HomeMy WebLinkAbout2024-07-02 Committee of the Whole Agenda and Reports.pdfCity of Maple Ridge
COMMITTEE OF THE WHOLE
AGENDA
July 02, 2024
11:00 AM
Virtual Online Meeting including Council Chambers
Committee of the Whole is the initial venue for review of issues. No voting takes place on bylaws or
resolutions. A decision is made to send an item to Council for debate and vote or to send an item back
to staff for more information or clarification before proceeding to Council. The meeting is live streamed
and recorded by the City of Maple Ridge.
For virtual public participation during Community Forum register by going to the Public
Portal at https://mapleridge.primegov.com/public/portal and clicking on the microphone icon for
the select meeting
1.CALL TO ORDER
1.1 Territory Acknowledgement
The City of Maple Ridge carries out its business on the traditional and
unceded territories of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen
(qʼʷa:n̓ƛʼәn̓) First Nation.
2.APPROVAL OF AGENDA
3.MINUTES
3.1 Adoption of Minutes – June 18, 2024
4.DELEGATIONS/STAFF PRESENTATIONS
5.PLANNING AND DEVELOPMENT SERVICES
Note:
• Owners and/or Agents of development applications on this agenda may be
present to answer Council questions pertaining to their item at the conclusion
of Staff presentations for that item.
• The following items have been numbered to correspond with the Council
Agenda where further debate and voting will take place, upon Council
decision to forward them to that venue.
5.1 2019255RZ,12297 222 Street, 22175 and 22185 123 Avenue, Housing
Agreement Bylaw No. 80032024
To enter into a Housing Agreement to accommodate the future construction of an
eightstorey rental Apartment/Group Child Care Centre building.
RECOMMENDATION:
That the staff report dated July 2, 2024, titled “First, Second and Third Reading,
Housing Agreement Bylaw No. 80032024, 12297 222 Street, 22175 123 Avenue
and 22185 123 Avenue” be forwarded to the next Regular Council Meeting.
6.ENGINEERING SERVICES
7.CORPORATE SERVICES
8.PARKS, RECREATION, AND CULTURE
9.ADMINISTRATION
10.COMMUNITY FORUM
11.ADJOURNMENT
City of Maple RidgeCOMMITTEE OF THE WHOLEAGENDAJuly 02, 202411:00 AMVirtual Online Meeting including Council ChambersCommittee of the Whole is the initial venue for review of issues. No voting takes place on bylaws orresolutions. A decision is made to send an item to Council for debate and vote or to send an item backto staff for more information or clarification before proceeding to Council. The meeting is live streamedand recorded by the City of Maple Ridge.For virtual public participation during Community Forum register by going to the PublicPortal at https://mapleridge.primegov.com/public/portal and clicking on the microphone icon forthe select meeting1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territories of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.2.APPROVAL OF AGENDA3.MINUTES3.1 Adoption of Minutes – June 18, 20244.DELEGATIONS/STAFF PRESENTATIONS5.PLANNING AND DEVELOPMENT SERVICESNote: • Owners and/or Agents of development applications on this agenda may bepresent to answer Council questions pertaining to their item at the conclusion
of Staff presentations for that item.
• The following items have been numbered to correspond with the Council
Agenda where further debate and voting will take place, upon Council
decision to forward them to that venue.
5.1 2019255RZ,12297 222 Street, 22175 and 22185 123 Avenue, Housing
Agreement Bylaw No. 80032024
To enter into a Housing Agreement to accommodate the future construction of an
eightstorey rental Apartment/Group Child Care Centre building.
RECOMMENDATION:
That the staff report dated July 2, 2024, titled “First, Second and Third Reading,
Housing Agreement Bylaw No. 80032024, 12297 222 Street, 22175 123 Avenue
and 22185 123 Avenue” be forwarded to the next Regular Council Meeting.
6.ENGINEERING SERVICES
7.CORPORATE SERVICES
8.PARKS, RECREATION, AND CULTURE
9.ADMINISTRATION
10.COMMUNITY FORUM
11.ADJOURNMENT
Document: 3838335
CITY OF MAPLE RIDGE
COMMITTEE OF THE WHOLE MEETING MINUTES
JUNE 18, 2024
The Minutes of the Committee of the Whole Meeting held virtually and hosted in Council Chambers on June 18, 2024, at 11:00 am at City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. PRESENT Elected Officials Mayor D. Ruimy Councillor K. Carreras Councillor J. Dueck Councillor S. Schiller Councillor J. Tan Councillor A. Yousef (Virtual) ABSENT Councillor O. Dozie
Appointed Staff S. Hartman, Chief Administrative Officer C. Mushata, Corporate Officer T. Thompson, Director of Finance Other Staff as Required M. Best, Interim Director of Planning C. Bevacqua, Clerk 3 S. Faltas, Director of Engineering J. Khaira, Manager of Engineering Design & Construction Z. Lifshiz, Director, Strategic Development, Communications and Public Engag M, Lotfi, Planner 2 R. Ollenberger, Manager of Development Engineering V. Richmond, Director of Parks & Facilities R. Stott, Environmental Planner 2 L. Talanchuk, Manager of Procurement Note: These minutes and the video of this meeting are posted on the City’s Web Site at: https://mapleridge.primegov.com/public/portal Note: Councillor Yousef attended the meeting virtually. 1. CALL TO ORDER – 11:01 am Councillor S. Schiller, Chair called the meeting to order and provided the territory acknowledgement. 2. APPROVAL OF THE AGENDA
R/2024-CW-050 Moved and seconded THAT the agenda of the Committee of the Whole Meeting of June 18, 2024, be approved with the addition of the supplemental agenda as circulated. CARRIED
Committee of the Whole Meeting Minutes June 18, 2024 Page 2 of 4
Document: 3838335
3. MINUTES
3.1 Adoption of Minutes R/2024-CW-051 Moved and seconded THAT the minutes of the Committee of the Whole Meeting of June 4, 2024, be adopted. CARRIED 4. DELEGATIONS/STAFF PRESENTATIONS - Nil 5. PLANNING AND DEVELOPMENT SERVICES 5.1 2019-255-RZ, 12297 222 Street, 22175 and 22185 123 Avenue, RS-1 to CD-6-21 To rezone the subject properties from RS-1 (Single Detached Residential) to CD-6-21 (Medium Density Mixed Use Rental and Market Apartment Residential) zone, as amended, based on RM-2 zone, to accommodate an eight-storey rental apartment building with 106 rental residential units to be utilized by seniors and people with disabilities and a proposed group childcare facility accommodating approximately 47 children. The Interim Director of Planning provided a presentation and answered questions of Council. The property owner Shahin Soheili, Managing Director of Simplex Meadows Development Corporation, made a presentation and answered questions of Council. The Environmental Planner 2 answered questions of Council. R/2024-CW-052 Moved and seconded That the staff report dated June 18, 2024, titled “12297 222 Street and 22175 and 22185 123 Avenue; Rescindment and Amended Readings of Official Community Plan Amending Bylaw No. 7803-2021; and Zone Amending Bylaw No. 7812-2021 Amended Second Reading” be forwarded to the next Regular Council Meeting.
CARRIED 6. ENGINEERING SERVICES 6.1 Budget Increase for 123 Avenue Roadway and Utility Improvements Project (Laity St. to 216 St.) To obtain Council approval to increase the budget for the 123 Avenue Roadway and Utility Improvements Project to allow the project to proceed to construction.
Committee of the Whole Meeting Minutes June 18, 2024 Page 3 of 4
Document: 3838335
The Manager of Engineering Design & Construction provided a presentation and answered questions of Council. The Director of Finance answered questions of Council. R/2024-CW-053 Moved and seconded That the staff report date June 18, 2024, titled “Budget Increase for 123 Avenue Roadway and Utility Improvements Project (Laity St. to 216 St.)” be forwarded to the next Regular Council Meeting. CARRIED 7. CORPORATE SERVICES - NIL 8. PARKS, RECREATION, AND CULTURE – NIL 9. ADMINISTRATION – NIL 10. COMMUNITY FORUM – NIL 11. NOTICE OF CLOSED MEETING 11.1 Resolution to Exclude the Public R/2024-CW-054 Moved and seconded The meeting will be closed to the public pursuant to Sections 90(1) and Sections 90 (2) of the Community Charter as the subject matter being considered is related to the following:
• Section 90(1)(l) – discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report];
• Section 90(2)(b) – the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; Any other matter that may be brought before the Council that meets the requirements for a meeting closed to the public pursuant to Sections 90(1) and 90(2) of the Community Charter or Freedom of Information and Protection of Privacy Act. CARRIED
Committee of the Whole Meeting Minutes June 18, 2024 Page 4 of 4
Document: 3838335
12. ADJOURNMENT – 3:13 pm ____________________________________ Councillor S. Schiller, Chair Certified Correct _______________________________________________ C. Mushata, Corporate Officer
~ Maple Ridge -
TO: MEETING DATE: July 2, 2024 His Worship Mayor Dan Ruimy
and Members of Council FILE NO: 2019-255-RZ
FROM: Chief Administrative Officer MEETING: cow
SUBJECT: First, Second, and Third Reading
Housing Agreement Bylaw No. 8003-2024
12297 222 Street, 22175 123 Avenue and 22185 123 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject site, located at 12297 222 Street, 22175 123 Avenue,
and 22185 123 Avenue, from RS-1 (Single Detached Residential) to CD-6-21 (Medium Density Mixed Use
Rental and Market Apartment Residential), to accommodate the future construction of an eight-storey
rental Apartment/Group Child Care Centre building comprised of the following:
1. a Group Child Care Centre on the second floor;
2. 106 rental dwelling units, including 54 affordable rental units and 52 market rental units, intended
to be utilized by senior citizens, people with a disability or diminished ability, war veterans and
sponsored immigrants;
3. four studio guest units to serve as temporary accommodations for visitors of tenants; and
4. ancillary office uses and other amenities for the primary housing use.
As the proposed eight-storey building contains 106 rental dwelling units, including 54 affordable rental
dwelling units, a Housing Agreement is required as a condition of the rezoning to ensure that all dwelling
units will be used and held only as rental housing, and that 54 dwelling units shall be used and remain as
affordable rental housing in perpetuity.
To authorize the City to enter into a Housing Agreement, the attached bylaw (see Appendix B) is being
brought forward to Council for first, second and third reading. A Public Hearing is not required prior to
final adoption of the bylaw. The Housing Agreement bylaw will be brought forward for consideration of
final reading/adoption at the same meeting as the consideration of final adoption of the rezoning
application 2019-255-RZ (Maple Ridge Zone Amending Bylaw 7872-2027) once all terms and conditions of
the rezoning are met by the applicant.
RECOMMENDATIONS:
That Housing Agreement Bylaw No. 8003-2024 for 12297 222 Street, 22175 123 Avenue, and
22185 123 Avenue be given first, second and third reading.
2019-255-RZ Page 1 of 3
DISCUSSION:
a) Project Description:
As discussed in the Council Report dated June 18, 2024, the development site currently has access to 123
Avenue and 222 Street (see Appendix A). There are four to five-storey multi-family apartment buildings and
parkland to the east, a development application for a six-storey apartment building to the south, and single-
family dwellings on the other parcels to the south, north and west. It is likely that with time the remaining
single-family homes in the area will also redevelop with multi-family type development.
It is proposed that the subject properties be developed to accommodate an eight-storey Apartment/Group
Child Care Centre building comprised of the following:
1. a Group Child Care Centre on the second floor;
2. 106 rental dwelling units, including 54 affordable rental units and 52 market rental units, intended
to be utilized by senior citizens and, people with a disability or diminished ability, war veterans and
sponsored immigrants;
3. four studio guest units to serve as temporary accommodations for visitors of tenants; and
4. ancillary office uses and other amenities for the primary housing use.
b) Housing Agreement:
Under the Local Government Act ("LGA"), the City may, by bylaw, enter into a Housing Agreement, which
may include terms and conditions agreed upon by the City and a landowner regarding the occupancy of
the housing units identified in the agreement. This includes, but is not limited to, the form of tenure of the
housing units. If the City is entered into a Housing Agreement, it must file in the Land Title Office a notice
that the land described in the notice is subject to the Housing Agreement, in accordance with subsection
483(5) of the LGA.
The proposed development is consistent with Policy 3-32 of the Official Community Plan ("OCP") which
states that "Maple Ridge supports the provision of affordable, rental and special needs housing throughout
the District," and the Housing Agreement reflects this as well. It is proposed that the Housing Agreement
(see Appendix B) be registered as a covenant on the subject properties as agreed upon by the City and the
landowner to ensure:
1. that all 106 dwelling units in the development are used as rental housing in perpetuity;
2. that the 54 affordable rental dwelling units in the development are used as affordable rental
housing in perpetuity; and
3. that the supportive rental units and senior rental units in the development are occupied by people
with a disability and senior citizens, respectively.
CONCLUSION:
To allow rezoning application 2019-255-RZ to proceed to final adoption, the applicant has agreed to enter
into a Housing Agreement that requires the following, in accordance with the OCP:
1. all 106 dwelling units in the development be used as rental housing in perpetuity;
2019-255-RZ Page 2 of 3
2. the 54 affordable rental dwelling units in the development be used as affordable rental housing in
perpetuity; and
3. the supportive rental units and senior rental units in the development be occupied by people with
a disability and senior citizens, respectively.
For further security, the Housing Agreement is to be registered as a covenant on the subject properties as
discussed above.
The LGA requires that the City adopts a bylaw to enter into a Housing Agreement, and files a notice on the
title of the land that the land is subject to a Housing Agreement. Therefore, Council is requested to grant
first, second and third reading for the Housing Agreement Bylaw No. 8003-2024 for the properties located
at 12297 222 Street, 22175 123 Avenue, and 22185 123 Avenue. Final adoption would be considered by
Council at a later date, concurrently with final reading/adoption for Maple Ridge Zone Amending Bylaw
7872-2021.
"Original Signed by Skye Bell"
Prepared by Skye Bell
Planner 2 (Contractor)
"Original Signed by Scott Hartman"
Concurrence: Scott Hartman
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A -Subject Map
Appendix B -Housing Agreement Bylaw No. 8003-2024
2019-255-RZ
"Original Signed by Marlene Best"
Reviewed by: Marlene Best, RPP, MA
Interim Director of Planning
Page 3 of 3
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Legend
Stream
Appendix A
N
Scale: 1 :2,500
Ditch Centreline
Indefinite Creek
River Centreline
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) I 12330 \ \12319 12320
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12313 12312
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I" 12230 12231 . � I 12219 I "' I
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12297 222 STREET, 22175/85 123 AVENUE
PID'S; 011-921-935, 010-122-818 & 010-122-885
PLANNING DEPARTMENT Id· !t!r!:MI
FILE: 2019-255-RZ
DATE: Sep 21, 2020
mapleridge.ca
BY: PC
Appendix A
CITY OF MAPLE RIDGE
BYLAW NO. 8003-2024
Appendix B
A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for the development on the
land located at 12297 222 Street, 22175123 Avenue and 22185 123 Avenue
WHEREAS, Council may, by bylaw, enter into a Housing Agreement pursuant to the Local Government Act, RSBC
2015, c 1, as amended;
AND WHEREAS, the City and 1173290 B.C. LTD. wish to enter into a Housing Agreement for the subject properties
at 12297 222 Street, 22175 123 Avenue and 22185 123 Avenue;
NOW THEREFORE, the Council of the City of Maple Ridge enact as follows:
1.This Bylaw may be cited for all purposes as "Maple Ridge 12297 222 Street Housing Agreement Bylaw No.
8003-2024".
2.Council authorizes the City to enter into a Housing Agreement with 1173290 B.C. LTD., in respect of the
permitted use for the development on the following land:
Parcel A, Lot 5, Plan NWP830, District Lot 396, Group 1, New Westminster Land District, Reference
Plan 12909; Except: Firstly: Parcel B (Reference Plan 13374), Secondly: Parcel D (Explanatory Plan
13727);
Lot 9, Plan NWP 15728, District Lot 396, Group 1, New Westminster Land District;
Lot 10, Plan NWP 15728, District Lot 396, Group 1, New Westminster Land District.
3.The Mayor or their delegate and the Corporate Officer are authorized to execute the Housing Agreement and
all incidental instruments on behalf of the City of Maple Ridge.
4.Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw.
5.This Bylaw shall take effect as of the date of adoption hereof.
READ a first time the ___ day of ___ , 2024.
READ a second time the ____ day of ___ , 2024.
READ a third time the ____ day of ___ , 2024.
ADOPTED the ___ day of ___ , 2024.
PRESIDING MEMBER CORPORATE OFFICER
Schedule A
Part of Bylaw No. 8003-2024
HOUSING AGREEMENT & SECTION 219 COVENANT
(Application 2019-255-RZ)
BETWEEN:
AND:
AND:
1173290 B.C. LTD.
13936 35A Avenue
Surrey, British Columbia, V4P lll
(the "Covenantor")
THE CITY OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, British Columbia, V2X 6A9
(the "City")
MORTEQ LENDING CORP.
316 -5455 152 Street
Surrey, BC V3S SAS
(the "Lender")
WHEREAS:
A. The Covenantor is the registered owner in fee simple of Lands as defined herein.
B. As set out in Schedule "A" of this Agreement, the City is prepared to allow construction by the
Covenantor of an eight-storey high mixed-use building with a gross floor area of 11,782.54 m2,
which will be comprised of the following features:
(a) a Group Child Care Centre on the second floor;
(b) 106 rental Dwelling Units, including 54 Affordable Rental Units and 52 Market Rental
Units, intended to be utilized by Senior Citizens, people with a disability or diminished
ability, War Veterans and Sponsored Immigrants;
1
(c) four Studio Guest Units; and
Schedule A
Part of Bylaw No. 8003-2024
(d) ancillary office uses and other amenities for the primary housing use
(collectively, the "Development").
C. The Covenantor and the City wish to enter into this Agreement to secure the agreement of the
Covenantor that all Dwelling Units within the Development will be designated and used only as
rental housing in perpetuity, and that 54 of the Dwelling Units within the Development will be
designated and used only as Affordable Rental Units in perpetuity, according to the terms and
conditions of this Agreement. This Agreement will have effect as both a covenant that runs with
the land under section 219 of the Land Title Act and a housing agreement under the Local
Government Act.
D. Council of the City has adopted a bylaw under the Local Government Act to authorize this
Agreement as a housing agreement.
NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment
of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and
agree, pursuant to the Local Government Act and section 219 of the Land Title Act (British Columbia) as
follows:
Definitions
1. In this Agreement:
(a) "Accessibility Requirements" means CMHC Accessibility Design Standards, as may be
amended from time to time;
(b) "Affordable Rental Unit" means a Dwelling Unit located within the Development that
is intended to be occupied and used by a Household whose total income meets the
Affordable Rental Unit Eligibility Criteria, and which is available for rent at a rate that is
less than 80 percent of the median market rent, as determined by a market rent
appraisal of similar units within Maple Ridge;
(c) "Affordable Rental Unit Eligibility Criteria" means the eligibility criteria set by the
CMHC that will be applied by the Covenantor under this Agreement when determining
if a Tenant is eligible to receive rental assistance or subsidized housing;
2
Schedule A
Part of Bylaw No. 8003-2024
(d) "Bed and Breakfast" means use of the Dwelling Units for the purposes of providing
accommodations for tourists or persons who intend to occupy a Dwelling Unit for less
than a month;
(e) "Business Days" means any day, other than a Saturday, Sunday or statutory holiday in
the Province of British Columbia;
(f) "Caretaker's Suite" means a suite that is intended for use as a residence by a person
who is employed as a provider of supportive services to Senior Citizens or people with
a disability or diminished ability;
(g) "Group Child Care Centre" means a child day care licensed under the British Columbia
Child Care Licensing Regulations and such other legislation and regulations that govern
child care in British Columbia, as may be adopted from time to time;
(h) "CMHC" means the Canada Mortgage Housing Corporation;
(i) "Dwelling Units" means all residential dwelling units, excluding Caretaker's Suites and
Studio Guest Units, located or to be located on the Lands as either lots or parcels, or
parts or portions of lots or parcels, into which ownership or right of possession or
occupation of the Lands may be subdivided and includes single family detached
dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental
apartments and strata lots in a building strata plan, and which will be rented out by the
Covenanter as Market Rental Units, unless the Dwelling Units are designated as
Affordable Rental Units;
(j) "Eligible Tenant" means a Tenant that meets the eligibility criteria for the type of
Dwelling Unit that they are applying for;
(k) "Household" means an individual, a family, or a group of unrelated individuals, who
reside in a particular Dwelling Unit;
(1) "Good Condition" means keeping a location in good repair and in a safe, neat, and tidy
condition that is fit for human habitation and consistent with the health and safety
standards required by the RTA and all other applicable legislation, regulations, City
bylaws and rules, as may be amended from time to time;
(m) "Lands" means the land described in Item 2 of the General Instrument attached hereto,
including any buildings now or hereafter located on the land, and any part or a portion
3
Schedule A
Part of Bylaw No. 8003-2024
of such land or building into which said land or building is or may at any time be
subdivided;
(n) "Market Rental Unit" means a Dwelling Unit located within the Development that is
rented to Tenants for market rental rates as set by the Covenanter;
(o) "Market Rental Unit Eligibility Criteria" means the eligibility criteria set by the
Covenanter;
(p) "Other Rental Units" means a Dwelling Unit occupied and used by Sponsored
Immigrants or War Veterans;
(q) "RTA" means the British Columbia Residential Tenancy Act, SBC 2002 c 78, including
any regulations pursuant to the RTA, any of which may be amended or replaced from
time to time;
(r) "Senior Citizen" means a person who is 55 years of age or older;
(s) "Senior Rental Unit" means a Dwelling Unit occupied and used by a Senior Citizen;
(t) "Sponsored Immigrants" means a person who is not a Canadian citizen, has applied
to come to Canada and either:
(i) has applied to be sponsored by a Canadian citizen or permanent resident; or
(ii) has an approved Canadian sponsor;
(u) "Studio Guest Unit" means a suite located within the Development that:
(i) only serves as temporary accommodations for visitors ofTenants;
(ii) includes a bedroom and bathroom;
(iii) does not include any kitchen facilities; and
(iv) is not a Bed and Breakfast or a Dwelling Unit, as defined herein.
(v) "Subdivide" means to divide, apportion, consolidate or subdivide the Lands, or the
ownership or right to possession or occupation of the Lands into two or more lots,
parcels, parts, portions or shares, whether by plan, descriptive words or otherwise,
4
Schedule A
Part of Bylaw No. 8003-2024
under the Land Title Act or the Strata Property Act, or otherwise, and includes the
creation, conversion, organization or development of "cooperative interest" or "shared
interest in land" as defined in the Real Development Marketing Act;
(w) "Supportive Rental Unit" means a Dwelling Unit occupied and used by a person with
a disability or diminished ability, as defined by BC Housing's supportive housing
criteria;
(x) "Tenant" means a Household that enters into a Tenancy Agreement pursuant to this
Agreement;
(y) "Tenancy Agreement" means a tenancy agreement as defined in the RTA that grants
the right to a Tenant to occupy a Dwelling Unit.
(z) "War Veteran" means Armed Forces and Merchant Navy Veterans who served during
the First World War, Second World War or Korean War; former and current members of
the Canadian Forces, including those who served in Special Duty Areas and in
peacekeeping; and Allied Veterans who have served with one of the Allied forces during
the Second World War or the Korean war and have lived in Canada for at least 10 years
or lived in Canada prior to enlisting, as defined under the mandate of the Veterans
Affairs Canada on the Government of Canada website, which may be amended from
time to time.
Use, Occupancy, Subdivision and No Separate Sale Restrictions
2. The Covenanter will ensure that all Dwelling Units within the Development:
(a) will be used only for the purposes of providing rental accommodation and will remain
as rental accommodation in perpetuity;
(b) meet the Accessibility Requirements as defined herein;
(c) will only be rented out by the Covenanter to a Tenant under a Tenancy Agreement in
accordance with the RTA;
(d) will only be occupied by a Tenant who has entered a Tenancy Agreement with the
Covenanter.
3. All Dwelling Units will be rented out as Senior Rental Units, Supportive Rental Units or Other
Rental Units.
5
Schedule A
Part of Bylaw No. 8003-2024
4. At least 54 of the Dwelling Units will be designated by the Covenanter as Affordable Rental Units
and will remain Affordable Rental Units in perpetuity.
5. To be eligible to rent a Dwelling Unit, Tenants must meet the eligibility requirements of the type
of Dwelling Unit they are applying for. For clarity, if an Affordable Rental Unit is rented out as
either a Senior Rental Unit, Supportive Rental Unit or Other Rental Unit, the eligibility criteria
for both an Affordable Rental Unit, and either a Senior Rental Unit, Supportive Rental Unit or
Other Rental Unit must be met.
6. The maximum number of Studio Guest Units within the Development is four. The Covenanter
and the City agree that any Tenant may allow visitors to use a Studio Guest Unit in the
Development for up to a maximum of 12 days per calendar year, unless otherwise approved by
the Covenanter in writing, subject to the following provisions:
(a) if there is more than one Tenant per Dwelling Unit, the maximum term of use for Studio
Guest Units set out in section 6 will apply to the entire Household and not to each
individual person in that Household;
(b) if a Tenant concurrently uses more than one Studio Guest Unit to accommodate their
visitors during their visit, each Studio Guest Unit concurrently used by the Tenant will
constitute one day's use of a Studio Guest Unit, up to the maximum number of days of
use permitted under section 6;
(c) if a Studio Guest Unit is used by a Tenant's visitor for less than 24 hours, the Studio
Guest Unit will be deemed to have been used for one day, for the purposes of the
Tenancy Agreement;
(d) the Studio Guest Unit will not be occupied by more than the number of people the City
determines can reside in the Studio Guest Unit, given the number and size of bedrooms
in the Studio Guest Unit, in accordance with any City bylaws as may be adopted or
amended from time to time; and
(e) Tenants must receive written approval from the Covenanter prior to using a Studio
Guest Unit in the Development for their visitors.
7. The Covenanter covenants and agrees that they will:
(a) operate and manage all of the Dwelling Units in accordance with the terms in this
Agreement;
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Schedule A
Part of Bylaw No. 8003-2024
(b) manage the Dwelling Units in a good and workmanlike manner;
(c) keep and maintain, or cause to be kept and maintained, the Development, Dwelling
Units, and any other location within the Development or on the Lands, in Good
Condition, with reasonable wear and tear excepted at the discretion of the City;
(d) insure, or cause to be insured, the Dwelling Units and all parts thereof, by obtaining
comprehensive general liability coverage and any other insurance policies that may be
deemed appropriate to cover the full replacement cost of the Dwelling Units in order to
protect against perils that would normally be insured against by an owner under similar
ci rcu msta nces;
(e) ensure that each Tenancy Agreement:
(i) aligns with the requirements for Tenancy Agreements under the RTA and any
regulations;
(ii) includes a clause that requires at least one of the Tenants under the Tenancy
Agreement to represent and warrant thatthey meet the eligibility requirements
for that particular Dwelling Unit;
(iii) includes a clause that reserves the Covenanter's right to terminate the Tenancy
Agreement if:
(A) the Dwelling Unit is not occupied by at least one Eligible Tenant;
(B) the Dwelling Unit is occupied by more than the number of people the
City determines can reside in the Dwelling Unit, given the number and
size of bedrooms in the Dwelling Unit, in accordance with any City
bylaws as may be adopted or amended from time to time;
(C) the Dwelling Unit remains vacant for three consecutive months or
longer, notwithstanding the timely payment of rent; or
(D) the Tenant subleases the Dwelling Unit or assigns the Tenancy
Agreement in whole or in part;
(iv) include a clause that Tenants may use a Studio Guest Unit in the Development
for their visitors in accordance with the provisions set forth in section 6;
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Schedule A
Part of Bylaw No. 8003-2024
(f) at the time each Tenancy Agreement is executed, the Covenantor will require that the
Tenant submits supporting documents to demonstrate that they are Eligible Tenants
as defined in this Agreement;
(g) keep current and accurate records pertaining to:
(i) for each Dwelling Unit, the number of Eligible Tenants occupying each Dwelling
Unit, and whether the Dwelling Unit is:
(A) an Affordable Rental Unit,
(B) a Market Rental Unit,
(C) a Senior Rental Unit,
(D) a Supportive Rental Unit, or
(E) an Other Rental Unit, including whether the Other Rental Unit is
occupied by a War Veteran or Sponsored Immigrant, and
a copy of these Dwelling Unit records will be certified by the Covenantor's
director, officer, or other designate, and provided by the Covenantor to the
City with a respective statutory declaration attesting to the truth of the same,
annually from the date of first issuance of an Occupancy Permit relating to the
Development, or as otherwise requested by the City; and
(ii) the rental rates charged in respect of the Affordable Rental Rates, with a copy
of the annual rent roll certified by the Covenantor's director, officer, or other
designate to be provided by the Covenantor to the City with a respective
statutory declaration attesting to the truth of the same, annually from the date
of first issuance of an Occupancy Permit relating to the Development, or as
otherwise requested by the City;
(h) notify the City if they sell or transfer the Lands, within three Business Days of the
effective date of sale or transfer.
8. The Covenantor covenants and agrees that they will not:
(a) use, or permit to be used, any Dwelling Unit or Studio Guest Unit within the
Development as a Bed and Breakfast or a Caretaker's Suite;
8
Schedule A
Part of Bylaw No. 8003-2024
(b) rent out, provide a licence to use, or sublet, nor permit to be rented out, licenced to use,
or sublet, any Dwelling Unit, in whole or in part, for a term of less than one month at a
time;
(c) permit a Dwelling Unit to be subleased or a Tenancy Agreement to be assigned, or
exercise any discretional authority under the RTA to consent to a sublease of the
Dwelling Unit or assignment of a Tenancy Agreement, except as may be legally required
by the RTA or by any other applicable legislation or regulation;
(d) permit a Dwelling Unit to be occupied by the Covenanter, the Covenanter's family
members, or a tenant or guest of the Covenanter, unless the Covenanter, the
Covenanter's family members, or the tenant or guest of the Covenanter, meet the
eligibility criteria for that Dwelling Unit under this Agreement;
(e) occupy or permit any person to occupy any Dwelling Unit, portion of the Development,
or any other building, in part or in whole, that is constructed on the Lands, and the City
will not permit final or provisional occupancy of any Dwelling Unit, portion of the
Development, or any other building constructed on the Lands until the following
conditions are met by the Covenanter:
(i) the Dwelling Units have received occupancy certificates; and
(ii) the Covenanter is not otherwise in breach of any of its obligations under this
Agreement, or any other agreement between the City and the Covenanter in
relation to the Development of the Lands.
(f) seek any compensation from the City for any decrease in the market value of the Lands
orfor any other obligations on the part of the Covenanter and its successors which may
at any time result, directly or indirectly, from the operation of this Agreement.
9. Without limiting the application of section 21 in this Agreement, the Covenanter will indemnify,
protect, and defend the City and its officers, directors, shareholders, personnel, employees, and
agents from any and all claims made against the City or its personnel for any losses, claims, or
damages that may derive from withholding the occupancy certificate until the conditions in
section S(e) have been met.
10. Where a person enters into a Tenancy Agreement in accordance with this Agreement and does
not occupy a Dwelling Unit for a month or longer because they have become hospitalized,
deceased, are temporarily staying elsewhere, or are otherwise prevented from occupying their
Dwelling Unit, this does not constitute as a Bed and Breakfast use or a breach of this Agreement.
9
Schedule A
Part of Bylaw No. 8003-2024
11. Any Group Child Care Centre that is operated on the Lands will be governed according to the
applicable policies, legislation and regulations of the Fraser Health Authority and the
Government of British Columbia.
12. The Lands will not be Subdivided by the Covenanter or any of their designates, except by means
of a strata plan under the Strata Property Act subdivided as follows:
(a) a single strata lot comprising of all the Market Rental Units;
(b) a single strata lot comprising of all the Affordable Rental Units;
(c) a single strata lot comprising of a Group Child Care Centre; and
(d) a single strata lot comprising of ancillary office uses.
Specific Performance
13. The Covenanter agrees that because of the public interest in ensuring that all the matters
described in this Agreement are complied with, the public interest strongly favours the award
of a prohibitory or mandatory injunction, or an order for specific performance or other specific
relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an
actual or threatened breach of this Agreement.
14. For clarity, neither section 13 nor any other section of this Agreement is intended to exclude the
City from being able to seek all other equitable remedies under this Agreement in the event of
an actual or threatened breach of this Agreement by the Covenanter. No reference to nor
exercise of any specific right or remedy under this Agreement or at law or in equity will
prejudice, limit, or preclude the City from exercising any other such right or remedy. No such
right or remedy will be exclusive or dependent upon any other such right or remedy, but the
City may, from time to time, exercise any one or more such rights or remedies independently,
successively, or in combination.
Notice of Housing Agreement
15. The Covenanter acknowledges and agrees that:
(a) this Agreement is both a covenant under section 219 of the Land Title Act and a Housing
Agreement entered into under the Local Government Act;
(b) the City is required to file a notice of Housing Agreement with the Land Title Office
against title to the Lands; and
10
Schedule A
Part of Bylaw No. 8003-2024
(c) once such notice is filed, this Agreement will be a Housing Agreement under the Local
Government Act, and binds all future persons who acquire an interest in the Lands.
Independent Legal Advice
16. The Parties acknowledge that they have each had the opportunity to obtain independent legal
advice prior to executing this Agreement, and that each Party has reviewed and understands
the terms of this Agreement.
No Obligation to Enforce
17. The rights given to the City by this Agreement are permissive only and nothing in this Agreement
imposes any legal duty of any kind on the City to anyone, or obliges the City to enforce this
Agreement, to perform any act or to incur any expense in respect of this Agreement.
No Effect on Laws or Powers
18. This Agreement does not:
(a) affect or limit the discretion, rights, duties, or powers of the City or the Approving Officer
for the City under the common law or any statute, bylaw, or other enactment, nor does
this Agreement date or give rise to, nor do the parties intend this Agreement to create
any implied obligations concerning such discretionary rights, duties or powers;
(b) affect or limit the common law or any statute, bylaw or other enactment applying to the
Lands; or
(c) relieve the Covenanter from complying with any common law or any statute,
regulation, bylaw, or other enactment.
Benefit of the Parties
19. The Parties agree that this Agreement has been entered into solely for the benefit of the City,
and the City may, at any time, execute a release and discharge of this Agreement without
requiring the consent of the Covenanter.
20. Nothing in this Agreement creates any rights for any third party or third-party entity other than
the City and Covenanter, including without limitation, any tenant, future owner, lessee, or
occupier or user of the Development or any other building on the Lands, or any portion thereof.
Indemnity
21. The Covenanter hereby releases, indemnifies and holds harmless the City and its officers,
directors, shareholders, personnel, employees, and agents from and against any and all:
actions, causes of actions, suits, claims (including claims for injurious affection), cost (including
11
Schedule A
Part of Bylaw No. 8003-2024
legal fees and disbursements), expenses, debts, demands, losses (including economic loss); any
future costs, expenses, debts, demands, or losses; and any liabilities of whatsoever kind arising
out of or in any way due or relating to the granting or existence of this Agreement, the
restrictions or obligations contained in th is Agreement or the performance or non-performance
by the Covenantor of this Agreement that the City is or may become liable for, incur or suffer.
Priority
22. The Covenantor will do everything necessary, at the Covenantor's expense, to ensure that this
Agreement is registered against title to the Lands in priority to all liens, charges and
encumbrances registered or pending registration against title to the Lands, save and except
those specifically a pp roved in writing by the City and those in favou r of the City.
23. Furthermore, both the Covenantor and the City recognize that any development on the Lands
will:
Waiver
(a) operate in accordance with the stipulations directed by the CMHC and the BC Housing
Management Commission, or both; and
(b) will be subject to the limitations placed on the Lands by the CMHC National Housing Co-
Investment Fund.
24. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in
writing of the breach. A waiver of a breach of this Agreement does not operate as a waiver of
any other breach of this Agreement.
Governing Law
25. This Agreement will be governed and interpreted by the laws of the Provi nee of British Columbia
applicable therein, without regard to the principles of conflicts of law. The City and the
Covenantor hereby attorn to the exclusive jurisdiction of the courts of the Province of British
Columbia.
Interpretation
26. In this Agreement:
(a) reference to the singular includes a reference to the plural, and vice versa, unless the
context requires otherwise;
(b) reference to a particular numbered section or article, or to a particular lettered
Schedule, is a reference to the correspondingly numbered or lettered article, section or
Schedule of this Agreement;
12
Schedule A
Part of Bylaw No. 8003-2024
(c) article and section headings have been inserted for ease of reference only and are not
to be used in interpreting this Agreement;
(d) the word "enactment" has the meaning given to it in the Interpretation Act (British
Columbia) on the reference date of this Agreement;
(e) reference to any enactment is a reference to that enactment as consolidated, revised,
amended, re-enacted or replace, unless otherwise expressly provided;
(f) reference to "party" or the "parties" is a reference to a party, or the parties, to this
Agreement and their respective successors, assigns, trustees, administrators and
receivers;
(g) time is of the essence; and
(h) reference to a "day", "month" or "year" is a reference to a calendar day, calendar
month, or calendar year unless otherwise expressly provided.
Further Assurances
27. The Parties agree that they will both execute and deliver such other documents or instruments
and take such other actions as may be reasonably required, each at their own expense, to give
effect to this Agreement.
Severance
28. If any part of this Agreement is held to be invalid, illegal, or unenforceable by a court of
competentjurisdiction to do so, that part is to be considered to have been severed from the rest
of this Agreement and the rest of this Agreement remains in force unaffected by that holding or
by the severance of that part.
No Other Agreements
29. This Agreement is the entire agreement between the Parties regarding its subject and it
terminates and supersedes all other agreements and arrangements regarding its subject.
Except for any agreements that are specifically intended to amend this Agreement, any other
agreements that the Parties may enter into with each other after this Agreement is executed
will be read together with this Agreement for context and understanding but does not form part
of this Agreement.
13
Enurement
Schedule A
Part of Bylaw No. 8003-2024
30. This Agreement binds the parties to it and their respective successors, heirs, executors and
administrators.
Binding Agreement
31. By executing and delivering this Agreement each of the parties intends to create a binding
Agreement on the parties.
As evidence of their agreement to be bound by this Agreement, the Covenanter and the City have
executed the Land Title Act Form C attached to and forming part of this Agreement.
1173290 B.C. LTD. CITY OF MAPLE RIDGE
By its authorized signatory: By its authorized signatory(ies):
Name: Name:
14
Floor Dwelling Unit Type
1st n/a
2nd Affordable Rental Units
3rd Affordable Rental Units
4th Affordable Rental Units
5th Affordable Rental Units
6th Market Rental Units
7th Market Rental Units
gth Market Rental Units
Total Number of Dwelling Units:
SCHEDULE "A"
Development Features by Floor
Schedule A
Part of Bylaw No. 8003-2024
Number of Dwelling Units Ancillary/Amenity Uses Other Uses
0 Offices n/a
14 Amenity Room Group Child Care Centre
20 Meeting Room n/a
20 1 Studio Guest Un it n/a
Amenity Room
20 Gym n/a
9 1 Studio Guest Unit n/a
Lockers/Storage
20 1 Studio Guest Unit n/a
Lockers/Storage
3 1 Studio Guest Unit n/a
Amenity Room
106
15
CONSENT & PRIORITY AGREEMENT
Schedule A
Part of Bylaw No. 8003-2024
The Lender is the registered holder of charges by way of mortgage, assignment of rents and Priority
Agreements registered against the Lands, which said charges are registered in the Land Title Office at
New Westminster under numbers CA9324293, CA9324294, CA9324431 and CA9324432 (the "Existing
Charges"). In consideration of the payment of ONE DOLLAR ($1.00) and other good and valuable
consideration (the receipt and sufficiency of which is hereby acknowledged), the Lender hereby
consents to the registration of the Covenant herein granted under section 219 of the Land Title Act,
running with the Lands and against the Lands and the Lender hereby postpones all of its rights under
the of mortgage, assignment of rents and Priority Agreements registered under numbers CA9324293,
CA9324294, CA9324431 and CA9324432 (the "Lender Documents") to those rights of the City of Maple
Ridge under the Covenant herein in the same manner and to the same effect as if it had been dated and
registered prior to the Existing Charges.
MORTEQ LENDING CORP.
By its authorized signatory:
Name:
16