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HomeMy WebLinkAbout2024-03-05 Committee of the Whole Agenda and Reports.pdfCity of Maple Ridge COMMITTEE OF THE WHOLE AGENDA March 05, 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 – February 20, 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 2021­280­RZ, 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road To enter into a Housing Agreement for the subject property to ensure that the dwelling units will be used as rental housing in perpetuity. RECOMMENDATION: That the staff report dated March 5, 2024, titled “First, Second and Third Reading, Housing Agreement Bylaw No. 7992­2024, 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road” be 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 WHOLEAGENDAMarch 05, 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 – February 20, 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 2021­280­RZ, 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road To enter into a Housing Agreement for the subject property to ensure that the dwelling units will be used as rental housing in perpetuity. RECOMMENDATION: That the staff report dated March 5, 2024, titled “First, Second and Third Reading, Housing Agreement Bylaw No. 7992­2024, 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road” be 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: 3686919 CITY OF MAPLE RIDGE COMMITTEE OF THE WHOLE MEETING MINUTES FEBRUARY 20, 2024 The Minutes of the Committee of the Whole Meeting held virtually and hosted in Council Chambers on February 20, 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 O. Dozie (11:18 am) Councillor J. Dueck Councillor S. Schiller Councillor J. Tan Councillor A. Yousef ABSENT Councillor K. Carreras Appointed Staff S. Hartman, Chief Administrative Officer C. Mushata, Corporate Officer, Director of Legislative Services Other Staff as Required M. Best, Interim Director of Planning C. Bevacqua, Clerk 3 A. Grochowich, Manager of Community Planning J. Khaira, Manager of Engineering Design & Construction Z. Lifshiz, Director of Strategic Development, Communications and Public Engagement C. Neufeld, Manager of Parks Planning & Development W. Oleschak, Director of Engineering Operations V. Richmond, Director of Parks & Facilities A. Rieu, Planner 1 T. Thompson, Director of Finance T. Westover, Director, Economic Development 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 Dozie joined the meeting virtually at 11:18 am 1. CALL TO ORDER – 11:00 am Councillor A. Yousef, Chair called the meeting to order and provided the territory acknowledgement. 2. APPROVAL OF THE AGENDA R/2024-CW-012 Moved and seconded THAT the agenda of the Committee of the Whole Meeting of February 20, 2024, be approved as circulated. CARRIED Committee of the Whole Meeting Minutes February 20, 2024 Page 2 of 4 Document: 3686919 3. MINUTES 3.1 Adoption of Minutes R/2024-CW-013 Moved and seconded THAT the minutes of the Special Committee of the Whole Meeting of January 23, 2024, be adopted. CARRIED 4. DELEGATIONS/STAFF PRESENTATIONS - NIL 5. PLANNING AND DEVELOPMENT SERVICES 5.1 2023-056-AL, 26060 124 Avenue Application to subdivide Land within the Agricultural Land Reserve at the subject property. The Director of Planning provided a summary presentation and answered questions of Council. R/2024-CW-014 Moved and seconded That the staff report dated February 20, 2024, titled “Application to Subdivide Land within the Agricultural Land Reserve, 26060 124 Avenue” be forwarded to the next Regular Council Meeting. CARRIED ************************************************************* Councillor Dozie joined the meeting virtually at 11:18 am ************************************************************* 5.2 2023-373-RZ, Units 102, 104, 106, and 116 – 22633 Selkirk Avenue To allow an accessory Pharmacy use in a proposed new medical clinic/pharmacy in Phase 4 of the Brickwater Building. The Director of Planning provided a summary presentation and answered questions of Council. The applicant, Sandeep Nimmagadda and Dr. Kolla Nageswara answered questions of Council. Committee of the Whole Meeting Minutes February 20, 2024 Page 3 of 4 Document: 3686919 R/2024-CW-015 Moved and seconded That the staff report dated February 20, 2024, titled “2023-373-RZ, First and Second Reading, Zone Amending Bylaw No. 7982-2024, Units 102, 104, 106, and 116 – 22633 Selkirk Avenue” be forwarded to the next Regular Council Meeting. CARRIED 5.3 2021-556-RZ, 22020 119 Avenue, RS-1 to RT-2 To permit the future construction of a triplex. The Director of Planning provided a summary presentation and answered questions of Council. The applicant, Chad Binning answered questions of Council. R/2024-CW-016 Moved and seconded That the staff report dated February 20, 2024, titled “2021-556-RZ, 22020 119 Avenue, Zone Amending Bylaw No. 7830-2022, 22020 119 Avenue” be forwarded to the next Regular Council Meeting. CARRIED 5.4 2017-031-DVP/DP, 21333 River Road, Development Permit & Development Variance Permit To permit the construction of four (4) residential units, designed in the form of courtyard housing. 17 notices were mailed out and 0 pieces of correspondence was received on this item. A. Rieu, Planner 1 provided a summary presentation and answered questions of Council. R/2024-CW-017 Moved and seconded That the staff report dated February 20, 2024, titled “2017-031-DVP/DP, Development Permit & Development Variance Permit, 21333 River Road” be forwarded to the next Regular Council Meeting. CARRIED 6. ENGINEERING SERVICES - NIL 7. CORPORATE SERVICES - NIL Committee of the Whole Meeting Minutes February 20, 2024 Page 4 of 4 Document: 3686919 8. PARKS, RECREATION, AND CULTURE 8.1 PL23-106: Award of Contract Maple Ridge Park New Playground Construction To award the Maple Ridge Park playground construction contract to Canadian Landscape & Civil Services Ltd. The Manager of Parks Planning & Development provided a summary presentation and answered questions of Council. R/2024-CW-018 Moved and seconded That the staff report dated February 20, 2024, titled “PL23-106: Award of Contract Maple Ridge Park New Playground Construction” be forwarded to the next Regular Council Meeting. CARRIED 9. ADMINISTRATION – Nil 10. COMMUNITY FORUM – Nil 11. ADJOURNMENT – 11:55 am ____________________________________ Councillor A. Yousef, Chair Certified Correct ___________________________________ C. Mushata, Corporate Officer ~ Maple Ridee ~ TO: His Worship Mayor Dan Ruimy and Members of Council MEETING DATE: March 5, 2024 FILE NO: 2021-281 -RZ FROM: Chief Administrative Officer MEETING: CoW SUBJECT: First, Second, and Third Reading Housing Agreement Bylaw No. 7992-2024 22936, 22944, 22952, 22964 and 2297 4 Dewdney Trunk Road EXECUTIVE SUMMARY: The subject properties located at 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road (see Appendix A) is subject to a rezoning from RS-1 (Single Detached Residential) to RM-2 (Medium Density Apartment Residential) under the rezoning application 2021-281 -RZ. Given that the proposed six-storey apartment building contains 178 rental dwelling units, a Housing Agreement is required as a condition of the rezoning to ensure that the dwelling units will be used as rental housing in perpetuity, subject to earlier demolition of the rental dwelling units no earlier than thirty (30) years from the date the Housing Agreement is registered as a covenant on the subject properties. To authorize the City to enter into a Housing Agreement, the attached bylaw (see Apendix 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 final reading/adoption _at the same meeting as the final adoption of the rezoning application 2021 -281-RZ (Maple Ridge Zone Amending Bylaw 7766-2021 ), once all terms and conditions of the rezoning are met by the applicant. RECOMMENDATION: That Housing Agreement Bylaw No. 7992-2024 for 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road be given first, second and third reading. DISCUSSION: a} Background Context: Applicant: Legal Description: 2021-281-RZ KC (MR DEWDNEY) LIMITED PARTNERSHIP Lot 218 Section 17 Township 12 Plan NWP56868; Lot 223 Section 17 Township 12 Plan NWP57491; Lot 224 Section 17 Township 12 Plan NWP57491; Lot 230 Section NE17 Township 12 Plan NWP58011; Lot 231 Section 17 Township 12 Plan NWP58011 . Page 1 of 3 OCP: Existing: Proposed: Within Urban Area Boundary: Area Plan: OCP Major Corridor: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: West: Existing Use of Properties: Proposed Use of Properties: Site Area: Access: Servicing Requirement: Flood Plain: Fraser Sewer Area: b) Project Description: RES (Urban Residential) RES (Urban Residential) Yes No {near the eastern boundary of the Town Centre Area) Yes RS-1 (Single Detached Residential) RM-2 (Medium Density Apartment Residential) Use: Commercial Zone: C-2 (Community Commercial), and CS-1 (Service Commercial) Designation: Commercial Use: Single Family Residential Zone: RS-1 (Single Detached Residential) Designation: Urban Residential Use: Single Family Residential Zone: RS-1 (Single Detached Residential) Designation: Urban Residential Use: Single Family Residential, under application to rezone to RM-2 Zone: RS-1 (Single Detached Residential) Designation: Urban Residential Single Family Residential Multi Family Residential 0.499 ha (1.23 acres) Rear Lane and Semi-Permanent Lane on the west side with a fire truck hammerhead turnaround Urban Standard No Yes The subject properties are being developed to accommodate a six-storey apartment building containing 178 purpose-built rental dwelling units. The proposed development is consistent with Policy 3-32 of the Official Community Plan which states that 11 Maple Ridge supports the provision of affordable, rental and special needs housing throughout the District.11 To ensure that the proposed building will be used as rental housing in perpetuity, subject to earlier demolition of the rental dwelling units no earlier than thirty (30) years from the date the Housing Agreement is registered as a covenant on the subject properties, a Housing Agreement (see Appendix B) has been prepared and agreed upon by the City and the landowner. 2021-281-RZ Page 2 of 3 In addition to final adoption and registration of the Housing Agreement, a restrictive covenant is also required to state that the dwelling units will be restricted to residential rental units. Under Section 483 of 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. CONCLUSION: To allow this rezoning application to proceed to final adoption, the applicant has agreed to enter into a Housing Agreement to allow for all dwelling units in the proposed apartment building to be secured as rental dwelling units in perpetuity, subject to earlier demolition of the rental dwelling units no earlier than thirty (30) years from the date the Housing Agreement is registered as a covenant on the subject properties. The LGA requires that the City adopt a bylaw to enter into a housing agreement, and file 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. 7992-2024 for the properties located at 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road. Final adoption would be considered by Council at a later date, concurrently with final reading/adoption for Zone Amending Bylaw 7766-2021. "Original Signed by Marlene Best for Skye Bell" Prepared by: Skye Bell, MCP Interim Planner 2 "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. 7992-2024 2021-281-RZ "Original Signed by Marlene Best" Reviewed by: Marlene Best, RPP, MBA Interim Director of Planning Page 3 of 3 APPENDIX A l5 i..:;_J AVE. L· 12145 \ )2150 ·-12152 12161 12128 12147 12145 12144 0 12150 0 vl 12141 12159 0 "'0 9' 12120 12143 12134 12140 s: "'co 12135 12140 12135 >-0 0 12140 12157 a: ...... 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I 11895 I t/879 11830 11869 I I lt851 I r' 1184' "' 1:1 11835 lt829 I 11824 11819 22936/ 44/ 52/ 64/ 74 DEWDNEY TRUNK ROAD PIDs: 005-649-633/ 005-649-641 002-589-257/ 005-603-773/ 001-775-111 FILE: 2021-281-RZ DATE: May 26, 2021 PLANNING DEPARTMENT (•• •• maple ridge.ca CITY OF MAPLE RIDGE BYLAW NO. 7992-2024 A Bylaw to authorize the City of Maple Ridge to enter into a APPENDIX 8 Housing Agreement for 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road WHEREAS, pursuant to Section 483 of the Local Government Act, RSBC 2015, c.1, as amended, Council may, by bylaw, enter into a Housing Agreement under that Section; AND WHEREAS, Council and BT PROJECT 175 LTD. wish to enter into a Housing Agreement for the subject properties at 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road; NOW THEREFORE, the Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge 2936-2297 4 Dewdney Trunk Road Housing Agreement Bylaw No. 7992-2024". 2. Council authorizes the City to enter into a Housing Agreement with BT PROJECT 175 LTD, in respect to the following land: Lot 218 Section 17 Township 12 Plan NWP56868 Lot 223 Section 17 Township 12 Plan NWP57491 Lot 224 Section 17 Township 12, Plan: NWP57491 Lot 230 Section NE17 Township 12 Plan NWP58011 and Lot 231 Section 17 Township 12 Plan NWP58011. 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 _th day of_, 2024. READ a second time the _th day of_, 2024. READ a third time the _th day of_, 2024. ADOPTED the _th day of_, 2024. PRESIDING MEMBER CORPORA TE OFFICER BETWEEN: AND: AND: WHEREAS: HOUSING AGREEMENT (2021-281-RZ) BT PROJECT 175 LTD. 43995 Progress Way, Unit 205 Chilliwack, BC, V2R 0E6 (hereinafter called the "Covenantor") CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, BC V2X 6A9 (hereinafter called the "City") FIRST WEST CREDIT UNION 200-19933 88th Avenue, Langley, BC V2Y 4K5 (hereinafter called the "Lender") Schedule A Part of Bylaw No. 7992-2024 OF THE FIRST PART OF THE SECOND PART OF THE THIRD PART A. The Covenantor is the registered owner in fee simple of that land in the City of Maple Ridge, British Columbia which is legally described in Item 2 of the Land Title Act Form C to which these terms of instrument are attached and which forms part of this Agreement (the "Lands"). B. The City is prepared to allow construction by the Covenantor on the following Lands: Lot: 218, Section: 17, Township: 12, Plan: NWP56868; Lot: 223, Section: 17, Township: 12, Plan: NWP57491; Lot: 224, Section: 17, Township: 12, Plan: NWP57491; Lot: 230, Section: NEl 7, Township: 12, Plan: NWP58011; and Lot: 231, Section: 1 7, Township: 12, Plan: NWP 58011. 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 used and held -1 - Schedule A Part of Bylaw No. 7992-2024 only as rental housing, subject to earlier demolition of the rental Dwelling Units no earlier than thitiy (30) years from the date the Housing Agreement is registered as a covenant on the subject properties, on the terms and conditions of this Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 483 of the Local Government Act. D. The City has adopted a bylaw under section 483 of 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 section 483 of the Local Government Act and section 219 of the Land Title Act (British Columbia) as follows: Definitions 1. In this Agreement: (a) "Development" means the development of the Lands to accommodate a six- storey apartment building containing 178 purpose-built rental dwelling units; (b) "Dwelling Units" means any or all, as the context may require, of the 178 self- contained residential dwelling units within the Development and includes any dwelling unit that is developed on the Lands in future, whether as part of the Development or otherwise, and "Dwelling Unit" means any of such residential dwelling units located on the Lands, whether those dwelling units are lots or parcels, or parts or portions thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental apartments and strata lots in a building strata plan; (a) "Lands" means the land described in Item 2 of the General Instrument, including any buildings now or hereafter located on the aforementioned land, and any pati or a portion of such land or building into which said land or building is or may at any time be subdivided; (b) "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, 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 Estate Development Marketing Act. -2 - Use, Occupancy, Subdivision and No Separate Sale Restrictions Schedule A Part of Bylaw No. 7992-2024 2. All Dwelling Units shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity, subject to earlier demolition of the rental Dwelling Units no earlier than thirty (30) years from the date of this Agreement is registered on the title of the Lands as a Covenant. 3. All Dwelling Units shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed term not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied except by an individual who occupies pursuant to a rental agreement that meets the requirements of section 3. 5. The Lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot. Specific Performance 6. The Covenantor agrees that because of the public interest in ensuring that all of 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 Comi of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement. Notice of Housing Agreement 7. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title Act and a Housing Agreement entered into under section 483 of the Local Government Act; (b) the City is required to file a notice of Housing Agreement in the Land Title Office against title to the Lands; and ( c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a Housing Agreement under section 483 of the Local Government Act. No Obligation to Enforce 8. 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. -3 - No Effect on Laws or Powers 9. This Agreement does not: Schedule A Part of Bylaw No. 7992-2024 (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, by law or other enactment applying to the Lands; or ( c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment. Indemnity 1 O. The Covenantor hereby releases the City, and indemnifies and saves the City harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and 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 this 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 11. 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 approved in writing by the City and those in favour of the City. Consent and Priority 12. The Lender, as the registered holder of charges by way of mortgage and assignment of rents registered against the Lands, which said charges are registered in the Land Title Office at New Westminster under numbers CA9062919, CA9062920 and CA3748612, (the "Existing Charges"), for and in consideration of the sum of One Dollar ($1.00) paid by the City to the Lender (the receipt whereof is hereby acknowledged), hereby agrees that the within section 219 covenant shall be an encumbrance upon the Lands in priority to the Existing Charges in the same manner and to the same effect as if it had been dated and registered prior to the Existing Charges. -4 - Waiver Schedule A Part of Bylaw No. 7992-2024 13. 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. Interpretation 14. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; ( c) the word "enactment" has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement; ( d) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless otherwise expressly provided; ( e) 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; (f) time is of the essence; and (g) reference to a "day", "month" or "year" is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts 15. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Severance 16. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction 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 17. 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. -5 - Enurement Schedule A Part of Bylaw No. 7992-2024 18. This Agreement binds the pmiies to it and their respective successors, heirs, executors and administrators. Counterparts 19. This Agreement may be executed in counterparts and delivered by facsimile or emailed PDF file, each of which will have the same effect as if all parties had signed the same document. Each counterpart shall be deemed to be an original. All counterparts shall be construed together and shall constitute one and the same Agreement. Effective Date 20. This Agreement is effective as of the date of the signature of the last party to sign. Deed and Contract 21. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. As evidence of their agreement to be bound by this Agreement, the Covenantor, the City, and the Lender have executed the Land Title Act Form C or D, as the case may be, attached to and forming part of this Agreement. BT PROJECT 175 LTD. By its authorized signatory: Name: CITY OF MAPLE RIDGE By its authorized signatory(ies): Name: -6 - CONSENT & PRIORITY Schedule A Part of Bylaw No. 7992-2024 The Lender 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) hereby consents to the registration of the Covenant herein granted under Section 219 of the Land Title Acf. running with the said lands and against the said lands and the Lender hereby postpones all of its rights under the Mortgage and Assignment of Rents registered respectively under No. CA9062919, CA9062920 and CA3748612 (the "Lender Documents") to those rights of the City of Maple Ridge under the Covenant herein in the same manner and to the same extent and effect as if the Covenant herein had been dated, granted and registered prior to the Lender Documents. FIRST WEST CREDIT UNION By its authorized signatory: Name: -7 -