Borrower, the Covenantor or any other person now or hereafter liable for the performance of the Borrower's Obligations and Liabilities in whole or in part. The Covenantor agrees to indemnify and save harmless the Lender from any claim, loss or damage whatsoever arising out of or in connection with the Covenant. 4.18 Interpretation Wherever the singular, or masculine or neuter is used herein, the same shall be construed as meaning the plural or the feminine or body corporate or vice-versa where the context or the parties hereto so require. 4.19 Time of the Essence Time is of the essence in this Covenant. 4.20 This Covenant terminates on the earlier of the day on which there are no Borrower's Obligations and Liabilities outstanding or 5 years from the date of execution of this Covenant Agreement. IN WITNESS WHEREOF each person executing this Covenant as Covenantor has caused this Agreement to be duly executed as of the day, month and year first written above. THE DISTRICT OF MAPLE RIDGE by its authorized signatory(ies): Print Name: Print Name: BETWEEN: THE DISTRICT OF MAPLE RIDGE AND: MCAP FINANCIAL CORPORATION COVENANT LA VAN & COMPANY Lawyers #704 - 1478 West Hastings Street Vancouver, B.C. V6G 3J6 Telephone: (604)669-1411 ENVIRONMENTAL AGREEMENT AND INDEMNITY THIS AGREEMENT dated the day of October, 2004 BETWEEN: MAPLE RIDGE MUNICIPAL HOLDINGS LTD. (Inc. No. 695236)' of 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 and THE DISTRICT OF MAPLE RIDGE of 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 (hereinafter together referred to as the "Obligant") OF THE FIRST PART 1ij MCAP FINANCIAL CORPORATION (Reg. No. A0062340) #400-2221 Cornwall Street, Regina, SK S4P 4M2 (hereinafter referred to as the "Lender") OF THE SECOND PART 'WHEREAS: The Lender is entitled to a lien or charge on the Land pursuant to the Mortgage as security for, inter alia, repayment of the Loan and interest as therein provided; - It is a condition upon which the moneys advanced under the Mortgage that the Obligant execute and deliver this Agreement to the Lender. NOW THEREFORE THIS AGREEMENT WITNESSES that for the sum of $1.00 and other good and valuable consideration now paid by the Lender to the Obligant(the receipt and sufficiency of which is hereby acknowledged by the Obligant), the Obligant warrants, represents, covenants and agrees with the Lender as follows: ARTICLE I - INTERPRETATION 1.1 Definitions In this Agreement the following words shall have the meanings ascribed to them: (a) "Hazardous Materials" means: (i) any oil, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, contaminates, materials or pollutants which:. pose a hazard to the whole or any portion of the Land, or to the persons on or about the Land; or cause the whole or any portion of the Land to be in violation of any Hazardous Materials Law; (ii) asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychiorinated biphenyls, or radon gas; (iii) any chemical, material or substance defined as or included in the definition of "dangerous goods", "deleterious substance", "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous wastes", "restricted hazardous waste", or "toxic substances", "waste" or words of similar import under any applicable local, provincial or federal law' or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Canadian Environmental Protection Act (Canada), Fisheries Act (Canada), Transportation of Dangerous Goods Act (Canada), Canada Water Act and the Waste Management Act (British Columbia); .(iv) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or which may or could pose a hazard to the occupants of the Land or the owners or occupants of property adjacent to or surrounding the Land, or any other person coming upon the Land or adjacent or surrounding property; and (v) any other chemical, materials, or substance which may or could pose a hazard to the environment. "Hazardous Materials Claims" means any and all enforcement, cleanup, removal, remedial or other governmental or regulatory actions, prosecutions, investigations, agreements, injunctions or orders instituted or completed pursuant to any Hazardous Materials Laws, together with any and all claims made by any third party against the Obligant or any tenant or other person occupying the Land or any part thereof, or the Land relating to damage, contribution, cost recovery, compensation, loss or injury resulting from the presence, release or discharge of any Hazardous Materials; . "Hazardous Materials Laws" means any federal, provincial or local laws, rules, ordinances, regulations, orders or other edicts having the force of law relating to the environment or any Hazardous Materials (including, without limitation, the use, handling, transportation, production, disposal, discharge or storage thereof or the terms of any permit issued therefor) or the environmental conditions on, under or about the Land including, without limitation, soil, groundwater and indoor and ambient air conditions; "Borrower" means Maple Ridge Municipal Holdings LtcL and its respective heirs, executors and administrators, successors and assigns pursuant to the Assumption Agreement dated October , 2004 between the Borrower and the Lender wherein the Borrower agreed to assume all the obligations and liabilities of the First Mortgage granted in favour of the Lender; "Land" means the lands and premises civically and legally known and described as: Maple Ridge Business Centre located at 22470 Dewdney Trunk Road, Maple Ridge, B.C. PID: 024-819000 Lot A DL 398 Gp I NWD Plan LMP 46699 (f)" "Mortgage" means the first Mortgage of the legal and beneficial estates securing the original face principal amount of $17,500,000.00 with an outstanding principal.balance in the amount of $16,692,144.95 as at October 1, 2004 (the "Loan") and assignment of rents and registered at the Lower Mainland Land Title Office against the Land under registration number BR289630 and BR289631.registered in favour of The Toronto-Dominion Bank ("TD Bank") wherein TD Bank has transferred and assigned all its interest in the Mortgage to the Lender. 1.2 Amendment Any amendment of this Agreement shall not be binding unless in writing and signed by the Lender and the Obligant. 1.3 Severability Any provision of this Agreement prohibited by law or otherwise ineffective shall be ineffective only to the extent of such prohibition or ineffectiveness and shall be severable without invalidatingor otherwise affecting the remaining provisions hereof. 1.4 Joint and Several Liability If more than one person executes this Agreement as'Obligant, their obligations hereunder shall be joint and several. 1.5 Headings All headings and titles in this Agreement are for reference only and are not to be used in the interpretation of the terms hereof. 1.6 Included Words Wherever the singular or the masculine are used herein, the same shall be deemed to include the plural or the feminine or the body politic or corporate where the context or the parties so require. 1.7 Applicable Law This Agreement shall be construed and enforced under and in accordance with the laws of British Columbia. The Obligant hereby irrevocably submits and attorns to the jurisdiction of British Columbia Supreme Court sitting at Vancouver, British Columbia. 1.8 Binding Effect This Agreement shall be binding on the Obligant and its respective heirs, executors, personal representatives, successors and permitted assigns and shall enure to the benefit of the Lender and its successors and assigns. ARTICLE 2- REPRESENTATIONS AND WARRANTIES 2.1 General The Obligant warrants and represents to the best of their knowledge to the Lender as follows: save as expressly disclosed to the Lender prior to the date hereof, the Obligant is not aware that Hazardous Materials have at any time been released into the environment or transported to or from the .Land or used, generated, manufactured, stored or disposed of on, under or about the Land, or in connection with any business conducted on the Land; the Obligant is not aware of any enforcement actions in respect of Hazardous Materials Laws having been instituted against the Land or any part thereof or against any operations of the Obligant or against any tenant of the Land or any part thereof, or. in respect of the Land and to the best of the Obligant's knowledge, no such enforcement actions are. pending or threatened; this Agreement is made at the request of the Lender to agree and consent to the assumption of the Mortgage by the Borrower and is given with the full knowledge and consent of the Obligant and all other persons responsible for the repayment of the Mortgage either in whole or in part. 2.2 Reliance and Survival All representations and warranties of the Obligant made herein or in any certificate or other document delivered by or on behalf of the Obligant for the benefit of the Lender in connection herewith are material, shall survive the execution and delivery of this Agreement and shall continue in full force and effect without time limit. The Lender is deemed to have relied upon each such representation and warranty notwithstanding any investigation made by or on behalf of the Lender at any time. ARTICLE 3- COVENANTS 3.1 General The Obligant covenants and agrees with the Lender as follows: The Obligant will comply with all Hazardous Materials Laws and will cause all tenants under any leases or occupancy agreements affecting any of the Land and all other persons on or occupying the Land or any part thereof, to comply with all Hazardous Materials Laws. Without limiting, the generality of the foregoing, the Obligant will not use, generate, manufacture, store or dispose of, nor permit the use, generation, storage or disposal of, Hazardous Materials on, under or about the Land, nor will it transport or permit the - transportation of Hazardous Materials to or from the Land. (c)The Obligant will promptly take any and all necessary remedial action in response to the presence, storage, use, disposal, transportation, discharge or release of any Hazardous Materials on, under or about the Land and such remedial action will be taken in good faith so as to minimize any impairment to the Land and the grants, mortgages and charges created by the Mortgage. In the event remedial action is undertaken with respect to any Hazardous Materials on, under or about the Land, or any part thereof, the Obligant will conduct and complete such remedial action to the satisfaction of the Lender, in compliance with all applicable federal, provincial and Jocal laws, regulations, rules, ordinances and policies, and in accordance with the orders and directives of all federal, provincial and local governmental authorities. If requested by the Lender from time to time, the Obligant will promptly submit at its own expense, a report, satisfactory in form and content to the Lender and prepared by a consultant approved by the Lender, certifying that no part of the Land is then being used, nor has any part been used in the past, for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any Hazardous Materials. The Obligant will immediately advise the Lender in writing of any and all Hazardous Materials Claims, of the presence of any Hazardous Materials of which it is aware on, under or about any of the Land, of any remedial action taken by the Obligant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Land, of its discovery of the presence of Hazardous Materials on, under or about any real property adjoining the Land, of its discovery of any occurrence of a condition on any real property adjoining or in the vicinity of the Land that could cause the Land or any part(s) thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Land under any Hazardous Materials Laws. The Obligant will immediately provide the Lender with copies of all communications of the Obligant with federal, provincial and local governments or agencies relating to Hazardous Materials Laws and all communications of the Obligant with. any person relating to Hazardous Materials Claims. ARTICLE 4- INDEMNITY 4.1 The Obligant shall assume any and all environmental liabilities relating to the Land, and will protect, indemnify and hold the Lender, its directors, officers, employees and agents, and any other person who acquires the Land at a foreclosure sale or otherwise through the exercise of the Lender's rights and remedies, and all directors, officers, employees and agents of all of the aforementioned indemnified parties, harmless from and against any and all actual or potential claims, liabilities, damages, losses, and all actual or potential claims, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, legal fees and disbursements and costs and expenses of investigation) which arise out of or relate in any way to any use, handling, production, transportation, disposal or storage of any Hazardous Materials in, on or under the Land, whether by the Obligant or by any tenant of the Land or any part thereof, or any other person using or occupying the Land, or any part thereof, including without limitation all foreseeable and all unforeseeable consequential damages directly or indirectly arising out of the use, generation, storage, discharge or disposal of Hazardous Materials by the Obligant or by any prior owner or operator of the Land or any other person on or about the Land or any part thereof , or arising out of any residual contamination affecting- any natural resource or the environment, and the costs of any required or necessary repair, cleanup, remediation or detoxification of the Land and the preparation of any closure or other required plans. In addition, if any Hazardous Material is caused to be removed from the Land by the Obligan.t or by the Lender or any other person, then such Hazardous Material will be and remain the property of the Obligant and the Obligant will assume any and all liability for such removed Hazardous Material. The Obligant understands that its liability to the aforementioned indemnified parties will arise upon the earlier to occur of the discovery of the Hazardous Materials on, under or about the Land, or the institution of any Hazardous Materials Claims, and not upon the realization of loss or damage, and that it will survive the payment and satisfaction of all the other obligations and liabilities secured by the Mortgage: The Obligant will pay to the Lender from time to time, immediately upon the Lender's request, an amount equal to all costs, damages, claims and expenses described or referred to in this paragraph, as reasonably determined by the Lender. The liability of the Obligant under this Section 4.1 shall only arise when the presence, discharge, emission, spill or disposal of Hazardous Materials is in concentrations in excess of applicable governmental standards for the use of the Land. IN WITNESS WHEREOF the Obligant has caused this Agreement to be duly executed on the day and year first above written. MAPLE RIDGE MUNICIPAL HOLDINGS LTD. by its authorized signatory: Print Name: I have authority to bind the corporation THE DISTRICT OF MAPLE RIDGE by its authorized signatory(ies) Print Name: Print Name: BETWEEN: MAPLE RIDGE MUNICIPAL HOLDINGS LTD. AND THE DISTRICT OF MAPLE RIDGE AND: MCAP FINANCIAL CORPORATION ENVIRONMENTAL AGREEMENT AND IDEMNITY LA VAN & COMPANY Lawyers #704-1478 West Hastings Street Vancouver, B.C. V6G 3J6 Telephone: (604) 669-1411 ACKNOWLEDGEMENT OF RECEIPT OF MORTGAGE TERMS The undersigned hereby acknowledges receipt of the Standard Mortgage Terms MT900129. This Acknowledgement dated the day of October, 2004 THE DISTRICT OF MAPLE RIDGE by its authorized signatories: Per: Print Name: S Per: Print Name: r I Maple Ridge Council - October 12, 2004 400 - Minutes • That the minutes of the Regular Council Meeting of September 28, 2004 be adopted as circulated. • That the minutes of Abe Public Hearing of September 27, 2004 be received. • That the minutes of the Development Agreements Committee Meetings of September 29 and October 1, 2004 be received. 502 - Delegation Community Safety Awards Fire Department 1 Community Safety Stars aids Prcseiilaliou October 12, 2004 - Mmlii - V -;V_V,; •V' - VV Community Safety Stars Are Int1i iduals (Ieerving recognition br: V I(rVh •r- u. V V V _ 'V :.- V•V Community Safety Stars L 11cc IVC 1% (Ic lao Jist ra liii g a safety be h a ior or ski II. V V V VVV •, Sal io- V VVV - - 2 Community Safety Stars \lahing oiilstaiiding conirihuliolis to fire and life saiei. mwipp -... -' 4. Community Safety Stars \ I a I ing co rise ions e tb its to promo te tue a 11(1 life safet at Ii oni e. w o rh or sc Iioo I. I. aflhll - •- i n......... 71 ' INV Panago - Maple Ridge An exceptional corporate partner 3 t i 1 Charity Car Wash for Burn Unit k 4 4i Man 1 L 4 mqg low LOY V I (it awl L I U . 4 p 1!j k c1 ; 5 / r Fire Prevention Wed Smoke Alarm Program I;jL fl II / £ on 44 I I I I 1 Office of the Fire Commissioner C ()i\1 ND ION II'I Cit hARD NkKLi It AN Community Safety Stars Individuals who have gone above and beyond the call of duty to promote a safe and livable community for our present and future citizens. ro Thank you to all of C 1001, ii flitS7l - Sa stsi p ,' $ ECTROPERTES - 3t y - ir?4 c!r , • '4èiX -2 - r'T ' 1 -i 601 —24181 113 Ave., 11330 & 11378 240 St. • That the Municipal Clerk be authorized to sign and seal VP/076/03 respecting property located at 24181 113 Avenue and 11330 and 11378 240 Street. we V I 1_1 SUBECT ROPERTY j' I 9; r I I J ¼M 602 - 11961 203 Street • That the Municipal Clerk be authorized to sign and seal DVP/088/04 respecting property located at 11961 203 Street. 801 - 12958/60 232 Street • That Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By- law No. 6268-2004 be reconsidered and adopted 10 901 - Minutes • That the Minutes of the Committee of the Whole Meetings of September 27 and October 4, 2004 be received. 902 - Haney-Harrison Road Relay • That BC Road Running, a Division of BC Athletics, be authorized to use municipal streets on Saturday, November 6, 2004 for the 23rd Annual Haney-Harrison Road Relay, provided the conditions outlined in Schedule "A" attached to the staff report dated September 15, 2004 are met. 931 - 12221 240 Street • That the report dated September 28, 2004 be received, noting that it is reported therein that the petition to include the property located at 12221 240 Street in -Sewer Area "A" is sufficient and valid; and further • That Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization • Amending By-law No. 6269-2004 be read a first, second and third time. 11 932.1 - 2005 Permissive Tax Exemptions • That Maple Ridge Tax Exemption Bylaw No. 6261-2004 be read a first, second and third time; and • That the application for a Permissive Tax Exemption by Mountain View A Community Church of the Salvation Army (upstairs rental units) be denied; and • That the application for a Permissive Tax Exemption by the Fraternal Order of Eagles Maple Ridge Aerie #2831 be denied; and 932.1 - 2005 Permissive Tax Exemptions • That the application for a Permissive Tax Exemption by the owners of Ruskin Elementary School be denied; and further • That the application for a Permissive Tax Exemption by the Family Education & Support Centre be denied. 932.2 - 2005 Permissive Tax Exemptions • That the application for a Permissive Tax Exemption by Maple Ridge/Pitt Meadows Community Services be denied. 0 12 1001.1 Purchase of the Core Facilities • The District hereby resolves to provide to Maple Ridge Municipal Holdings Ltd. the assistance referred to in the previously published notices of assistance and generally to all things, including execute all documents, required to facilitate the completion of the acquisition of the Downtown Core Facilities by Maple Ridge Municipal Holdings Ltd in accordance with the agreements entered into for that purpose. 1001.2 Purchase of the Core Facilities • The District hereby passes the resolutions set out in the Certified Copy of Resolutions of the District of Maple Ridge attached to the staff report dated October 12, 2004. 1001.3 Purchase of the Core Facilities • That the Mayor and Municipal Clerk be authorized to execute the Mutual Release of the Sun Life action referred to in the staff report dated October 12, 2004. 13 1400 - Question Period • Questions concerning agenda items only • No discussion of Public Hearing by-laws • No derogatory remarks • 2 minute time limit • Questions must be directed through the Chair and not to individual members of Council • Question Period is 15 minutes • Contact offlce of the Municipal Clerk for other opportunities to address Council Maple Ridge Council October 12, 2004 For more information visit our web site at www.mapleridge.org LI 14