Agenda
Town of Gibsons
Regular Meeting of Council February 3rd, 2015 at 7:00 p.m.
Council Chambers Town Hall, 474 South Fletcher Road, Gibsons 604-886-2274 - www.gibsons.ca
Council
Mayor Wayne Rowe Councillor Stafford Lumley Councillor Charlene SanJenko Councillor Jeremy Valeriote Councillor Silas White
Culture & Green Housing & Climate Transportation Economic Governance Wellbeing Infrastructure LandUse & Energy Development & Engagement
Vision “We will be recognized as a vibrant, welcoming community with an outstanding quality of life and plentiful cultural and economic opportunities”
2013 - 2014 Strategic Objectives
ECONOMIC COMMUNICATIONS COMMUNITY PUBLIC FUTURE AND OUTREACH ASSETS SERVICE
Initiatives
» Complete Geoexchange Utility » Improve the Town’s website. » Complete Asset Management Plan. » Update internal procedure business plan. manuals and document » Update communications » Update water strategy. critical functions. » Hold Economic Development strategy. forum. » Review and update the Official » Refine records management » Distribute Citizen Satisfaction Community Plan. architecture. » Develop Community profile and Survey. fact sheet. » Complete Resource Recovery Plan. » Update Council procedure bylaw. » Attract a local food market to » Improve the Harbour Area Gibsons Landing. seawalk. » Improve forms and public materials. » Maximize Recreational Water » Improve Armours Beach. Lease potential. » Build pedestrian trail network. » Implement Molly’s Lane » Build key bicycle network links. improvements. » Develop foreshore protection strategy. » Revise Bylaw to allow Coach Houses. » Enhance Charman Creek. » Enhance Goosebird Creek. » Adopt renewable energy policies.
Visit www.gibsons.ca to access the complete 2013 - 2014 Strategic Plan. 604-886-2274 Regular Meeting of Council AGENDA OF Tuesday, February 3rd, 2015 Council Chambers, 7:00 p.m. 474 South Fletcher Road, Gibsons, B.C.
1. CALL TO ORDER
2. APPROVAL OF THE AGENDA
RECOMMENDATION THAT the Regular Business Agenda of February 3rd, 2015 be adopted.
3. ADOPTION OF MINUTES
3.1 Minutes of the Regular Meeting – January 20th, 2015 Page 1
RECOMMENDATION THAT the minutes of the Regular Meeting held January 20th, 2015 be adopted.
4. BUSINESS ARISING FROM THE MINUTES
5. PROCLAMATION
5.1 Darwin Day – February 12th, 2015
Joe Peters, Program Coordinator, Sunshine Coast Secular Humanist Association, will be in attendance to receive the Darwin Day proclamation.
6. DELEGATIONS
6.1 Celia Robben, President, Sunshine Coast Tourism Page 6 Regarding a request for funding for 2015 destination marketing activities from the Town of Gibsons and local governments; and to present the 2014 End of Year Update.
6.2 Dave Chisolm, 1st Gibsons Scouts Regarding a request to fly the Scout flag at the Town Hall from February 15th – 22nd, 2015.
7. INQUIRIES
8. COMMITTEE REPORTS
1 Regular Council Meeting Agenda – February 3rd, 2015
9. ADMINISTRATION REPORTS
9.1 Corporate Officer – AVICC Annual Conference Page 15
RECOMMENDATION(S)
THAT the Corporate Officer’s report regarding the Association of Vancouver Island and Coastal Communities annual conference be received;
AND THAT Council approve registration fees and travel expenses for those members wishing to attend.
10. INQUIRIES
11. CORRESPONDENCE
11.1 Don Alberg, Chair and Catherine Kennedy, Executive Director – BC Page 24 Communities in Bloom Regarding information about the BC Communities in Bloom Program
12. BYLAWS
12.1 Housing Agreement Bylaws Page 29
RECOMMENDATION THAT the staff report regarding the Housing Agreement Bylaws 1208, 2015 and 1209, 2015 be received.
12.2 Soames Place Housing Agreement Bylaw No. 1208, 2015 Page 31 A bylaw to secure arrangements between the Town and the developer regarding 2 affordable ownership units in the Soames Place development
RECOMMENDATION THAT “Soames Place Housing Agreement Bylaw No. 1208, 2015” be read a first and second time.
12.3 Parkland Housing Agreement Bylaw No. 1209, 2015 Page 62 A bylaw to secure arrangements between the Town and the developer regarding 5 affordable ownership units on lot 25 in the Parkland development
RECOMMENDATION THAT “Parkland Housing Agreement Bylaw No. 1209, 2015” be read a first and second time.
13. UNFINISHED BUSINESS
14. NEW BUSINESS
15. NOTICE OF MOTION
2 Regular Council Meeting Agenda – February 3rd, 2015
16. COUNCIL REPORTS
16.1 Councillor Silas White (written report attached – see page 96) 16.2 Mayor Wayne Rowe 16.3 Councillor Stafford Lumley 16.4 Councillor Charlene SanJenko 16.5 Councillor Jeremy Valeriote
16.6 Upcoming Sunshine Coast Regional District Dates
February 4th 9:00 a.m. Special Corporate and Administrative Services Committee (Budget) February 5th 9:00 a.m. Special Corporate and Administrative Services Committee (Budget) February 5th 1:30 p.m. Infrastructure Services Committee February 5th 1:45 p.m. RCMP Meeting February 10th 9:00 a.m. Special Corporate and Administrative Services Committee (Budget) February 12th 9:30 a.m. Planning and Development February 12th 2:00 p.m. Board & CAO Workshop February 12th 7:30 p.m. Regular Board
16.7 Upcoming Conferences, Workshops, Community Meeting Dates
February 17th 1:30 p.m. Committee-of-the-Whole Meeting February 17th 7:00 p.m. Regular Council Meeting March 3rd 1:30 p.m. Committee-of-the-Whole Meeting March 3rd 7:00 p.m. Regular Council Meeting
17. INQUIRIES
18. NEXT MEETING
The next Regular Meeting of Council to be held on Tuesday, February 17th, 2015 in the Town Hall Council Chamber at 7:00 p.m.
19. ADJOURNMENT
3 Regular Council MEETING MINUTES Tuesday, January 20th, 2015 Council Chambers, 7:00 p.m. Municipal Hall, 474 South Fletcher Road, Gibsons, B.C.
PRESENT: Mayor Wayne Rowe Councillor Charlene SanJenko Councillor Jeremy Valeriote
STAFF: Emanuel Machado, Chief Administrative Officer Selina Williams, Corporate Officer André Boel, Director of Planning
CALL TO ORDER
Mayor Rowe called the meeting to order at 7:01 p.m.
APPROVAL OF THE AGENDA
R2015-009 Regular Council Agenda – January 20th, 2015
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the Regular Business Agenda of January 20th, 2015 be adopted.
CARRIED
ADOPTION OF MINUTES
R2015-010 Regular Council Meeting – January 6th, 2015
MOVED by Councillor Valeriote SECONDED by Councillor SanJenko
THAT the minutes of the Regular Council meeting held January 6th, 2015 be adopted.
CARRIED
DELEGATIONS
Steven Olmstead, Sunshine Coast Regional District – Sunshine Coast Agricultural Area Plan
Steven Olmstead, General Manager of Planning & Development of the Sunshine Coast Regional District, was in attendance to provide an overview of the Sunshine Coast Agricultural Area Plan (Ag Plan), defining it as a local area plan that focuses on farming areas in the community.
Regular Council Agenda - February 3, 2015 1 Regular Council Meeting Minutes – Tuesday, January 20th, 2015 Page 2
Mr. Olmstead noted the following key points and goals of the plan:
Region-wide focus on agriculture-related decision making in Agricultural Land Reserve (ALR) as well as non-ALR farmland and adjacent areas Identifying practical solutions to issues associated with local farming Carry out inventory of existing agricultural activity on the Sunshine Coast Discover the strengths, challenges & opportunities for enhancing the local farming industry as an economic activity
Mayor Rowe thanked Mr. Olmstead for his presentation.
Donna McMahon, Executive Director, Chamber of Commerce – Quarterly Report
Donna McMahon, Executive Director of the Gibsons and District Chamber of Commerce, Bill Baker, Chamber Board Member, and Victoria Chapman, Manager of the Visitor Information Centre, were in attendance. Ms. McMahon provided an update on economic development related activities in Gibsons for the fourth quarter of 2014. Ms. Chapman presented a year end update on the activities of the Gibsons Visitor Information Centre.
Mayor Rowe thanked the delegates for their presentations.
INQUIRIES
Mayor Rowe provided an opportunity for public input.
COMMITTEE REPORTS
R2015-011 Committee-of-the-Whole Meeting – January 6th, 2015
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the minutes of the Committee-of-the-Whole Meeting held January 6th, 2015 be received.
CARRIED
R2015-012 Council Procedure Bylaw Review
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the Corporate Officer review the procedure bylaw and report to a future Committee meeting with an analysis of the existing clauses in relation to what is mandatory vs optional with a view to making the bylaw more concise and accessible;
AND THAT the report comment on the changes suggested in Councillor White's submission.
CARRIED
Regular Council Agenda - February 3, 2015 2 Regular Council Meeting Minutes – Tuesday, January 20th, 2015 Page 3
INQUIRIES
Mayor Rowe provided an opportunity for public input.
BYLAWS
Council provided an opportunity for those present who feel affected by the bylaw to make a presentation at this meeting.
R2015-013 Seamount Way Closure Bylaw
MOVED by Councillor Valeriote SECONDED by Councillor SanJenko
THAT the staff report regarding “Seamount Way Road Closure and Disposition Bylaw 1206, 2014” next steps be received;
AND THAT the Mayor and Corporate Officer be authorized to enter into encroachment and easement agreements to allow for a temporary continued use of the new road dedication by the owner of 1016 Seamount Way.
CARRIED
R2015-014 Bylaw 1206, 2014
MOVED by Councillor Valeriote SECONDED by Councillor SanJenko
THAT “Seamount Way Closure and Disposition Bylaw No. 1206, 2014” be adopted.
CARRIED
COUNCIL REPORTS
Council members took the opportunity to report on their activities since the last regular meeting.
INQUIRIES
Mayor Rowe provided an opportunity for public.
NEXT MEETING
The next Regular Meeting of Council is to be held on Tuesday, February 3rd, 2015 in the Town Hall Council Chamber at 7:00 p.m.
Regular Council Agenda - February 3, 2015 3 Regular Council Meeting Minutes – Tuesday, January 20th, 2015 Page 4
R2015-015 MOTION TO CLOSE
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the Regular Meeting of Council be closed to the public at 7:52 p.m. in accordance with section 90(1) (a) of the Community Charter:
(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality.
CARRIED
R2015-016 MOTION TO RE-OPEN TO THE PUBLIC
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the meeting be reopened to the public.
CARRIED
R2015-017 Appointments – Board of Variance
MOVED by Councillor Valeriote SECONDED by Councillor SanJenko
THAT the Director of Planning’s report regarding appointments to the Board of Variance be received;
AND THAT Howard Leung, Amanda Amaral and Bob Urquhart be appointed to the Board of Variance for a three year term ending December 31, 2017.
CARRIED
R2015-018 Appointments – Advisory Planning Commission
MOVED by Councillor SanJenko SECONDED by Councillor Valeriote
THAT the Corporate Officer’s report regarding appointments to the Advisory Planning Commission be received;
AND THAT Kirsten Rawkins, Gerry Zipursky and Howard Leung be appointed to the Advisory Planning Commission for a two year term ending December 31, 2015;
AND FURTHER THAT Council approves the Commission’s recommendation to appoint Pam Robertson as Chair of the Advisory Planning Commission for the 2015 calendar year.
CARRIED
Regular Council Agenda - February 3, 2015 4 Regular Council Meeting Minutes – Tuesday, January 20th, 2015 Page 5
R2015-019 ADJOURNMENT
MOVED by Councillor Valeriote SECONDED by Councillor SanJenko
THAT the meeting be adjourned at 8:30 p.m.
CARRIED
Wayne Rowe, Mayor Selina Williams, Corporate Officer
Regular Council Agenda - February 3, 2015 5
Sunshine Coast Tourism Box 1883 Gibsons, BC V0N 1V0 Phone: 1-866-941-3883 Email: [email protected]
Mayor Wayne Rowe Ian Poole, Director of Finance Town of Gibsons Box 340 Gibsons BC V0N 1V0
January 6, 2015
Dear Mayor Rowe and Ian,
Sunshine Coast Tourism is requesting funding for 2015 in the amount of $7,200 for destination marketing activities from the Town of Gibsons. Since this is a shared resource across the entire Sunshine Coast, we will also be approaching the District of Sechelt, the Sunshine Coast Regional District and the Sechelt Indian Government District. The total request for funding from the 4 local governments would be $43,000. This is the same amount as 2014.
Sunshine Coast Tourism has a strong membership base which contributes a similar funding amount via annual dues and cooperative marketing projects. SCT will continue to seek funding from the provincial Community Tourism Opportunities fund which has provided $20,000-25,000 each year of 50/50 matching grant funds. The program is changing this year with the elimination of Vancouver, Coast & Mountains Tourism Region and we await more details from Destination BC.
Our board is committed to and are proceeding with the application process for the 2% Municipal and Regional District Tax to be applied regionally to the entire Sunshine Coast. Discussions with the accommodation sector are underway to meet the requirements of the application. We will be in touch when it is time for a letter of recommendation from Mayor and Council.
Sincerely,
Celia Robben President, Sunshine Coast Tourism 604-886-1940 Email: [email protected]
Regular Council Agenda - February 3, 2015 6
Sunshine Coast Tourism 2014 End of Year Update December 22, 2014
To: Nicholas Simons, City of Powell River, District of Sechelt, Town of Gibsons, Powell River Regional District, Sunshine Coast Regional District, shíshálh Nation, Skwxwù7mesh Nation, and Tla’amin Nation
Please accept this report as a summary of Sunshine Coast Tourism’s activities in 2014. Sunshine Coast Tourism (SCT) is the official Destination Marketing Organization for the Sunshine Coast. It is a non-profit society representing the tourism industry from Desolation Sound to Howe Sound. It is funded through a public-private partnership of local governments, provincial grants, and industry.
Mission Sunshine Coast Tourism’s mission is to build a strong tourism economy on the Sunshine Coast consistent with the values of residents. Sunshine Coast Tourism will: Promote the Sunshine Coast to leisure and business travelers as a year-round destination in targeted markets through a strategic, research-based marketing strategy Facilitate the continuing evolution of the destination Increase awareness of the value, contribution, and importance of tourism among the government, population, and businesses on the Sunshine Coast.
Position the Destination based on our Unique Selling Propositions Unique Selling Propositions – qualities and products that set the Sunshine Coast region apart from other regions such as Victoria, the Okanagan, or Whistler
Three Unique Selling Propositions have been defined and considerable effort made so that all marketing and media relations efforts tie back to those three points. 1. A string of rural, ocean-side communities a. This is not a metropolitan area. Slow down & escape from the city. b. There are many communities to explore, each with their own character. c. The Pacific Ocean is here on our doorstep alongside stunning scenery 2. Outdoor Adventure a. Super Natural British Columbia is our attraction, not a supermall or a structured venue b. Hike, bike, sail, paddle, golf, dive, swim, climb, ski, ride...your adventure starts here surrounded in natural beauty c. A partnership of land and water activities and natural attractions 3. Arts, Culture & Heritage a. Home to three First Nations who have a remarkable story to tell & continue to develop b. Historic Townsite – national heritage district as well as our forestry and fishing heritage c. An amazing concentration of artists in all genres who live and work and are inspired by place d. Festivals and events celebrating a range of interests all year long
Regular Council Agenda - February 3, 2015 7
MARKETING CAMPAIGNS
One of our goals for the year was to increase our website traffic by delivering relevant information and featuring authentic Sunshine Coast experiences. We wanted to engage travelers in conversation via Facebook, Twitter, and launch our new presence on Instagram. #52weeksoftrails became our 2014 theme featuring weekly blog posts supported by social media. 52 trails were featured including hiking, biking, snowshoeing, skiing and paddling. Our #52weeksoftrails blog posts received more than 8,600 page views. We’ve added 1,000 Instagram followers with more than 8,000 interactions.
Traffic to www.sunshinecoastcanada.com is up by 34% at over 112,000 visits this year. Improving content is an ongoing project, with this year focused on showcasing activities and the members that provide those services. Social media channels are tools for engaging with a wider audience. Both Facebook and Twitter audiences have increased by 12% and are nearing 5,000 followers each. Both tools are used daily to interact with travellers by featuring festivals and events, members, and fabulous scenery. A picture (and even more a video) really are worth a thousand words.
March-June efforts focus on a strong push for spring travel and generating early summer reservations. We spoke directly to active travelers by attending three consumer trade shows in March 2014: Vancouver Outdoor Adventure & Travel Show, Calgary Outdoor Adventure & Travel Show, and the Saskatoon Sports & Leisure Show. Each show had attendance of 15,000-20,000 consumers. We leveraged the #52weeksoftrails theme by distributing the postcard above which highlighted a spring and summer calendar of outdoor events on the back.
Regular Council Agenda - February 3, 2015 8 Trade shows offer a unique opportunity to gather consumer contact information. We offered a prize which included a Sunshine Coast adventure package and in turn, collected additional emails which were added to our consumer database. We send seasonal updates to these consumers featuring Sunshine Coast events, getaway packages, and reasons to visit.
New collateral for the show included our tear-off maps showcasing major parks and trails. 10,000 maps were printed which means we will also be using these for trade shows in 2015.
These tear-off maps have also been available in Sunshine Coast Visitor Centres all year.
Part of every trade show is introducing consumers to where the Sunshine Coast is located. Our booth featured new Sunshine Coast display maps which utilized a back it LED display helping them to stand out in a crowded environment.
For the past few years, we have worked hard to collect compelling images of the region for use online and in print advertising. This year, we wanted to expand our video resources. Our marquis video is an image rich overview of the scenic Sunshine Coast and its communities. This version is targeted toward the Alberta market highlighting our mild climate and ocean landscape. It has more than 11,000 views on YouTube. For 2015, we plan to substitute the snowy introduction with a Vancouver stalled traffic commute for a BC audience. https://www.youtube.com/user/SunshineCoastTrsm
Regular Council Agenda - February 3, 2015 9
Cooperative Marketing On Board Magazine – BC Ferries
Cooperative marketing allows individual members to invest with SCT in varous projects. This is an example where SCT places a 2-page magazine feature and individual members have the option to feature their specific product within the broader message. This allows the smaller ad to have greater impact that if the business purchased a small ad themselves.
The Province – May long weekend
VCM also creates cooperative print opportunities which SCT can choose to participate. This ad was in a wider Vancouver, Coast & Mountains section just ahead of the May long weekend
Regular Council Agenda - February 3, 2015 10 VCM Experience Guides
VCM distributes 75,000 experience guides in visitor centres around BC, AB, and WA. They are also available at many consumer trade shows and via mail request through Destination BC.
It is an important way to showcase the Sunshine Coast alongside other regions to travellers specifically interested in travelling to Vancouver.
Our Fall Marketing Campaign turned attention to the many arts & cultural events held in September and October. This is one of a few ads used during this shoulder season campaign.
Festivals and events fill the Sunshine Coast calendar. To highlight these visitor draws, we ran full page ads in three issues of BC Musician Magazine with distribution across BC and Alberta. This print advertising was complemented by online leaderboards on http://www.bcmusicianmag.com/.
Marketing and online activities are coordinated by Paul Kamon and Annie Schroeder.
MEDIA RELATIONS
Our proactive media relation strategy encourages journalists to visit and have a rich Sunshine Coast experience and to then share with their readers. More than 80 articles featured the Sunshine Coast in newspapers, magazines, television and blogs. SCT members contribute accommodation, dining and recreational experiences as examples of what the region has to offer. If you want to follow future articles as they appear, follow us on Facebook or Twitter.
SCT opened 2014 by hosting three journalists from BC & Alberta for a winter getaway highlighting Dakota Ridge and shoulder season travel. Mike’s Bloggity Blog – Travel: The Long Lost Art of Relaxation on BC’s Sunshine Coast BC Living – 7 Reasons to Visit the Sunshine Coast in Winter Vancouver Courier - Ten “S’s” of the Sunshine Coast
Regular Council Agenda - February 3, 2015 11 Vancouver Courier – This Green House a Sunshine Coast Experience Mike’s Bloggity Blog – Three BC Hotels with Big Surprises!
Media visits or simply pitching journalists in Vancouver and Vancouver Island can be very helpful for highlighting upcoming festivals and events or featuring specials and packages from our members. Vancouver Observer – Powell River Film Festival Georgia Straight – Good Hotel Deals Abound for Victoria, Harrison, Sunshine Coast, Whistler Vancouver Sun – Spring Break: Top 10 Excursions for your Family to Enjoy Georgia Straight – Leap into Summer Vacation with these BC Getaways Vancity Buzz – Synchronicity Festival: Arts in the Woods on the Sunshine Coast Vancity Buzz – Chasing Orca Whales & Nature on the Sunshine Coast Vancity Buzz – Synchronicity Festival Recap Vancity Buzz – 5 Weekend Ideas for the Sunshine Coast
Other journalists are chosen to speak to specific market segments including family travel and young professionals. Family Fun Canada – Parent’s Adventure on BC’s Sunshine Coast Family Fun Canada – 3 Dazzling Resorts on BC’s Sunshine Coast Trip Styler – Roam+Board: Painted Boat Resort Stylerun – Sunshine Coast: Bring on the Beautiful Jim Byers Travel – Fantastic Boating, Fabulous Food & Lots More
Some stories appear many months after the original visit. These stories all resulted from 2013 media visits. Georgia Straight – Water Leads to Wilderness at Tiny Egmont on the Sunshine Coast Hello BC – Visit Powell River for Craft Beer, History & More Out Magazine – Honeymoon in Paradise: Vancouver MotorHome Magazine – British Columbia’s ‘Secret’ Sunshine Coast
Mountain biking is an important ongoing storyline. APTN underEXPOSED – Episode 2: The Coastal Crew APTN underEXPOSED – Episode 205: Dig BikePirate – The Chain Gang of Powell River Pink Bike – BC Bike Race Day 3: Powell River: Oh Canada! Freehub Magazine – BC Bike Race Day 3, Day 4, Day 5 Bike Pirate – One Day in Paradise: Sprockids & Robert’s Creek Pink Bike – Fall Time Living at Coast Gravity Park
Other high value articles with wider distribution Westworld – Take A Hike Calgary Herald – Sunshine Coast’s Charm Irresistible Investment for Albertans Orange County Register – A Canada We Don’t Know The Oregonian – Gibsons, Seaside Village on BC Sunshine Coast, Worth the Side Trip Northwest Travel Magazine – Epic Motorcycle Tours The Province – Top 5 Great BC Wedding Venues SCT media relations activities are coordinated by Andrea Wickham-Foxwell, Communications Director.
Regular Council Agenda - February 3, 2015 12 Promote and develop product and experiences
Significant progress has been made in recent years with the following assets coming into their own as prime visitor attractions: Sunshine Coast Trail – Canada’s longest hut to hut hiking trail Powell River Historic Townsite – national historic district seeing great rejuvenation & investment Dakota Ridge Winter Recreation Area – new trail opened 2014 resulting in 20km groomed ski trails and 7km marked snowshoe trails Sunshine Coast Botanical Garden – new garden features in the works and regular programming Powell Forest Canoe Route – improved infrastructure 2012/13; 57km route covering 8 lakes and 5 portages
The mountain bike scene is exploding with the addition of Coast Gravity Park and more and more trail signage around existing public networks. SCT has partnered with Mountain Bike BC to feature the Coast as a premier riding destination. SCT is actively working with trail societies at each end of the Coast to encourage signage, maps, and publicity to encourage visitors to access more recreational opportunities.
Craft Beer and Wine are a trend across the Pacific Northwest and the Coast is no exception. SCT will work with each of these new companies to feature these travel experiences. These experiences can be leveraged by an agritourism sector whom SCT seeks to partner with as the area agriculture plan is implemented. SCT currently features all of the regions’ farmers’ markets and looks forward to the development of the Gibsons Public Market and plans in Historic Townsite.
SCT is always happy to provide a letter of support for grant applications and to sit on various committees. Committee support was given to Dakota Ridge Advisory Committee, Gibsons Economic Development Select Committee, and the Regional Trails Strategy Committees in both halves of the region. Letters of support were provided to the Gibsons Landing Jazz Festival, One Straw, Sunshine Coast Trails Society and the SCRD’s Marine Drive Bikeway Project this year.
Provide leadership to the industry
SCT’s Marketing Director, Paul Kamon, became a founding board member of the BC Ocean Boating Tourism Association. This initiative seeks to unite provincial stakeholders in large-scale marketing and product development activities around the recreational boating sector. Paul has also been chosen to participate in a Destination BC marketing sub-committee providing recommendations for ways Destination BC funds can be leveraged with private and public sector tourism and marketing funds. Three of SCT’s board members also serve as Vancouver, Coast & Mountains Tourism Region board members.
SCT partnered with Open Door Group and Sechelt Innovations LTD to host a Career/Job Fair in Sechelt in March. 100 job seekers attended the event visiting with 13 local employers and post-secondary educational programs. One candidate signed an employment contract at the event and multiple employers said they would be arranging formal interviews.
SCT represents businesses and organizations across the tourism spectrum. The Sunshine Coast Bed and Breakfast Cottage Owners Association was a charter member of SCT. As the industry as changed and as SCT has developed over the years, the need for two separate organizations lessened. As such, SCBBCOA
Regular Council Agenda - February 3, 2015 13 voted this fall to dissolve its society and instead recommend that its businesses become direct members of SCT. It will also gift its remaining assets to SCT as an investment in cooperative marketing. This includes an online accommodation reservation system which SCT hopes to expand to include all types of accommodations in the region.
SCT hosted an Online Reputation Management workshop, facilitated by Destination BC as a pre-event to this year’s AGM. Sunshine Coast businesses learned how to interact with customers online, specifically through travel review sites such as TripAdvisor and Yelp but also Twitter, Facebook and Instagram.
Organizational restructuring and funding Destination BC has announced that it will no longer fund Vancouver, Coast & Mountains as a tourism region as of March 31, 2015. This will have major impact on the Sunshine Coast. SCT would not exist without the efforts of VCM which provided funding and expertise to help launch the organization a few years ago. VCM staff provided expertise and larger projects in activities including marketing, media relations and travel trade. Discussions are still underway, but we are hopeful that Destination BC will assign specific staff members to support the communities of the VCM region. Changes to traditional provincial cooperative funding projects are coming for the 2015 fiscal year. This causes SCT to be apprehensive of what provincial grants might be available to stretch our marketing dollars.
On the other hand, Destination BC has launched a new three year marketing strategy which is quite promising. The Sunshine Coast has strong product fits within some of Destination BC’s key focus areas. 2015 will be a year of a changing tourism landscape in BC and SCT will need to build new relationships and structure itself accordingly. It is more important than ever that SCT finds sustainable funding and therefore will pursue bringing the provincial additional hotel tax to the region, as so many other BC communities have. More information will be available in early 2015.
Thank you for supporting Sunshine Coast Tourism and the tourism sector. If you would like to have a discussion at one of your committee meetings, we would welcome the opportunity for dialogue.
Respectfully submitted,
Celia Robben President, Sunshine Coast Tourism On behalf of the Board of Directors
Regular Council Agenda - February 3, 2015 14 T E
TO: Council MEETING DATE: February 3, 2015
FROM: Selina Williams, Corporate Officer FILE NO: 0630-40
SUBJECT: AVICC Annual Conference
RECOMMENDATION(S)
THAT the Corporate Officer's report regarding the Association of Vancouver Island and Coastal Communities annual conference be received;
AND THAT Council approve registration fees and travel expenses for those members wishing to attend.
BACKGROUND/PURPOSE
The Association of Vancouver Island and Coastal Communities (AVICC) is a body formed for the purpose of representing, in one organization, the various municipalities, regional districts and other local governments of Vancouver Island, Sunshine Coast, Powell River and the Central Coast.
As a member of AVICC, members of Council are invited to attend the 2015 Annual Conference in th th Courtenay, BC on April 10 to 12 , 2015.
DISCUSSION
The 2015 Conference brochure is attached for your reference. In accordance with Council's Travel Expense Reimbursement Policy, a resolution of Council is required to authorize reimbursement for those members wishing to attend.
Respectfully Submitted,
Regular Council Agenda - February 3, 2015 15 Report to Council regarding the 2015 AVICC Annual Conference 2
CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:
I have reviewed the report and support the recommendation(s).
Emanuel Machado ~ Chief Administrative Officer
Regular Council Agenda - February 3, 2015 16 Association of Vancouver Island And Coastal Communities 2015 AGM & CONVENTION Courtenay, BC April 10-12, 2015
The City of Courtenay is this year’s host community. Courtenay successfully hosted AVICC 2015 Program in brief Conventions in 1995 and 2005. This year local planners have been working diligently to provide delegates, sponsors and exhibitors with yet another memorable mid-island Convention experience. Friday, April 10, 2015 8:45 am Pre-Conference Study Tour In 2015, the City of Courtenay will be celebrating its centennial year with Homecoming 1:45 pm Official Opening, Keynote Week set for June 26-July 5 and a series of signature events planned throughout the Address, Provincial year highlighting the past, celebrating the present and inspiring the community’s future Representative Address, with AVICC Life Member Ron Webber chairing the Centennial Celebration Planning Presentation Committee. 5:30 pm Welcome Reception The AGM & Convention will be held in the Florence Filberg Centre with receptions being held in the historic Native Sons Hall and the Courtney and District Museum & Saturday, April 11, 2015 Palaeontology Centre. 7:30 am Networking or Working Keynote Speaker Breakfast Presentation Tonia S. Winchester 8:00 am Elections for Table Officers Deputy Campaign Director 8:30 am UBCM President’s Address Washington State Initiative 502 and Resolutions Marijuana legalization is an important topic facing Noon Delegates Luncheon Vancouver Island and its surrounding communities. 1:30 pm Concurrent Workshop With Washington state just across the border Sessions implementing a state-wide recreational marijuana 2:30 pm Elections for Director at Large system and the launch of the MMPR, Canada’s nationwide medical marijuana mail-to-order 6:15 pm Reception program, the issue is even more pressing. What are 7:30 pm Dinner & Entertainment the challenges of implementing full legalization, and how should communities start addressing the topic? What worked in Washington State, and how does Sunday, April 12, 2015 the current system in Canada actually operate? Tonia will provide an overview of the 7:30 am Networking Hot Breakfast Washington state campaign, the current MMPR model, and will answer your questions 8:30 am Resolutions & Late about what your community needs to be thinking about as you approach the Canadian Resolutions, Elections for EA federal elections this year. Representative, Address by the Leader of the Opposition, Tonia is a former Seattle Prosecutor who worked as Deputy Campaign Director, Closing Session, Installation of Washington State Initiative 502 that successfully legalized marijuana in Washington State New Executive & Grand Prize by a 56-44 margin in November of 2012. Her role included forging alliances and getting Award endorsements from many groups traditionally seen as hostile to marijuana reform, as 12 noon Adjournment well as speaking across the state advocating for a new approach to Washington State’s marijuana laws.
Most recently Tonia led the initial operational team that established and managed the Tilray medical marijuana production facility in Nanaimo, British Columbia - one of the largest medical marijuana production facilities in all of Canada. Tonia continues to speak across both the US and Canada advocating for the responsible and regulated legalization of cannabis, as well as working to help ethical and progressive businesses get established within the cannabis industry.
Tonia received her B.A. from the University of Washington and graduated cum laude from SeattleRegular University CouncilSchool of Law. Agenda - February 3, 2015 17 Page 1 of 7 •2015 AVICC• • • • • • • • • AGM & CONVENTION • • • •Courtenay, • • BC FRIDAY MORNING April 10-12, 2015 PRE-CONFERENCE PROGRAM Building Cultural Bridges: Reconciliation in Action 8:30 am – Noon, Friday, April 10, 2015 Cost: $35 Facilitated by naasʔałuk (John Rampanen). John’s heritage stems from the Ahousaht First Nation in traditional Nuu- chah-nulth territory. Through his collection of historical accounts, language and cultural practices across Vancouver Island he has developed an experiential workshop that provides an in-depth and intrinsic approach that explores the rich and diverse cultures, values and beliefs of the First Peoples of this island.
This is a half-day exploration of the history, current status and opportunities for local First Nations. In addition, this workshop will provide an opportunity for participants to explore, design and initiate meaningful cross-cultural dialogue and identify key common ground issues, opportunities for collaboration and respectful relationship building practices.
This workshop is ideal for delegates whose local governments or organizations are working alongside First Nations and/or are interested in enhancing relations and nurturing opportunities and potential within cross-cultural collaborations and decision-making.
Study Tour of the North Island Hospitals Project and the Vancouver Island Visitor Centre 8:30-11:30 am, Friday, April 10, 2015 Cost: $15 The $606.2M North Island Hospitals Project (NIHP) is the largest project that Island Health (VIHA) has undertaken to date. This Public-Private Partnership approach will provide new and expanded infrastructure that will ensure enhanced quality and safety, greater efficiency, flexibility, adaptability, and maximum recruitment and retention potential for Island Health. The NIH Project is responsible for the building of a new $331.7 million, 153-bed Comox Valley Hospital and a new $274.5 million, 95-bed Campbell River Hospital, both slated for completion in late 2017.
Along with major innovations in building design and technology, the project is also unique in the efforts placed on community consultation and information sharing through quarterly community information sessions, the formation of a Public-Patient Advisory Committee, an Aboriginal Working Group, and design team consultation with clinical user groups. NIHP has been recognized by the Canadian Council for Public-Private Partnerships for innovation and excellence in public-private partnerships receiving the Silver Award for Infrastructure Sustainability. Nearly 90% of the total employment on both sites to date is from Vancouver Island.
Chief Project Officer Tom Sparrow will provide delegates with personal insight and lessons learned showcasing some of the unique demands placed on the municipalities and outline the processes to assist municipal leaders and staff with regards to effectively managing those demands when large infrastructure projects of this scope and magnitude are introduced into their communities. The delegates will be able to watch construction taking place at the Comox Valley Hospital site from the safety of their tour bus and see/speak directly with clinical and technical project team representatives about key clinical rooms that are in the final stages of design.
Since opening in 2011, the Vancouver Island Visitor Centre in the Comox Valley has been welcoming locals and visitors alike. Delegates will tour the award-winning facility and exhibits.
See www.avicc.ca for an expanded program description.
Regular Council Agenda - February 3, 2015 18 Page 2 of 7 2015 AVICC AGM & CONVENTION Courtenay, BC April 10-12, 2015 Convention PROGRAM The Program Format resolutions Based on a successful tradition, the 2015 program will integrate the regular business of the annual general meeting, debate on resolutions and holding of elections with a UBCM urges members to submit resolutions variety of presentations and workshops on topical issues, addresses by key political first to Area Associations for consideration. speakers and opportunities for networking. Resolutions received prior to the February 23, 2015 deadline will be A draft of the detailed program is expected to be available by mid-February on AVICC.ca. processed and included in the Annual Report In order to accommodate emergent issues the program does not become final until just and Resolutions book that will be mailed to prior to the AGM & Convention. members in late-March. See www.AVICC.ca for more information. Some program highlights that have been confirmed include: Late Resolutions: Why Municipal Support is Necessary: Building Strong CommunitiesT hrough Affordable Resolutions received after the deadline are Housing considered “late” but will be accepted by With greater proportions of our population living in core housing need (221,470 of the Executive Coordinator up until noon, British Columbia households in Core Housing Need in 2006 and 23% of all British Wednesday, April 8, 2015. Columbia households are paying more than 50% of their income on rent in 2014), compounded by limited funds and shrinking federal government support for housing, Members are reminded that, to be admitted non-profit organizations are experiencing increased pressure to service our vulnerable for debate, a late resolution must be deemed sector with inadequate support. This session is a push for action by local governments to be of an urgent or emergency nature and to positively utilize their planning power to advance affordable housing initiatives. This should address an issue that has arisen after session will provide an overview of why effective collaboration between municipal the February 23 deadline date. governments and non-profits is necessary, and will highlight specific ways municipal governments can support non-profits in developing affordable housing. The Resolutions Committee will review all Presenters: Kevin Albers, CEO and Kaela Schramm, Director of Projects and Planning, late resolutions and prepare a report to the M’akola Development Services Convention including a recommendation as to whether the resolution meets the criteria Wastewater Treatment/Resource Recovery Advances and should be admitted for debate. An advanced wastewater treatment facility, Sechelt’s Water Recource Centre (WRC) is designed to process wastewater into dewatered biosolids suitable for composting and high quality effluent water suitable for a wide range of reuses. State of the art technology and innovation in design reduce both pollutant discharge and operating Reminder costs. With noise and odour minimization, a compact footprint and appealing design, the Resolutions and Nominations WRC is integrated into a park space that complements the adjacent nature reserve and Deadline residential community. Removal of hormones and pharmaceuticals from effluent water February 23, 2015 using biochar made from the biosolids is slated to be tested at the WRC in 2015. Presenter: Paul Nash, Project Coordinator, Sechelt Water Resource Centre See www.AVICC.ca for submission requirements and nomination forms. Planning for Island-wide Intermodal Transportation Whether the focus is rapid transit in Greater Victoria, container shipping in Nanaimo, LNG in Port Alberni, passenger/cargo rail, export capacity, BC Ferry schedules, new road proposals, airport expansions, public transit efficiencies, foot passenger ferries, peak session shipping capacity, or barging solid waste, it is time for a comprehensive intermodal transportation plan to turn what is widely viewed as an ‘Island liability’ into an economic advantage. Our panel of experts will engage your ideas as we work toward a prioritized plan to improve connectiveness, efficiency and accessibility.
Regular Council Agenda - February 3, 2015 19 Page 3 of 7 2015 AVICC AGM & CONVENTION Courtenay, BC April 10-12, 2015 Convention PROGRAM Open Space Workshop Elections Open Space is an interactive opportunity for conference participants to seize control of the agenda and talk about the topics that matter to you - so come armed with ideas, The membership elects directors during the questions, and an open mind, and follow the law of two feet: If you find yourself in a AGM & Convention to ensure the directions situation where you are not contributing or learning, move somewhere where you can.” set by the general membership are carried Facilitator: AVICC Director and Port Hardy Councillor Jessie Hemphill forward. The Executive also provides direction to AVICC between Conventions. Other sessions under development include: • Future of Coastal Ferry Services The following positions are open for • Converting Waste to Energy Information Session nomination: • UBCM Resolutions Process • President • First Vice-President Political Speakers • Second Vice-President Invitations have been extended to Premier Christy Clark; Leader of the Official • Director at Large (3 positions) Opposition Mr. John Horgan; Community, Sport and Cultural Development Minister • Electoral Area Representative Coralee Oakes and UBCM President, Burnaby Councillor Sav Dhaliwal. To be included in The Report on Nominations, Working Breakfast Session nominations must be received by February 23, 2015. Regulation of Forest Management Activities on Private Managed Forest Land The Managed Forest Council will discuss its role as the regulator of forest management For further information on the elections practices on private managed forest land. The session will provide delegates with specific process or to submit a nomination, please knowledge on the Managed Forest Program, its provincial mandate and the effectiveness contact: of its professional reliance model in protecting five key resource areas on private managed forest land. The presentation is designed to answer questions elected officials Past President Joe Stanhope may have around Council regulatory standards and how an owner’s performance around Chair, 2015 Nominating Committee these standards are evaluated through its ongoing inspection and investigation program. c/o AVICC, 525 Government Street Victoria, BC V8V 0A8 Presenter: Rod Davis, Chair, Managed Forest Council Fax: 250-356-5119 EM: [email protected] or visit our website at www.AVICC.ca
Regular Council Agenda - February 3, 2015 20 Page 4 of 7 2015 AVICC AGM & CONVENTION Courtenay, BC NETWORKING AND April 10-12, 2015 SOCIAL ACTIVITIES Providing delegates with the opportunity to connect with colleagues and develop new Thank you to Our 2015 Sponsors relationships are key program objectives. In addition to breakfasts both Saturday and The AVICC AGM & Convention benefits from Sunday morning, morning and afternoon refreshment breaks and Saturday’s Delegates the significant ontributionsc of our sponsors Lunch, two networking and social highlights of the 2015 AGM & Convention will be the – some who have been sponsoring this Friday evening Welcome Reception and the Saturday evening Annual Banquet. event for many years. 2015 Welcome Reception FortisBC The Welcome Reception will be held from 5:30-7:30 pm Friday evening in the Delegate Luncheon historic Native Sons Hall, the largest free span log building in Canada. Built in 1928 BC Hydro as Courtenay’s original recreation centre, it was renovated in 2010. The annual Mini Delegate Gift Marketplace and Tradeshow will be open for delegates to peruse while enjoying BC Lottery Corporation delectable hors d’oeuvres and beverages served by Tria Fine Catering. Annual Banquet Entertainment Vancouver Island University Annual Banquet Welcome Reception The pre-banquet reception will be held in the Courtney and District Museum & Municipal Finance Authority Palaeontology Centre, a short distance from the Florence Filberg Centre. The banquet Gold Level General Sponsor itself will be in the main Conference Hall of the Filberg Centre and will feature a Municipal Insurance Association thoughtful menu created and prepared by Tria Fine Catering with seasonal ingredients and sourced from local growers and producers. Sunday Morning Hot Breakfast BC Assessment Silver Level General Sponsor Executive is delighted that singer, songwriter ICBC and comedian John Reynolds will be singing and Saturday Morning Breakfast storytelling for delegates at the 2015 Convention Island Health Annual Banquet. Reynolds was born in Belfast Annual Banquet Reception Northern Ireland and worked with the Irish Rovers Association for Mineral Exploration BC/ for over 20 years. He has been nominated for two Geoscience BC Canadian Academy of Recording Arts Awards and is Annual Banquet Wine Co-Sponsors a producer and performer of many radio jingles. He Western Forest Products has numerous appearances on radio and television including on CTV’s The Rita McNeil Show and Madly Bronze General Sponsor Off In All Directions, and on two PBS specials. Shaw Communications Partner Programs John Reynolds KPMG Friday Afternoon Refreshment Break Private Forest Landowners Association Also performing is 16 year old Keisja Cox, an Saturday Morning Refreshment Break accomplished singer/songwriter from the BC Ferries Comox Valley. Keisja is a passionate anti bullying Grand Prize Award advocate and a thought provoking motivational Lorena P.D. Staples Law Corporation speaker on youth supporting youth. Parliamentary Services
Sponsors are thanked for their generosity. Keisja Cox Mini Marketplace/Tradeshow Delegates will look forward to various As in past years, AVICC will host a small tradeshow. Many of our sponsors will be staffing opportunities provided by the AGM information booths. The tradeshow will be open during the Friday evening Welcome & Convention to learn about your Reception, the Saturday morning breakfast and in conjunction with the Saturday organization’s new programs or services and luncheon dessert and coffee time. plans for the future. Regular Council Agenda - February 3, 2015 21 Page 5 of 7 2015 AVICC AGM & CONVENTION Courtenay, BC April 10-12, 2015 ACTIVITIES FOR PARTNERS Partners and other guests are encouraged to accompany delegates. In addition to joining optional activities delegates for the Friday Welcome Reception and the Saturday Reception and Banquet, the City of Courtenay is offering two special tours for partners.
The City of Courtenay and neighboring Historic Walking Tour of Cumberland Village communities offer a host of activities Friday, April 10 - 2:15 - 4:15 pm including golfing, hiking, mountain biking, Cost: $25 per person walking tours, fossil-hunting and exploring spectacular gardens. Once Canada’s smallest and westernmost city, the Village of Cumberland has a rich history as a coal-mining town. See http://www.discovercomoxvalley.com The Village Walking Tour offers a lively and engaging tour filled with facts, rumours, for information on where to explore, eat, tragedies and tales from Cumberland’s colourful history. From the great fires and the play and special offers. Delegates and their great strikes, to lavish garden parties, wartime injustices and small pox isolation houses, guests may want to consider coming early the Village Walking Tour gives a lively glimpse into the unique history and folklore of the or staying on after the Convention to take Village. Ambassador Tours will transport participants from the Florence Filberg Centre to advantage of the varied offerings. Cumberland, a short 13 minute drive from downtown Courtenay.
Comox Valley Wine Tour and Lunch Saturday, April 11 - 10:30 am to 4:00 pm Maximum Participants: 35 Cost: $50 per person Sit back, relax and let Ambassador Tours take care of all the details! They will take you on a leisurely visit to four of the Comox Valley’s finest wineries in comfort and luxury: • Beaufort Winery - Beaufort wines are carefully handcrafted to produce consistent, high quality, award winning wines from grapes grown on the Beaufort Estate and other BC family-owned vineyards. Participants will enjoy sampling their handcrafted wines while enjoying spectacular views of the Beaufort Mountains. • Blue Moon Winery - Located on a quaint organic blueberry farm, Blue Moon crafts their wine from 100% BC organic fruit, picked at the peak of the harvest. • Coastal Black Estate Winery - The award winning 800 acre estate fruit winery is a family farm, made up of four generations living and working together to produce product of the highest standard, whether it be wine, fresh market fruit, or raw honey. • 40 Knots Winery - The name is inspired by the wind and seaside atmosphere, complete with salty air, sea lions, eagles, and playful swallows. The unique windswept environment at 40 Knots results in a drier leaf canopy, which creates an ideal growing environment for vines when combined with plentiful sunshine and warm days. Delegates must pre-register using the conference registration form. Tours will proceed rain or shine. Please bring an umbrella and raincoat if the weather is inclement.
Regular Council Agenda - February 3, 2015 22 Page 6 of 7 2015 AVICC AGM & CONVENTION Courtenay, BC April 10-12, 2015 Logistics Accommodations host community Three hotels have been identified as the main accommodation providers for Convention delegates. Visit www.avicc.ca for rates and booking information.
Conference Venues Business Sessions: Florence Filberg Centre, 411 Anderton Avenue Welcome Reception: Native Sons Hall, 360 Cliff Avenue Saturday Annual Banquet Reception: Courtenay Museum, 207 Fourth Street Saturday Annual Banquet: Florence Filberg Centre, 411 Anderton Avenue
Travelling to Courtenay • From Nanaimo – 110 km, 1 hour, 15 minutes driving • From Victoria – 220 km, 2 hours, 40 minutes driving http://www.drivebc.ca
Parking Ample parking is available between the Florence Filberg Centre and Native Sons Hall. The two facilities are across from one another. For those that like to walk, the Best Western Westerly Hotel and the Old House Village Hotel are about a 1 km walk following the scenic Courtenay Riverway to the Filberg Centre. The host community for the 2015 AGM & Convention is the City of Courtenay. Mayor How To Register Larry Jangula and Council are thanked for Registration forms are available on AVICC.ca or by emailing [email protected]. As in the their generous hospitality. past, there is an early bird and cancellation deadline of Friday, March 20, 2015. The local host planning committee includes Susan Karvalics, Legislative Services Early Late Executive Assistant; Randy Wiwchar, Director (By March 20) (After March 21) of Community Services; and John Ward, Delegate Fees $150 $180 Corporate Administrator. Includes Welcome Reception All local contributors are thanked for their Non-Member Delegate Fees $180 $216 contribution in making the 2015 AGM & Annual Banquet $47 $56 Convention a terrific experience for all.
Welcome Reception for $29 $35 Partners
For More Information The most current information will be posted on thewww.AVICC.ca website. Please check back regularly for updates. For specific questions, please contact:
Iris Hesketh-Boles, AVICC Executive Coordinator Email: [email protected] Telephone: 250-356-5122 1915 2015 Community photos are courtesy of: Boomer Jerritt and Sarah Kerr
Regular Council Agenda - February 3, 2015 23 Page 7 of 7 January 8, 2015
Town of Gibsons Mayor and Council 474 South Fletcher Road Gibsons, BC, VON 1VO BRITISH COLUMBIA
Dear Mayor Rowe and CouncilCouncil,,
Congratulations on your recent electionelection.. With the start of a new year, we are pleased to provide you with information about the BC Communities in Bloom (BC CiB) Program.Program .
As a former 'in Bloom' community we would like you to know about some participation options for 2015:2015:
1.1. Evaluated Program to re-establish your Bloom rating (Nationals in 2016 if eligible),
2. Novice Program to introduce Communities in Bloom to a new committee group,
33.. Or participate in a Non-Evaluated category to maintain a BC CiB profile for active projectsprojects..
Enclosed is the 2015 Provincial Registration Form, with an explanation of all our participationpartiCipation optionsoptions..
We would love to invite the Town of Gibsons back into the CommuniCommunitiesties in Bloom program!
Kind reregards,gards,
DonandPl Alberg, BC CiB Chair
Grow your commUnity Pride
the Communities in BBllooomom programprogram is a proven way to engage your volunteers wit h other servserviicce,e, municipamunicipa l and businessbusiness groups; all growing together to make your community the best it can be!be!
BC Communities in Bloom # 102, 19289 Langley Bypass,Bypass, Surrey, BC V3S 6S6 I 604 576-6506 I www.bccib.cawww.bccib.ca
Regular Council Agenda - February 3, 2015 24 Inspiring Civic and Citizen Involvement
BRITISH COLUMBIA
REGISTRATION FEES CiB Is A Recipe For Success! are based on a community's population size and are very Communities in Bloom (CiB) is the catalyst to inventory assets and reasonablereasonable.. These population groups create awareness for Municipal Staff, Business Leaders,Leaders, Service Clubs create awareness for Municipal Staff, Business Leaders, Service Clubs ensure fairness with respect to your and Individuals who want to see their town achieve its full potential. availability of people and resourcesresources.. POPULATION CATEGORIES 1- 10001000,, RESPONSIBILITIES 1001- 2000,2000, Participating communities develop their own organizing committee to: 2001- 50005000,, • Generate awareness & enthusiasm by involving citizens of all ages; 5001 - 10,00010,000,, 10,001 - 2020,000,,000, • Promote beautification and tidiness initiatives within communitycommunity;; 20,00120,001 - 5050,000,,000,000, • Create awareness for long-term heritage and environmental plans; 50,001 - 100,000,100,000, 100,001 - 300,000 • Arrange for, and host BC CiB judges on evaluation day. 300,000+ Direct to National
BENEFITS PARTICIPATION OPTIONS People and businesses want to be associated with an attractive EVALUATED: Provincial Edition looking community,community, which is particularly important with respect to Novice First Year Entry Program potential residents, visitors,visitors, investors and others. It also: Mentor (Experienced with New) • Ignites Community Energy NON-EVALUATED: ((1f21/2 fee) • Promotes Tidiness & Beautification in Residential/Business Areas Winner's Circle Friends • Networks Various Organizations for a Common Good MEMBERSHIP: • Encourages Excellence in Environmental Initiatives Individual, CommunityCommunity or Corporate • Friendly Competition provides Focus & Deadline for Projects • Judge's Report is a Cost Effective Measurement of Success Please see our REGISTRATION FORM for FEES & other requirements at www.bccib.ca MAXIMIZE YOUR EFFORTS It is amazing what can be accomplished with citizens who are being REGISTRATION DEADLINE: motivated by obvious visual changes in their community. Starting with MARCH 31 simple objectives, participants plan future projects to capitalize on the Need more information, contact best use of available resources. The CiB Evaluation process helps Catherine Kennedy, EExecutivexecutive Director create focus and provides feedback for these efforts. at: (604) 576-6506 or Email c.kennec.kennedy@tedyy@@ttelluus.netss..netet
BC Communities in Bloom provides the framework for enhancing commUnity liveability
Regular Council Agenda - February 3, 2015 25 Criteria and Evaluation Process
During late July of each year, on an Integrated Pest Management (I(IPM), PM), has become a key sector to be agreed upon date, a pair of BC CiB heritage; memorial and included in each of the criteria judges assesses the four sectors of commemorative trees. sections. It also creates recognition a community (Local Government,Government, LANDSCAPE design should for volunteers and helps show Business, Service and Citizen) to harmonize the interests of municipal, support for community initiatives by evaluate their overall efforts on commercial and residential sectors of the municipal, business,business, service and specific criteria: the community.community. Evaluating the private sectorssectors.. Tidiness, Environmental Action, balance of plants, materials and RESULTS All participatingpartiCipating Community Involvement, Heritage constructed elements;elements; native and communities receive a rating of one Conservation, Urban Forestry,Forestry, introduced materials; appropriate to five 'Blooms'.'Blooms'. The community with Landscape and Floral Displays. integration of hard surfaces and art a top five-bloom score (one in each TIDINESS cleanliness of green elements, Turf & Groundcovers which population category) may receive an spaces (parks etc); medians, is now included in this section of the invitation to participate in the boulevards, sidewalks, streets,streets, evaluation formform.. following yearyear's's National competitioncompetition..
properties, ditches, road shoulders; o• Special Criteria Awards are also vacant lots and buildings, repair ~servatlonis),SetVatlon ..,.. 'J",.1"'P-1"~ presented to communities displaying and maintenance;maintenance; signage;signage; CO V.l-6V.r6 outstanding effort in specific weeds, graffiti and
www.bccib.ca
People, Plants & Pride ... Growing Together
Regular Council Agenda - February 3, 2015 26 2015 PROVINCIAL EDITION PAID REGISTRATIONS before JANUARY 31 are eligible to Win an Early Bird Prize BRITISH COLUMBIA (approx.(approx. $200 Value)
COMMUNITIES IN BLOOM FINAL REGISTRATION DEADLINE: MARCH 31, 2015
MUNICIPALITY (PLEASE PRINT) TOTAL POPULATION MAYOR
NAME OF MUNICIPAL CONTACT POSITION / TITLE
ADDRESS CITY POSTAL CODE
PHONE MUNICIPAL CONTACT EMAIL
NAME OF COMMUNITY CONTACT OR LOCAL CIBCIS CHAIR WEBSITE ADDRESS FOR COMMUNITY
PHONE COMMUNITY CONTACT/CHAIR E-MAIL PARTICIPATION CATEGORIES REGISTRATION FEE BASED ON POPULATION SIZE:
I-D_N_O_V1_C_E_A_Ud_i_t~D__ N_O_~_C_E __ A_Ud_i_t_pr_o_g_ra_m_t_o_i_nt_ro_d_u_c_e_C_iB_,_w_o_rk_s_ho_P_w _pr_o_g_ra_m_t_o_i_nt_ro_d_u_c_e_pr_o_gr_a_m_t_o_in_t_ro_d_u_ce_C_iB_, _C_iB_, _w_o_rk_s_ho_p_w_ith_a__ ith__ a_p_a_ir_Of_J_U_d_ge_S _p_a_ir_Of_J_U_d_ge_s ______-f~Duptol000--l 0 up to 1000 - $475 0 10,00110,001 to 2020,000,000 -$875 EVALUATED PARTICIPANTS ARE ONLY ELIGIBLE FOR CRITERIA AWARDS o01001 1001 to 2000 -$575- $575 o020,001 20,001 to 50,00050,000 - $975 o PROVINCIAL EDmON ((EvaluatedEvaluated wwithith Bloom Rating Award)Award) or 02001o 2001 to 5000 - $625 o0 50,001 to 100100,000,000 $1150 MENTOR withwith 0 NEW COMMUNITY ______o o 5001 to 10,00010,000 - $750 0100,000+0 100,000+ -$1450- $1450 ((BothBoth EvaluatedEvaluated wwithith Bloom Rating AAward,ward, supplsupplyy form and fee for eacheach please)please) (Plus 5% GST) NON-EVALUATED: (1/2(112 Fee) 0 WINNERS CIRCLE (Holds rating 1-yr) or 0 FRIENDS
I PARTICIPANTS should plan to: COMMUNITY RECEIVES:
• Create a local 'in Bloom'Bloom' action committeecommittee:: citizens,citizens, business, • Getting Started Package of InformationInformation;; service clubs and a municipal representative (Councillor(Councillor,, service clubs and a municipal representative (Councillor, • Help from regional representatives if required;required; Public Works,Works, Administrator, Parks/Recreation); • Evaluation by a pair of trained BC CiB judgesjudges;; • Start with a simple budget to cover registration fee and to • Bloom Rating Certificate (2 to 5 blooms); create community wide CiB awareness projectsprojects,, i.e.: paradesparades,, (2 5 tidy up days.days. Consider planning some fundraising events too; • 16+ page Evaluation Report with Comments & Suggestions presented at the Provincial Awards Ceremony in the fallfall;; • Prepare for Judges EvaluationEvaluation to take place in mid to late JulyJuly;July;; • Information about National Competition in future yearsyears.. • Create a Community Profile Book (info provided) outlining the community's achievements in the specific eevaluationvaluation criteria;criteria; BENEFITS to Community: • Host a pair of judges during evaluation time (typically 3rd week • Encourages Tidiness & Beautification in July): meals & accommodation, maximum 2 nights, separate rooms, same location (billeting is acceptable); • Promotes Excellence in Environmental Initiatives • Send a Delegate or two, to the BC CiB Provincial Awards at the • catalyst to Inventory Community's Assets National CIB Symposium hosted by Kamloops Sept 30 - Oct 3.3. • Friendly Competition provides Focus & Deadline for Projects • Cost Effective Measurement of Success
Cheque payable to: BC Communities in Bloom NEW MAILING ADDRESS: Suite 102, 19289 Langley Bypass,Bypass, Surrey, BC V3S 6Kl6K1
AMOUNT ENCLOSED $ Population Fee + 55%% GST = $ GST#844603670RTOO01GST # 8446 03670 RTOOOlRTOO01
PLEASE INVOICE US AT: oD Above Address Fax Forms to ((604)604) 574-7773
CANCELLATION POLICY: Before April 30th a $50.00 fee may be charged, after that all registration fees are non-refundable.non-refundable.
Request more information: Catherine Kennedy,Kennedy, Executive Director (604) 576-6506 I [email protected][email protected] I wwwwww.bccib.ca.bccibbccib.ca.ca
Regular Council Agenda - February 3, 2015 27 Participation Options
REGISTRATION CATEGORIES COST
Fee dependant upon 1. NOVICE PROGRAM - First Year Audit population size - see 2015 Our Judge's visit is an opportunity to review all CiB program elements with your Registration Form future committeecommittee..
No tour or CPB book to organize, but be prepared to host the judges (meals/ (Email a request for accommodation for 2-nights max.) and have 3 - 10 people ready to workshop. additional information) Judges will present a PowerPoint and show a sample Community Profile BookBook,, view at least 3 of your best criteria; i.e.i.e. FloralFloral,, Landscape and Tidiness in your community and follow-up with a summary report of comments and suggestions for the future.future.
2. EVALUATED PROVINCIAL EDITION Fee dependant upon population size - see 2015 Participants are awarded a Bloom Rating Certificate and receive a written report at Participants are awarded a Bloom Rating Certificate and receive a written report at Registration Form the Provincial Awards & Conference in the fall. This category also includes Mentoring for an experienced CiB community to help a THIS IS THE ONLY new participant (or one that has been out of CiB for at least two years) in the CATEGORY ELIGIBLE programprogram.. Separate form and fee for each.each . TO WIN A SPONSORED Mentor Community receives special recognition throughout the year. CRITERIA AWARD
3. NON-EVALUATED %¥2 Fee dependant upon population size - see 2015 a) 5-BLOOM WINNER'S CIRCLE*: Registration Form For communities who want to hold their bloom rating one yearyear.. b) FRIENDS*: For communities that want recognition for ongoing CiB initiatives.
*added BONUS: this category is encouraged to provide a Community Showcase Entry!
4. MEMBERSHIP As per the 2015 Membership Form a) Individual $20 a) Individual $20 (see BC CiB website for b) Community Membership $100 form and additional information) c) Corporate (Basic or Enhanced) $500 or $1000
- Newsletters (10+ issues/year) - Invitation to AGM (voting privileges for individual membership only) - Invitation to fall Awards and Conference - Entry point for judging (upon approved application)
All Registered participants will receive recognition on our Map, Press Releases, Website and Fall Awards
5. COMMUNITY SHOWCASE* (non-evaluated) Entries will be featured in Profile for a specific project or geographical segment within a community.community. Open to our BC CiB newsletternewsletter.. everyone in British Columbia, submissions also accepted from other levels of CiB. Fee: $100 Provide 100 words & 3 photos.
NEW MAILING ADDRESS: Suite 102, 19289 Langley Bypass, Surrey, Be V3S 6K1 I (604) 576-6506 I www.bccib.ca
Regular Council Agenda - February 3, 2015 28 STAFF REPORT
TO: Council MEETING DATE: February 3, 2015
FROM: André Boel, Director of Planning FILE NO: 5040-10-08-02
SUBJECT: Housing Agreement Bylaws
RECOMMENDATION(S)
THAT the staff report regarding the Housing Agreement Bylaws be received.
BACKGROUND/PURPOSE
In 2008, as one of the strategies to promote affordable housing options, the Town introduced a Council Policy for affordable housing. The policy states that in exchange for rezoning to a higher density, developers are to provide affordable housing units. For the Parkland subdivision, the Soames Place development the Town and the developers have agreed to include affordable ownership units in their respective developments.
In the December 9, 2014 Committee of the Whole meeting Council received a report regarding the proposed housing agreement and selection process that was developed for the projects. In the December 16th 2014 Council meeting, Council expressed reservations with regards to the Town initiating a selection process for affordable housing. Council resolved the following:
“ THAT discussion on Affordable Housing be referred to a Special Committee of the Whole meeting to re-evaluate the program to ensure the best fit for Gibsons.” (R2014-364)
Staff followed up with the two applicants to determine next steps for the two projects that were already in the development approval pipeline. The purpose of this report is to report back on the results from staff’s discussions with the applicants for Parkland and for Soames Place in order to clarify why the two Housing Agreement Bylaws are presented for Council’s consideration.
Regular Council Agenda - February 3, 2015 29 Report to Council regarding Housing Agreement Bylaws 2
DISCUSSION
Soames Place is currently under construction. The Housing Agreement is a requirement before an Occupancy Permit can be issued. Through discussions between staff and the developer it has become clear that there is a preference to put the housing agreement in place because it provides a process for both scenarios, with or without candidate selection process.
Parkland Phase 1 is nearing its complete buildout. The developer has indicated a preference to proceed with building the units in the near future, in order to develop the last remaining parcel in the subdivision. There is a preference to put the housing agreement in place, regardless of the Town running a selection process, in order to conclude the years of discussion about affordable housing for this development.
The proposed Housing Agreement does not force the Town to run the envisioned selection process (see section 5.4 in the agreement). The advantage of putting the agreements in place is that it provides clarity regarding next steps without a selection process. In that case the units may be sold as market units and any positive difference between market price and restricted price is returned to the Town for the Affordable Housing Fund.
With regards to the requested Council discussion on the housing policy, staff is awaiting more information regarding the start up of a Community Land Trust for the Sunshine Coast. In the meantime, finalising the two housing agreements with Soames Place and Parkland allows both projects to conclude the earlier discussions and agreements regarding affordable housing options for those projects. For this purpose, the two Housing Agreement Bylaws are forwarded for Council's consideration.
RECOMMENDATIONS I ALTERNATIVES
Staff's recommendation to receive this report is listed on page 1.
Respectfully Submitted,
An re Boel Director of Planning
CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:
I have reviewed the report and support the recommendation(s).
Regular Council Agenda - February 3, 2015 30 TOWN OF GIBSONS
BYLAW NO. 1208, 2015
A Bylaw to enter into a Housing Agreement
WHEREAS pursuant to Section 905 of the Local Government Act, the Town may by bylaw enter into a housing agreement under that section;
AND WHEREAS the Town of Gibsons wishes to enter into a housing agreement with respect to that land legally described as Lot Q DL1328 Plan 20757;
NOW THEREFORE the Council of the Town of Gibsons, in open meeting assembled, enacts as follows:
1 Citation
1. This bylaw may be cited for all purposes as “Soames Place Housing Agreement Bylaw No. 1208, 2015”.
2 Authorization
2. Council hereby authorizes the Town of Gibsons to enter into a housing agreement under Section 905 of the Local Government Act, with respect to the land legally described as Lot Q, DL 1328, Plan 20757, Parcel Identifier 003-448-444, in the form attached as Appendix 1 to this bylaw.
3. The Mayor and Corporate Officer are authorized to execute, on behalf of the Town, the housing agreement and all further documents necessary or desirable to give effect to the housing agreement and to file in the Land Title Office a notice of the housing agreement as required by the section 905(5) of the Local Government Act.
READ A FIRST TIME this day of 2015
READ A SECOND TIME this day of 2015
READ A THIRD TIME this day of 2015
ADOPTED this day of 2015
______Mayor Corporate Officer
Regular Council Agenda - February 3, 2015 31 APPENDIX 1 HOUSING AGREEMENT
Regular Council Agenda - February 3, 2015 32 TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT AND SECTION 905 HOUSING AGREEMENT
THIS AGREEMENT dated for reference the ___ day of ______, 201__ is
BETWEEN:
Leeon Projects Ltd. (Inc. No. ______), and having a postal address at Box 1768, Gibsons, BC, V0N 1V0
(the “Owner”)
AND:
TOWN OF GIBSONS, a municipal corporation pursuant to the laws of British Columbia and having a postal address at Box 340, Gibsons, BC, V0N 1V0
(the “Town”)
WHEREAS:
A. The Owner is the registered owner in fee simple of the lands in Gibsons, British Columbia, legally described in Item 2 of Part 1 of the Land Title Act Form C to which this agreement is attached and which forms part of this agreement (the “Land”);
B. As a condition of the Town rezoning the Land to permit a higher density of development thereon, the Owner has consented to the designation of certain dwelling units for affordable housing for low-income individuals and families;
C. Pursuant to Section 905 of the Local Government Act, the Town may, by bylaw, enter into a housing agreement with an owner of land, which agreement may include terms and conditions regarding the occupancy, tenure, and availability of the dwelling units identified in the agreement;
D. Section 219 of the Land Title Act permits the registration of a covenant of a negative or positive nature in favour of the Town in respect of the use of land, construction on land, or the subdivision of land;
E. The Owner and the Town wish to enter into this agreement to provide for the construction, use, and occupancy of two (2) dwelling units for families with below median household incomes, and the parties agree that this agreement is both a covenant under Section 219 of the Land Title Act and a housing agreement under Section 905 of the Local Government Act;
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This agreement is evidence that in consideration of $2.00 paid by the Town to the Owner (the receipt of which is acknowledged by the Owner), and in consideration of the promises exchanged below, the Owner and the Town covenant and agree, pursuant to section 905 of the Local Government Act and section 219 of the Land Title Act, as follows:
ARTICLE 1 INTERPRETATION
Definitions
1.1 In this agreement the following words have the following meanings:
(a) “Affordable Housing Unit” means a Dwelling Unit on the Land that is specifically designated for the residential use of a single household by a Qualified Purchaser and that person’s Family;
(b) “Appraisal” means an appraisal prepared by an Appraiser to determine the Fair Market Value of an Affordable Housing Unit, obtained in accordance with Article 3 of this agreement;
(c) “Appraiser” means an appraiser accredited by the Appraisal Institute of Canada;
(d) “Approved Not-for-Profit” means a not-for-profit organization that is registered and in good standing pursuant to the Society Act (British Columbia), has a housing- related mandate, and is otherwise acceptable to the Town, acting reasonably;
(e) “Arm’s Length” has the same meaning as that term has in the Income Tax Act (Canada);
(f) “Consumer Price Index” means the All-items Consumer Price Index for Vancouver, as compiled and published by Statistics Canada or its successor in function;
(g) “Discharge Fee” means an amount equal to the difference between the Maximum Price, Resale and the Fair Market Value of the Affordable Housing Unit;
(h) “Dispose” means to transfer by any method, and includes assign, give, sell, grant, charge, convey, bequeath, devise, divest, and agree to do any of those things;
(i) “Dwelling Unit” means a room or set of rooms containing cooking and sanitary facilities and designed to be used for residential occupancy by one or more persons;
(j) “Fair Market Value” means the purchase price from time to time which a willing purchaser would pay to a willing vendor, where those parties are dealing at Arm’s Length from one another, for an Affordable Housing Unit, unencumbered with the exception of any encumbrances approved in writing by the Town, as determined by an Appraisal;
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(k) “Family” means individuals related by blood, marriage, adoption, common law marriage, or foster parenthood, or cohabitating with them in an opposite sex or same sex spousal relationship;
(l) “First Purchaser” means the person to whom the interest in an Affordable Housing Unit is first transferred after issuance of the occupancy permit for the Affordable Housing Unit;
(m) “First Sale” means the first transfer of the Affordable Housing Unit from the original Owner to the First Purchaser;
(n) “Gross Floor Area” means the habitable gross floor area of an Affordable Housing Unit and includes enclosed sunrooms but does not include crawl spaces, open patios, open balconies, or parking spaces. If the Affordable Housing Unit is a strata lot as defined by the Strata Property Act, the gross floor area measurements will be based on the gross floor area shown corresponding to the Affordable Housing Unit on the strata plan filed in the LTO (as hereinafter defined) in respect of the Land. If the Affordable Housing Unit is not a strata lot as defined in the Strata Property Act, the gross floor area measurements will be made in accordance with the procedure for determining gross floor area set out in the Strata Property Act as if the Affordable Housing Unit were a strata lot;
(o) “Housing Criteria” means the scoring and ranking system to be applied by the Qualified Body from time to time;
(p) “LTO” means the Vancouver Land Title Office;
(q) “Market Units” means the residential Dwelling Units to be constructed on the Land that are not to be Affordable Housing Units, as shown on Schedule A;
(r) “Maximum Price, First Sale” means the sale price for the sale of an Affordable Housing Unit to the First Purchaser being $ 240,000 for unit #201 and $ 225,000 for unit #205. In addition to the Maximum Price, First Sale, the Owner that sells an Affordable Housing Unit to the First Purchaser will be entitled to charge the First Purchaser the net GST payable by the First Purchaser and the fee paid by the Owner to obtain the home warranty insurance required by the Homeowner Protection Act (British Columbia);
(s) “Maximum Price, Resale” means the Previous Sale Price plus 25% of the increase in the Fair Market Value of the Affordable Housing Unit since the Previous Sale, as determined by one or more Appraisals obtained in accordance with Article 3 of this agreement;
(t) “Maximum Rent” means 30% of the housing income limit set by BC Housing or its successor in function from time to time and applicable to the particular Affordable Housing Unit based on its size, location, and number of bedrooms, divided by 12
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and payable on a monthly basis;
(u) “Option/RFR” means the Option to Purchase and Right of First Refusal in favour of the Town in the form attached hereto as Schedule B;
(v) “Previous Sale” means the last transfer of the Affordable Housing Unit;
(w) “Previous Sale Price” means the sale price of the Previous Sale;
(x) “Qualified Purchaser” means an individual who meets the Housing Criteria as established and applied by the Qualifying Body and who wishes to purchase and occupy the Affordable Housing Unit;
(y) “Qualifying Body” means the Town or other body or entity designated by the Town for the purpose of administering this agreement;
(z) “Tenancy Agreement” means a tenancy agreement, lease, license, or other agreement granting rights to occupy an Affordable Housing Unit.
Interpretation
1.2 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;
(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 replaced, unless otherwise expressly provided;
(f) reference to a “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; 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.
Regular Council Agenda - February 3, 2015 36
ARTICLE 2 USE OF LAND AND CONSTRUCTION AND USE OF AFFORDABLE HOUSING UNITS
Development of Land
2.1 The Owner covenants and agrees with the Town:
(a) the Land shall not be developed, and no building or structure shall be constructed on the Land, unless as part of the development of and construction on the Land the Owner also constructs to completion, in accordance with a building permit issued by the Town and in accordance with any development permit issued by the Town, at least two (2) Affordable Housing Units on the Land, which Affordable Housing Units shall be constructed and finished to at least the same standard and quality of construction and finishing as for the Market Units, unless lower-cost options for appliances and fixtures are otherwise approved in writing by the Qualifying Body;
(b) the Land shall not be subdivided except by registration in the LTO of a subdivision plan in a form substantially as proposed and shown on Schedule A;
(c) the Affordable Housing Units shall have at least the Gross Floor Area listed, and shall be located on the Land, as proposed and shown on Schedule A;
(d) the Owner will at all times ensure that the Land is used and occupied in compliance with all statutes, laws, regulations, and orders of any authority having jurisdiction and without limiting the generality of the foregoing all bylaws of the Town and all federal, provincial, municipal, or local laws, statutes, or ordinances relating to environmental matters, including all rules, regulations, policies, guidelines, criteria, or the like promulgated under or pursuant to any such laws; and
(e) the Owner will do everything necessary, at the Owner’s expense, to ensure that this agreement will be registered against title to the Land in priority to all charges and encumbrances which may have been registered or are pending registration against title to the Land, save and except those specifically approved in writing by the Town or in favour of the Town.
No Occupancy
2.2 No building or structure on the Land may be occupied or used for any purpose until and unless:
(a) the Land is subdivided in the manner permitted by section 2.1(b);
(b) all of the Affordable Housing Units have been constructed in accordance with section 2.1 and the Town has issued occupancy permits for all of the Affordable Housing Units; and
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(c) the Owner has granted to the Town the Option/RFR and registered the Option/RFR against title to the Affordable Housing Units in the LTO, in priority to all financial liens, charges, encumbrances and legal notations (including options to purchase, rights of first refusal, and leases).
Partial Discharge
2.3 If the Owner has satisfied all of the requirements of section 2.1 and 2.2 of this agreement and is not (at the time of the request referenced further in this paragraph) in breach of any of its obligations hereunder, the Town shall, at the request of the Owner and at the Owner’s sole expense, execute and deliver to the Owner discharges of this agreement in registrable form, discharging this agreement for each Dwelling Unit that:
(a) is a separate legal parcel; and
(b) is not an Affordable Housing Unit,
provided that, where the Land is subdivided under the Strata Property Act, the Town may withhold delivery of any discharges required to be delivered pursuant to this section until after the Town has received from the strata corporation its duly authorized agreement that it will not take any action that would result in an inability to rent the Affordable Housing Units in accordance with Article 4 of this agreement or would render such rental a breach of the strata corporation bylaws.
2.4 This agreement shall apply separately to each and every Affordable Housing Unit to be constructed and created on the Land, as proposed and shown on Schedule A.
Use and Occupancy of Affordable Housing Units
2.5 Each Affordable Housing Unit:
(a) may only be used as a permanent residence; and
(b) must only be occupied by a Qualified Occupant who is the registered owner of the Affordable Housing Unit, as shown on title to the Affordable Housing Unit in the LTO, and his or her Family, unless the Owner is an Approved Not-for-Profit, in which case the Affordable Housing Unit may be rented in accordance with Article 4 below.
ARTICLE 3 SALE OF AFFORDABLE HOUSING UNITS
Sale of Affordable Housing Units
3.1 The Owner shall not sell or otherwise Dispose of an Affordable Housing Unit except in accordance with the terms and conditions set out in this agreement, the Option/RFR, and any resale policies of the Town.
Regular Council Agenda - February 3, 2015 38
3.2 The Owner shall not accept any offer to purchase or otherwise acquire an Affordable Housing Unit, nor sell or otherwise Dispose of an Affordable Housing Unit, except to a Qualified Purchaser or an Approved Not-for-Profit.
3.3 The Owner shall not accept any offer to purchase or otherwise acquire the Affordable Housing Unit, nor sell or otherwise Dispose of the Affordable Housing Unit, for a purchase price exceeding the Maximum Price, Resale, unless the sale is the First Sale in which case the Owner shall not accept any offer to purchase or otherwise acquire the Affordable Housing Unit, nor sell or otherwise Dispose of the Affordable Housing Unit, for a purchase price exceeding the Maximum Price, First Sale.
3.4 The Owner shall give prior written notice of this agreement to any person to whom it proposes to Dispose of an interest in an Affordable Housing Unit.
Notice of Intention to Sell
3.5 If at any time the Owner wishes to sell or otherwise Dispose of the Affordable Housing Unit, the Owner will give the Town written notice of the Owner’s intention to do so (the “Notice of Intention to Sell”).
Determination of Sale Price
3.6 Within 7 days after the Owner delivers the Notice of Intention to Sell to the Town, the Owner shall retain an Appraiser acceptable to the Town to undertake an Appraisal (the “Owner Appraisal”) in order to determine the Fair Market Value of the Affordable Housing Unit as at the date of the Notice of Intention to Sell, and the Owner shall deliver a copy of the Owner Appraisal to the Town within 7 days of receiving it from the Appraiser. The Owner shall pay all costs of the Owner Appraisal.
3.7 If the Town agrees that the Fair Market Value of the Affordable Housing Unit is as shown in the Owner Appraisal, the Town shall, within 7 days of receiving the Owner Appraisal, deliver notice to the Owner that the Maximum Price, Resale, is equal to the Previous Sale Price plus 25% of the increase in Fair Market Value from the time of the Previous Sale, as determined by comparing the Owner Appraisal to the Appraisal obtained at the time of the Previous Sale. For certainty, if the Fair Market Value is the same or less than the Previous Sale price, the Maximum Price, Resale will be considered to be the same as the Fair Market Value.
3.8 If the Town does not agree that the Fair Market Value of the Affordable Housing Unit is as shown in the Owner Appraisal, the Town shall, within 7 days of receiving the Owner Appraisal, give notice to the Owner that the Town intends to retain its own Appraiser to undertake an Appraisal (the “Town Appraisal”) in order to determine the Fair Market Value of the Affordable Housing Unit as at the date of the Notice of Intention to Sell, in which case the Town shall, within 7 days of receiving the Town Appraisal, deliver a copy of the Town Appraisal to the Owner together with notice that the Maximum Price, Resale, is equal to the Previous Sale Price plus 25% of the increase in Fair Market Value from the
Regular Council Agenda - February 3, 2015 39
time of the Previous Sale, as determined by comparing the average of the Owner Appraisal and the Town Appraisal to the Appraisal obtained at the time of the Previous Sale. The Town shall pay all costs of the Town Appraisal.
3.9 If the Town does not give notice to the Owner within 7 days of the receiving the Owner Appraisal that the Town intends to obtain its own Appraisal, or if the Town does not deliver a copy of the Town Appraisal to the Owner within 30 days after giving such notice, the Owner Appraisal shall be used to determine the Fair Market Value of the Affordable Housing Unit and the Maximum Price, Resale shall be determined using the Owner Appraisal in accordance with section 3.7.
3.10 For clarity, while the Owner is required to obtain an Appraisal at the time of the First Sale, no portion of the Fair Market Value of the Affordable Housing Unit as determined by that Appraisal will be added to the Maximum Price, First Sale.
3.11 The Maximum Price, Resale, as determined in accordance with section 3.7 or 3.8 above, shall be effective for a period of 6 months, commencing on delivery of notice by the Town to the Owner of the applicable Maximum Price, Resale, and the Owner may sell the Affordable Housing Unit for that price during that 6 month period. Upon expiry of such 6 month period, if the Owner still wishes to sell the Affordable Housing Unit, the Owner must again give a Notice of Intention to Sell to the Town under section 3.5 and trigger the foregoing process.
List of Qualified Purchasers
3.12 Upon receipt of the Notice of Intention to Sell, the Town shall prepare a list of Qualified Purchasers in priority order and shall provide the Owner with such list within 60 days of the Notice and, following determination of the Maximum Price, Resale, in accordance with this Article 3, the Owner shall seek offers from the listed Qualified Purchasers in priority order. The Town may amend the list from time to time upon notice to the Owner.
Qualifying Body
3.13 The Town may designate another body or entity for the purposes of administering this agreement on behalf of the Town, including with respect to the preparation of the list of Qualified Purchasers.
Regular Council Agenda - February 3, 2015 40
Lack of Offers
3.14 If:
(a) the Town does not provide the Owner with a list of Qualified Purchasers within the time specified above, or
(b) the Owner does not receive any offer from a Qualified Purchaser on the list of Qualified Purchasers provided by the Town (as that list may be updated from time to time) equal to the Maximum Price, Resale (or if the sale is the First Sale, equal to the Maximum Price, First Sale) within 6 months following the date the Town initially delivers that list to the Owner,
the Owner may sell the Affordable Housing Unit in accordance with section 3.16.
3.15 If the Owner receives an offer from a Qualified Purchaser, but the sale to that purchaser does not complete for any reason, and the Owner still wishes to sell the Affordable Housing Unit, the Owner must again give a Notice of Intention to Sell to the Town under section 3.5 and trigger the foregoing process, except that the Maximum Price, Resale determined pursuant to section 3.7 or 3.8 shall remain effective for the remainder of the 6 month period specified in section 3.11.
3.16 Where this section applies, the Owner may sell the Affordable Housing Unit to a purchaser who is neither a Qualified Purchaser nor an Approved Not-For-Profit, who is at Arm’s Length to the Owner, if the Owner pays to the Town the Discharge Fee. Upon receipt of the Discharge Fee or undertakings from the Owner’s solicitors, satisfactory to the Town, ensuring the payment of the Discharge Fee to the Town, the Town shall execute discharges of this agreement from title to the Affordable Housing Unit (which discharges shall be prepared and registered by and at the expense of the Owner). For the purposes of calculating the Discharge Fee, the parties shall use the average of the Fair Market Value determined by the Owner Appraisal and the Fair Market Value determined by the Town Appraisal, unless the Town has accepted the Owner Appraisal under section 3.7 in which case the Owner Appraisal alone shall be used for the purpose of calculating the applicable Discharge Fee. For certainty, the Discharge Fee in any case shall not be less than $0.00.
Delivery of Sale Contract
3.17 If the Owner enters into a binding contract of purchase and sale with a Qualified Purchaser (the “Sale Contract”), the Owner will immediately provide a copy of the Sale Contract to the Town.
Terms to be Included in Every Sale Contract
3.18 The Owner will not sell the Affordable Housing Unit to a buyer unless the Sale Contract:
(a) is in writing;
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(b) is subject to the Town determining and notifying the Owner in writing, within a period of 10 days after the Town receives a true copy of the Sale Contract, that the Owner has complied with the requirements of this Article 3 and that the buyer is a Qualified Purchaser or Approved Not-for-Profit, failing which the Sale Contract will be null and void;
(c) includes a statement that the buyer agrees to purchase the Affordable Housing Unit subject to this agreement; and
(d) requires the buyer to grant to the Town a new Option/RFR upon the terms and conditions attached as Schedule B, which Option/RFR shall be registered concurrently with the Form A Transfer transferring the Affordable Housing Unit to the buyer and a discharge of the existing Option/RFR.
3.19 The Town shall not be obligated to review or make any determination with respect to a Sale Contract pursuant to section 3.18(b) above if the date of receipt by the Town of a true copy of the Sale Contract and any other information required by the Town in order to complete such review or make such determination is provided after expiry of the 6 month period during which the Owner may sell the Affordable Housing Unit for the Maximum Price, Resale determined in accordance with section 3.7 or 3.8.
Marketing Obligations
3.20 The Qualifying Body shall be responsible for endeavouring to find candidates for purchaser of the Affordable Housing Units and the Owner shall be responsible for the sales of the Affordable Housing Units. The Owner shall cooperate with the Qualifying Body in endeavouring to find purchasers for the Affordable Housing Units, to the satisfaction of the Town, failing which the Owner will not be entitled to sell the Affordable Housing Unit in accordance with section 3.16.
3.21 The Qualifying Body will initiate the selection process for the First Sale 4 months before the expected issuance of an occupancy permit for the Affordable Housing Unit and will endeavour to provide a list of eligible candidates, listed in priority order, to the Owner at least 2 months before expected issuance of an occupancy permit for the Affordable Housing Unit. The Owner will offer the Affordable Housing Unit only to eligible candidates in priority order.
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ARTICLE 4 RENTAL OF AFFORDABLE HOUSING UNIT
4.1 The Owner must not rent or lease any Affordable Housing Unit unless the Owner is an Approved Not-for-Profit and then only to a Qualified Occupant in accordance with section 2.5 and in accordance with the following additional conditions:
(a) the Affordable Housing Unit will be used or occupied only pursuant to a Tenancy Agreement;
(b) the term of the Tenancy Agreement shall not exceed 1 year;
(c) the monthly rent payable for the Affordable Housing Unit will not exceed the Maximum Rent;
(d) the Owner will not require the Tenant to pay any extra charges or fees for use of any common property, limited common property, or other common area, or for sanitary sewer, storm sewer, water utilities, strata fees, or property taxes. For clarity, this section does not apply to cablevision, telephone, Internet, gas utility, or electric utility fees or charges;
(e) the Owner will attach a copy of this agreement to the Tenancy Agreement;
(f) the Owner will include in the Tenancy Agreement a clause requiring the Tenant to comply with the use and occupancy restrictions contained in section 2.5 of this agreement;
(g) the Owner will include in the Tenancy Agreement a clause entitling the Owner to terminate the Tenancy Agreement in accordance with the Residential Tenancy Act if the Tenant uses or occupies, or allows use or occupation of, the Affordable Housing Unit in breach of the use and occupancy restrictions contained in this agreement;
(h) the Tenancy Agreement will provide that the Tenant will not sublease the Affordable Housing Unit or assign the Tenancy Agreement, without the consent of the Owner and the Town; and
(i) the Owner will deliver a copy of the Tenancy Agreement to the Town upon demand from time to time.
4.2 The Owner will terminate the Tenancy Agreement where the tenant uses or occupies, or allows use or occupation of an Affordable Housing Unit in breach of this agreement, such termination to be in accordance with the terms of the Tenancy Agreement and the Residential Tenancy Act.
4.3 The Town may, in its sole discretion, provide written consent to the Owner from time to time to do something that is otherwise not permitted under this agreement, on such terms and conditions as the Town considers desirable.
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4.4 The Owner will be solely responsible for screening tenants to determine whether or not they qualify to occupy the Affordable Housing Unit in accordance with this agreement.
ARTICLE 5 ENFORCEMENT
Order to Comply
5.1 If the Owner is in default of the performance or observance of this Agreement, the Town may give the Owner a notice of default specifying the nature of the default and requiring the Owner to comply with this Agreement within the time stated in the notice (the “Order to Comply”).
Exercise of Option to Purchase
5.2 If the Owner fails to comply with the Order to Comply then the Town may, in addition to any other remedy available to it, give the Owner notice of intention to exercise the option to purchase under the Option/RFR.
Specific Performance
5.3 The Owner 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 Court of British Columbia at the instance of the Town, in the event of an actual or threatened breach of this agreement.
No Obligation to Enforce
5.4 The rights given to the Town by this agreement are permissive only and nothing in this agreement imposes any legal duty of any kind on the Town to any one, or obliges the Town to enforce this agreement, to perform any act, or to incur any expense in respect of this agreement.
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ARTICLE 6 GENERAL
Notice of Housing Agreement
6.1 For clarity, the Owner acknowledges and agrees that:
6.2 this agreement constitutes a housing agreement entered into under section 905 of the Local Government Act;
6.3 the Town is required to file a notice of housing agreement in the LTO against title to the Land and each Affordable Housing Unit;
6.4 once such notice is filed, this agreement binds all persons who acquire an interest in the Land or an Affordable Housing Unit as a housing agreement under section 905 of the Local Government Act.
No Effect on Laws or Powers
6.5 This agreement does not:
(a) affect or limit the discretion, rights, duties or powers of the Town or the approving officer for the Town 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 Land or an Affordable Housing Unit; or
(c) relieve the Owner from complying with any common law or any statute, regulation, bylaw or other enactment.
Indemnity
6.6 The Owner hereby releases the Town, and indemnifies and saves the Town harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), costs (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 Owner of this agreement that the Town is or may become liable for, incur or suffer.
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Priority
6.7 The Owner shall do everything necessary, at the Owner’s expense, to ensure that this agreement shall be registered against title to the Land in priority to all liens, charges and encumbrances registered or pending registration against title to the Land, save and except those approved in writing by the Town or in favour of the Town.
Waiver
6.8 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.
Further Acts
6.9 The Owner shall do everything reasonably necessary to give effect to the intent of this agreement, including execution of further instruments.
Severance
6.10 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
6.11 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.
Enurement
6.12 This agreement binds the parties to it and their respective successors, heirs, executors and administrators.
As evidence of their agreement to be bound by the above terms, the parties each have executed and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement.
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PRIORITY AGREEMENT
______(the “Chargeholder”) being the holder of Mortgage No. ______and Assignment of Rents ______(together, the “Charges”);
The Chargeholder, in consideration of the premises and the sum of One Dollar ($1.00) now paid to the Chargeholder by the Owner, hereby approves of, joins in and consents to the granting of the within Agreement and covenants and agrees that the same shall be binding upon its interest in or charge upon the Land and shall be an encumbrance upon the Land prior to the Charges in the same manner and to the same effect as if it had been dated and registered prior to the Charges.
IN WITNESS WHEREOF the Chargeholder has executed this Agreement on Form D to which this Agreement is attached and which forms part of this Agreement.
Regular Council Agenda - February 3, 2015 47
SCHEDULE A
Units # 201 and # 205 as identified on drawing A2.02 by DA Architects for “Gibsons Way Development, dated September 16, 2013. (included on next page)
Regular Council Agenda - February 3, 2015 48
Unit #205, 734 sft
Unit #201, 856 sft
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SCHEDULE B – OPTION/RFR
TERMS OF INSTRUMENT – PART 2
OPTION TO PURCHASE & RIGHT OF FIRST REFUSAL
THIS AGREEMENT dated for reference ______, is
BETWEEN: TOWN OF GIBSONS, a municipal corporation having an office at Box 340,
Gibsons, BC, V0N 1V0
(the “Town”)
AND: ______
(the “Owner”)
GIVEN THAT:
A. The Owner is the owner of the land, and all improvements thereto legally described in section 2 of page 1 of the Land Title Act Form C to which this agreement is attached (the “Land”), and for the purposes of the provisions herein, the Land may mean one or more parcels comprising the Land to which the Option to Purchase herein is registered;
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B. The Owner has entered into a housing agreement with the Town under section 905 of the Local Government Act imposing certain restrictions regarding the occupancy and disposition of the Land, notice of which has been filed in the LTO and shown as a legal notation on title to the Land in the LTO (the “Housing Agreement”);
C. In order to ensure that the Land is occupied and disposed of in accordance with the Housing Agreement, the Owner wishes to grant to the Town a right of first refusal and an option to purchase the Land on the following terms and conditions.
THIS AGREEMENT is evidence that in consideration of the payment of $2.00 paid by the Town to the Owner and other good and valuable consideration (the receipt and sufficiency of which the Owner acknowledges), the Owner and the Town agree as follows:
ARTICLE 1 – RIGHT OF FIRST REFUSAL
1. Definitions – In addition to any terms defined elsewhere in this agreement, in this agreement the following terms have the following meanings:
a. "Arm's-length" has the same meaning as that term has in the Income Tax Act (Canada);
b. "Bona Fide Offer" means an offer to purchase the Land:
i. in writing,
ii. signed by an Outside Offeror (as hereinafter defined),
iii. only in its entirety and chattels pertaining thereto and no other property, rights or assets,
iv. free and clear of any liens, charges and encumbrances other than the Permitted Encumbrances (as defined in section 27),
Regular Council Agenda - February 3, 2015 51
v. in a form legally enforceable against the Outside Offeror and subject to no conditions other than that the Town waive its rights under this right of first refusal, and except subject to financing (if required by the Outside Offeror),
vi. providing for a deposit of not less than 10% of the proposed purchase price after removal of all conditions,
vii. confirming that the Outside Offeror has read and understood the terms of the Housing Agreement and all other charges in favour of the Town that are registered in the LTO against the Land and that the Outside Offeror agrees to be bound by the owner’s obligations pursuant to such charges,
viii. providing that if the Town does not exercise its right to purchase the Land under section 6, or the Option under Article 2, the Outside Offeror will grant to the Town an option to purchase and right of first refusal to purchase the Land upon the same terms and conditions as are set forth in this agreement;
c. "Business Day" means Monday to Friday inclusive except for those days declared by lawful authority as holidays, excluding any day that the land title office is not open for business;
d. “Expiry Time" with respect to any offer made by the Owner to the Town under section 4, will be 4:30 p.m. on the twenty-eighth calendar day after the receipt by the Town of the notice and other documents required to be provided under section 3, provided that in determining such time the day such offer is received by the Town will be excluded; and
e. "Outside Offeror" means a purchaser or prospective purchaser who deals at Arm's- length with the Owner.
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2. Restrictions on Sale – The Owner will not sell, transfer or otherwise convey or offer to sell, transfer or otherwise convey the Land except:
a. for consideration payable entirely in lawful money of Canada;
b. to an Outside Offeror;
c. pursuant to a Bona Fide Offer; and
d. in accordance with, and to the extent permitted by, the terms of this agreement and the Housing Agreement.
3. Notice of Bona Fide Offer – If, at any time and from time to time during the Term, the Owner receives a Bona Fide Offer from an Outside Offeror, which Bona Fide Offer the Owner is willing to accept, then the Owner will deliver written notice (the "Notice") to the Town that the Owner has received such Bona Fide Offer, and will deliver to the Town with the Notice a photocopy of such Bona Fide Offer, certified by the Owner to be a true copy.
4. Notice as Offer – The Notice will be deemed to constitute an offer by the Owner to the Town to sell the Land to the Town on and subject to all the terms and conditions set forth in such Bona Fide Offer.
5. Offer Irrevocable – The offer made by the Owner to the Town under section 4 will be irrevocable and may not be withdrawn by the Owner until after the Expiry Time.
6. Acceptance of Offer – Upon receipt of the Notice, the Town will have the exclusive first right, exercisable up to and including but not after the Expiry Time, to deliver to the Owner written notice (the "Acceptance") that the Town will purchase the Land for the price and upon the terms and conditions set forth in such Bona Fide Offer.
7. Contract of Sale and Purchase – Upon receipt by the Owner of the Acceptance, a binding contract of purchase and sale for the Land will be constituted between the Town and the Owner, which contract will be completed in the manner provided in such Bona Fide Offer as if the Town were the Outside Offeror.
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8. Sale to Outside Offeror – If the Owner does not receive the Acceptance before the Expiry Time and the Town does not exercise the Option under Article 2 within the time provided therein, the Town will waive its rights under this right of first refusal, but only if the Owner complies with the following requirements:
a. At least 7 days before completion of the sale pursuant to the Bona Fide Offer, the owner delivers to the Town the following:
i. written proof, satisfactory to the Town, in its sole discretion, that the purchase price payable under the Bona Fide Offer is in compliance with the Housing Agreement;
ii. a signed Form C granting to the Town an option to purchase and a right of first refusal to purchase the Land on the same terms as set out in this agreement (the “New Form C”);
iii. a discharge of this agreement for execution by the Town (the “Discharge”);
iv. undertakings from the solicitor or notary for the Outside Offeror on terms satisfactory to the Town, including to:
A. register the Discharge only concurrently with the registration of the New Form C and in priority to all mortgages and other financial liens, charges and encumbrances, except for any charges in favour of the Town; and
B. promptly following registration of the New Form C, provide to the Town a copy of the Discharge and New Form C bearing registration particulars along with a copy of the vendor’s statement of adjustments with respect to the transaction certified to be a true copy thereof by the lawyer or notary.
If the sale to the Outside Offeror is not so completed, then any subsequent sale to any person or corporation may be made only if all the requirements of this agreement are again complied with, and the option to purchase and right of first refusal under this agreement will survive and continue in full force and effect.
Regular Council Agenda - February 3, 2015 54
ARTICLE 2 – OPTION TO PURCHASE
9. Grant of Option – In consideration of the payment of the $2.00 by the Town to the Owner (the receipt and sufficiency of which the Owner acknowledges), the Owner grants to the Town the sole, exclusive and irrevocable option to purchase the Land free and clear of all liens, claims, charges, encumbrances and legal notations, except for the Permitted Encumbrances (the “Option”).
10. Exercise of Option – The Town may exercise the Option at any time during the Term by delivering notice of the exercise of the Option to the Owner.
11. Restrictions on Exercise of Option – Notwithstanding section 10, the Town may not exercise the Option except if the Owner breaches any of its obligations under the Housing Agreement or unless the Owner has given notice to the Town that it wishes to sell the Land.
12. Binding Agreement – If the Town exercises the Option under section 10, this agreement will become a binding agreement for the purchase and sale of the Land for the Purchase Price, which shall be completed upon the terms and conditions contained in this Article on the date that is 28 days after the date the notice of Option exercise is delivered (the “Completion Date”).
13. Purchase Price – If the Town exercises the Option, the purchase price (the “Purchase Price”), excluding GST, for the Land shall be equal to lesser of (i) the purchase price set out in the Bona Fide Offer (if any) and (ii) the “Maximum Price, Resale” as that term is defined and determined in accordance with the Housing Agreement.
14. Risk – The Land will be at the risk of the Owner until completion of the transfer of the Land to the Town and after completion it will be at the Town’s risk.
15. Adjustments – All adjustments to the Purchase Price in respect of the Land, both incoming and outgoing, usually the subject of adjustment between a vendor and purchaser in connection with the purchase and sale of land, including adjustments of property taxes, utilities and rents, must be made up to and including the Completion Date.
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16. Title and Possession – On the Completion Date, the Owner will:
a. transfer and convey the estate in fee simple of the Land to the Town free and clear of all liens, charges, encumbrances and legal notations except for the Permitted Encumbrances; and
b. give vacant possession of the Land to the Town, subject only to the Permitted Encumbrances.
17. Closing Documents – On or before the Completion Date, the Owner must cause its solicitors to deliver to the Town’s solicitors the following items, in a form and content satisfactory to the Town, acting reasonably, duly executed by the Owner and all other parties thereto and in registrable form wherever appropriate:
a. a freehold transfer conveying title to the Land to the Town, subject only to the Permitted Encumbrances (“Transfer”);
b. the Owner’s statement of adjustments;
c. the Town’s statement of adjustments;
d. a statutory declaration sworn by the Owner certifying that the Owner is a resident of Canada within the meaning under the Income Tax Act (Canada);
e. such further deeds, acts, things, certificates and assurances as may be required in the reasonable opinion of the Town’s solicitors, for more perfectly and absolutely assigning, transferring, conveying and assuring to the Town title to the Land free and clear of all liens, claims, charges, encumbrances and legal notations, other than the Permitted Encumbrances and to assign to the Town the benefit of any of the Permitted Encumbrances.
18. Delivery of Documents – On or before the Completion Date, the Town must deliver to the Owner’s solicitors, the Town’s executed statement of adjustments.
19. Preparation of Documents – The documents contemplated in section 17 will be prepared by the Town’s solicitors, to the extent of preparation is required, and delivered to the Owner’s solicitors at least 3 days before the Completion Date.
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20. Payment in Trust – On or before the Completion Date, the Town must pay the adjusted Purchase Price to the Town’s solicitors and the Owner hereby irrevocably directs the Town to cause the Town’s solicitors to pay the adjusted Purchase Price to the Owner’s solicitors and this direction shall constitute good and sufficient authority for doing so.
21. Registration – Forthwith following the payment in section 20 and after receipt by the Town’s solicitors of the documents and items referred to in section 17, the Town must cause the Town’s solicitors to deposit the Transfer in the applicable Land Title Office (the “LTO”).
22. Payment – Promptly following the deposit referred to in section 21 and upon the Town’s solicitors being satisfied that a search of the property index maintained by the LTO discloses there are no transfers, liens, charges, encumbrances or legal notations, other than the following:
a. the existing title number to the Land;
b. Permitted Encumbrances; and
c. the Transfer;
the Town must cause the Town’s solicitors to deliver to the Owner’s solicitors a trust cheque for the adjusted Purchase Price made payable to the Owner’s solicitors, in trust.
23. Concurrent Requirements – It is a condition of this agreement that all of the requirements of sections 21 and 22 are concurrent requirements and it is agreed that nothing will be completed on the Completion Date until everything required to be paid, executed and delivered on the Completion Date has been so paid, executed and delivered and until the Town’s solicitors have satisfied themselves as to the registration and priority of the Transfer.
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24. Fees and taxes – The Town must pay, as and when due and payable:
a. any property transfer tax payable under the Property Transfer Tax Act (British Columbia);
b. LTO registration fees in connection with the registration of the Transfer;
c. its own legal fees and disbursements; and
d. any GST payable under the Excise Tax Act (Canada) in respect of the Transfer and conveyance of the Land to the Town, with the Town and the Owner agreeing that the Purchase Price does not include GST,
and the Owner must pay its own legal fees and disbursements.
25. Currency and Payment Obligations – All dollar amounts referred to in this agreement are Canadian dollars.
26. Preparation of Documents and Clearing Title – The Town must prepare all necessary conveyancing documentation. At its expense, the Owner must clear title to the Land, subject only to the Permitted Encumbrances.
ARTICLE 3 – MISCELLANEOUS
27. Permitted Encumbrances – In this agreement, “Permitted Encumbrances” means the exceptions and reservations contained in the original Crown grant, any non-financial charges and encumbrances in favour of any government entity or public utility.
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28. Access – The Town, its agents and employees have the licence, exercisable on 24 hours prior written notice to the Owner, to enter upon the Land from time to time during the Term, at the Town’s sole risk and expense, for the purpose of making inspections, surveys, tests and studies of the Land. The Town agrees to:
a. release and indemnify, and hold harmless, the Owner from and against any and all actions, causes of actions, liability, demands, losses, costs and expenses (including legal fees, costs and disbursements) which the Owner or any third party may suffer, incur, be subject to or liable for, arising out of or in any way related to or in connection with the exercise by the Town of its rights under this section; and
b. leave the Land in the same condition as that in which the Town found the Land, including by removing any equipment, refuse or other matter brought on to the Land by the Town or its agents or contractors.
29. Further Assurances – Each of the parties must at all time execute and deliver at the request of the other all such further documents, deeds and instruments, and do and perform such other acts as may be reasonably necessary to give full effect to the intent and meaning of this agreement, including to register this agreement with the LTO in priority to all liens, charges and encumbrances, except for the Permitted Encumbrances, promptly after execution by the parties.
30. Notice – Any notice, direction, demand, approval, certificate or waiver (any of which constitute a “Notice”) which may be or is required to be given under this agreement must be in writing and be delivered or sent by facsimile transmission:
to the Town: Box 340, Gibsons, BC, V0N 1V0, Attention: Director of Planning
to the Owner: to the address set out in the records of the LTO.
Any Notice that is delivered is to be considered given on the day it is delivered and any notice, direction, demand, approval, certificate or waiver that is sent by fax is to be considered given on the day it is sent except that if, in either case, that day is not a business day, it is to be considered given on the next business day after it is sent.
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31. No Effect on Powers – This agreement does not:
a. affect or limit the discretion, rights, duties or powers of the Town or the approving officer for the Town under the common law or any statute, bylaw or other enactment, nor does this agreement create, or is the parties’ intention to create, any implied obligations regarding such discretion, rights, duties or powers;
b. affect or limit the common law or any statute, bylaw or other enactment applying to the Land; or
c. relieve the Owner from complying with any common law or any statute, regulation, bylaw or other enactment.
32. Time of Essence – Time is of essence of this agreement and the conveyance and transfer for which it provides.
33. Tender – Any tender of documents or money may be made upon the parties at their respective addresses set out in this agreement or upon their respective solicitors.
34. No Other Agreements – This agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all representations, warranties, promises and agreements regarding its subject.
35. Benefit – This agreement enures to the benefit of and is binding upon the parties and their respective heirs, executors, administrators, successors and assigns.
36. Schedules – The Schedules to this agreement form an integral part of this agreement.
37. Interpretation – Wherever the singular is used or neuter is used in this agreement, it includes the plural, the feminine, the masculine or body corporate where the context or the parties so required.
38. Governing Law – This agreement will be governed by and construed in accordance with the laws of British Columbia.
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As evidence of their agreement to be bound by the terms of this agreement, the parties have executed under seal the Land Title Act Form C to which this agreement is attached and which forms part of this agreement.
END OF DOCUMENT
Regular Council Agenda - February 3, 2015 61 TOWN OF GIBSONS
BYLAW NO. 1209, 2015
A Bylaw to enter into a Housing Agreement
WHEREAS pursuant to Section 905 of the Local Government Act, the Town may by bylaw enter into a housing agreement under that section;
AND WHEREAS the Town of Gibsons wishes to enter into a housing agreement with respect to that land legally described as Lot 25 DL 689 Plan BCP46718;
NOW THEREFORE the Council of the Town of Gibsons, in open meeting assembled, enacts as follows:
1 Citation
1. This bylaw may be cited for all purposes as “Parkland Housing Agreement Bylaw No. 1209, 2015”.
2 Authorization
2. Council hereby authorizes the Town of Gibsons to enter into a housing agreement under Section 905 of the Local Government Act, with respect to the land legally described as Lot 25 DL 689 Plan BCP46718, Parcel Identifier 028-406-303, in the form attached as Appendix 1 to this bylaw.
3. The Mayor and Corporate Officer are authorized to execute, on behalf of the Town, the housing agreement and all further documents necessary or desirable to give effect to the housing agreement and to file in the Land Title Office a notice of the housing agreement as required by the section 905(5) of the Local Government Act.
READ A FIRST TIME this day of 2015
READ A SECOND TIME this day of 2015
READ A THIRD TIME this day of 2015
ADOPTED this day of 2015
______Mayor Corporate Officer
Regular Council Agenda - February 3, 2015 62 APPENDIX 1 HOUSING AGREEMENT
Regular Council Agenda - February 3, 2015 63 TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT AND SECTION 905 HOUSING AGREEMENT
THIS AGREEMENT dated for reference the ___ day of ______, 201__ is
BETWEEN:
Harnick Holdings Ltd. (Inc. No. ______), and having a postal address at Box 1768, Gibsons, BC, V0N 1V0
(the “Owner”)
AND:
TOWN OF GIBSONS, a municipal corporation pursuant to the laws of British Columbia and having a postal address at Box 340, Gibsons, BC, V0N 1V0
(the “Town”)
WHEREAS:
A. The Owner is the registered owner in fee simple of the lands in Gibsons, British Columbia, legally described in Item 2 of Part 1 of the Land Title Act Form C to which this agreement is attached and which forms part of this agreement (the “Land”);
B. As a condition of the Town rezoning the Land to permit a higher density of development thereon, the Owner has consented to the designation of certain dwelling units for affordable housing for low-income individuals and families;
C. Pursuant to Section 905 of the Local Government Act, the Town may, by bylaw, enter into a housing agreement with an owner of land, which agreement may include terms and conditions regarding the occupancy, tenure, and availability of the dwelling units identified in the agreement;
D. Section 219 of the Land Title Act permits the registration of a covenant of a negative or positive nature in favour of the Town in respect of the use of land, construction on land, or the subdivision of land;
E. The Owner and the Town wish to enter into this agreement to provide for the construction, use, and occupancy of five (5) dwelling units for families with below median household incomes, and the parties agree that this agreement is both a covenant under Section 219 of the Land Title Act and a housing agreement under Section 905 of the Local Government Act;
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This agreement is evidence that in consideration of $2.00 paid by the Town to the Owner (the receipt of which is acknowledged by the Owner), and in consideration of the promises exchanged below, the Owner and the Town covenant and agree, pursuant to section 905 of the Local Government Act and section 219 of the Land Title Act, as follows:
ARTICLE 1 INTERPRETATION
Definitions
1.1 In this agreement the following words have the following meanings:
(a) “Affordable Housing Unit” means a Dwelling Unit on the Land that is specifically designated for the residential use of a single household by a Qualified Purchaser and that person’s Family;
(b) “Appraisal” means an appraisal prepared by an Appraiser to determine the Fair Market Value of an Affordable Housing Unit, obtained in accordance with Article 3 of this agreement;
(c) “Appraiser” means an appraiser accredited by the Appraisal Institute of Canada;
(d) “Approved Not-for-Profit” means a not-for-profit organization that is registered and in good standing pursuant to the Society Act (British Columbia), has a housing- related mandate, and is otherwise acceptable to the Town, acting reasonably;
(e) “Arm’s Length” has the same meaning as that term has in the Income Tax Act (Canada);
(f) “Consumer Price Index” means the All-items Consumer Price Index for Vancouver, as compiled and published by Statistics Canada or its successor in function;
(g) “Discharge Fee” means an amount equal to the difference between the Maximum Price, Resale and the Fair Market Value of the Affordable Housing Unit;
(h) “Dispose” means to transfer by any method, and includes assign, give, sell, grant, charge, convey, bequeath, devise, divest, and agree to do any of those things;
(i) “Dwelling Unit” means a room or set of rooms containing cooking and sanitary facilities and designed to be used for residential occupancy by one or more persons;
(j) “Fair Market Value” means the purchase price from time to time which a willing purchaser would pay to a willing vendor, where those parties are dealing at Arm’s Length from one another, for an Affordable Housing Unit, unencumbered with the exception of any encumbrances approved in writing by the Town, as determined by an Appraisal;
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(k) “Family” means individuals related by blood, marriage, adoption, common law marriage, or foster parenthood, or cohabitating with them in an opposite sex or same sex spousal relationship;
(l) “First Purchaser” means the person to whom the interest in an Affordable Housing Unit is first transferred after issuance of the occupancy permit for the Affordable Housing Unit;
(m) “First Sale” means the first transfer of the Affordable Housing Unit from the original Owner to the First Purchaser;
(n) “Gross Floor Area” means the habitable gross floor area of an Affordable Housing Unit and includes enclosed sunrooms but does not include crawl spaces, open patios, open balconies, or parking spaces. If the Affordable Housing Unit is a strata lot as defined by the Strata Property Act, the gross floor area measurements will be based on the gross floor area shown corresponding to the Affordable Housing Unit on the strata plan filed in the LTO (as hereinafter defined) in respect of the Land. If the Affordable Housing Unit is not a strata lot as defined in the Strata Property Act, the gross floor area measurements will be made in accordance with the procedure for determining gross floor area set out in the Strata Property Act as if the Affordable Housing Unit were a strata lot;
(o) “Housing Criteria” means the scoring and ranking system to be applied by the Qualified Body from time to time;
(p) “LTO” means the Vancouver Land Title Office;
(q) “Market Units” means the residential Dwelling Units to be constructed on the Land that are not to be Affordable Housing Units, as shown on Schedule A;
(r) “Maximum Price, First Sale” means the sale price for the sale of an Affordable Housing Unit to the First Purchaser being $ 209,000 for units 1 and 2, $ 149,000 for unit 3, $239,000 for units4 and 5. In addition to the Maximum Price, First Sale, the Owner that sells an Affordable Housing Unit to the First Purchaser will be entitled to charge the First Purchaser the net GST payable by the First Purchaser and the fee paid by the Owner to obtain the home warranty insurance required by the Homeowner Protection Act (British Columbia);
(s) “Maximum Price, Resale” means the Previous Sale Price plus 25% of the increase in the Fair Market Value of the Affordable Housing Unit since the Previous Sale, as determined by one or more Appraisals obtained in accordance with Article 3 of this agreement;
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(t) “Maximum Rent” means 30% of the housing income limit set by BC Housing or its successor in function from time to time and applicable to the particular Affordable Housing Unit based on its size, location, and number of bedrooms, divided by 12 and payable on a monthly basis;
(u) “Option/RFR” means the Option to Purchase and Right of First Refusal in favour of the Town in the form attached hereto as Schedule B;
(v) “Previous Sale” means the last transfer of the Affordable Housing Unit;
(w) “Previous Sale Price” means the sale price of the Previous Sale;
(x) “Qualified Purchaser” means an individual who meets the Housing Criteria as established and applied by the Qualifying Body and who wishes to purchase and occupy the Affordable Housing Unit;
(y) “Qualifying Body” means the Town or other body or entity designated by the Town for the purpose of administering this agreement;
(z) “Tenancy Agreement” means a tenancy agreement, lease, license, or other agreement granting rights to occupy an Affordable Housing Unit.
Interpretation
1.2 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;
(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 replaced, unless otherwise expressly provided;
(f) reference to a “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; and
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(g) reference to a “day,” “month,” or “year” is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided.
ARTICLE 2 USE OF LAND AND CONSTRUCTION AND USE OF AFFORDABLE HOUSING UNITS
Development of Land
2.1 The Owner covenants and agrees with the Town:
(a) the Land shall not be developed, and no building or structure shall be constructed on the Land, unless as part of the development of and construction on the Land the Owner also constructs to completion, in accordance with a building permit issued by the Town and in accordance with any development permit issued by the Town, at least five (5) Affordable Housing Units on the Land, which Affordable Housing Units shall be constructed and finished to at least the same standard and quality of construction and finishing as for the Market Units, unless lower-cost options for appliances and fixtures are otherwise approved in writing by the Qualifying Body;
(b) the Land shall not be subdivided except by registration in the LTO of a subdivision plan in a form substantially as proposed and shown on Schedule A;
(c) the Affordable Housing Units shall have at least the Gross Floor Area listed, and shall be located on the Land, as proposed and shown on Schedule A;
(d) the Owner will at all times ensure that the Land is used and occupied in compliance with all statutes, laws, regulations, and orders of any authority having jurisdiction and without limiting the generality of the foregoing all bylaws of the Town and all federal, provincial, municipal, or local laws, statutes, or ordinances relating to environmental matters, including all rules, regulations, policies, guidelines, criteria, or the like promulgated under or pursuant to any such laws; and
(e) the Owner will do everything necessary, at the Owner’s expense, to ensure that this agreement will be registered against title to the Land in priority to all charges and encumbrances which may have been registered or are pending registration against title to the Land, save and except those specifically approved in writing by the Town or in favour of the Town.
No Occupancy
2.2 No building or structure on the Land may be occupied or used for any purpose until and unless:
(a) the Land is subdivided in the manner permitted by section 2.1(b);
(b) all of the Affordable Housing Units have been constructed in accordance with section 2.1 and the Town has issued occupancy permits for all of the Affordable Housing Units; and
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(c) the Owner has granted to the Town the Option/RFR and registered the Option/RFR against title to the Affordable Housing Units in the LTO, in priority to all financial liens, charges, encumbrances and legal notations (including options to purchase, rights of first refusal, and leases).
Partial Discharge
2.3 If the Owner has satisfied all of the requirements of section 2.1 and 2.2 of this agreement and is not (at the time of the request referenced further in this paragraph) in breach of any of its obligations hereunder, the Town shall, at the request of the Owner and at the Owner’s sole expense, execute and deliver to the Owner discharges of this agreement in registrable form, discharging this agreement for each Dwelling Unit that:
(a) is a separate legal parcel; and
(b) is not an Affordable Housing Unit,
provided that, where the Land is subdivided under the Strata Property Act, the Town may withhold delivery of any discharges required to be delivered pursuant to this section until after the Town has received from the strata corporation its duly authorized agreement that it will not take any action that would result in an inability to rent the Affordable Housing Units in accordance with Article 4 of this agreement or would render such rental a breach of the strata corporation bylaws.
2.4 This agreement shall apply separately to each and every Affordable Housing Unit to be constructed and created on the Land, as proposed and shown on Schedule A.
Use and Occupancy of Affordable Housing Units
2.5 Each Affordable Housing Unit:
(a) may only be used as a permanent residence; and
(b) must only be occupied by a Qualified Occupant who is the registered owner of the Affordable Housing Unit, as shown on title to the Affordable Housing Unit in the LTO, and his or her Family, unless the Owner is an Approved Not-for-Profit, in which case the Affordable Housing Unit may be rented in accordance with Article 4 below.
ARTICLE 3 SALE OF AFFORDABLE HOUSING UNITS
Sale of Affordable Housing Units
3.1 The Owner shall not sell or otherwise Dispose of an Affordable Housing Unit except in accordance with the terms and conditions set out in this agreement, the Option/RFR, and any resale policies of the Town.
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3.2 The Owner shall not accept any offer to purchase or otherwise acquire an Affordable Housing Unit, nor sell or otherwise Dispose of an Affordable Housing Unit, except to a Qualified Purchaser or an Approved Not-for-Profit.
3.3 The Owner shall not accept any offer to purchase or otherwise acquire the Affordable Housing Unit, nor sell or otherwise Dispose of the Affordable Housing Unit, for a purchase price exceeding the Maximum Price, Resale, unless the sale is the First Sale in which case the Owner shall not accept any offer to purchase or otherwise acquire the Affordable Housing Unit, nor sell or otherwise Dispose of the Affordable Housing Unit, for a purchase price exceeding the Maximum Price, First Sale.
3.4 The Owner shall give prior written notice of this agreement to any person to whom it proposes to Dispose of an interest in an Affordable Housing Unit.
Notice of Intention to Sell
3.5 If at any time the Owner wishes to sell or otherwise Dispose of the Affordable Housing Unit, the Owner will give the Town written notice of the Owner’s intention to do so (the “Notice of Intention to Sell”).
Determination of Sale Price
3.6 Within 7 days after the Owner delivers the Notice of Intention to Sell to the Town, the Owner shall retain an Appraiser acceptable to the Town to undertake an Appraisal (the “Owner Appraisal”) in order to determine the Fair Market Value of the Affordable Housing Unit as at the date of the Notice of Intention to Sell, and the Owner shall deliver a copy of the Owner Appraisal to the Town within 7 days of receiving it from the Appraiser. The Owner shall pay all costs of the Owner Appraisal.
3.7 If the Town agrees that the Fair Market Value of the Affordable Housing Unit is as shown in the Owner Appraisal, the Town shall, within 7 days of receiving the Owner Appraisal, deliver notice to the Owner that the Maximum Price, Resale, is equal to the Previous Sale Price plus 25% of the increase in Fair Market Value from the time of the Previous Sale, as determined by comparing the Owner Appraisal to the Appraisal obtained at the time of the Previous Sale. For certainty, if the Fair Market Value is the same or less than the Previous Sale price, the Maximum Price, Resale will be considered to be the same as the Fair Market Value.
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3.8 If the Town does not agree that the Fair Market Value of the Affordable Housing Unit is as shown in the Owner Appraisal, the Town shall, within 7 days of receiving the Owner Appraisal, give notice to the Owner that the Town intends to retain its own Appraiser to undertake an Appraisal (the “Town Appraisal”) in order to determine the Fair Market Value of the Affordable Housing Unit as at the date of the Notice of Intention to Sell, in which case the Town shall, within 7 days of receiving the Town Appraisal, deliver a copy of the Town Appraisal to the Owner together with notice that the Maximum Price, Resale, is equal to the Previous Sale Price plus 25% of the increase in Fair Market Value from the time of the Previous Sale, as determined by comparing the average of the Owner Appraisal and the Town Appraisal to the Appraisal obtained at the time of the Previous Sale. The Town shall pay all costs of the Town Appraisal.
3.9 If the Town does not give notice to the Owner within 7 days of the receiving the Owner Appraisal that the Town intends to obtain its own Appraisal, or if the Town does not deliver a copy of the Town Appraisal to the Owner within 30 days after giving such notice, the Owner Appraisal shall be used to determine the Fair Market Value of the Affordable Housing Unit and the Maximum Price, Resale shall be determined using the Owner Appraisal in accordance with section 3.7.
3.10 For clarity, while the Owner is required to obtain an Appraisal at the time of the First Sale, no portion of the Fair Market Value of the Affordable Housing Unit as determined by that Appraisal will be added to the Maximum Price, First Sale.
3.11 The Maximum Price, Resale, as determined in accordance with section 3.7 or 3.8 above, shall be effective for a period of 6 months, commencing on delivery of notice by the Town to the Owner of the applicable Maximum Price, Resale, and the Owner may sell the Affordable Housing Unit for that price during that 6 month period. Upon expiry of such 6 month period, if the Owner still wishes to sell the Affordable Housing Unit, the Owner must again give a Notice of Intention to Sell to the Town under section 3.5 and trigger the foregoing process.
List of Qualified Purchasers
3.12 Upon receipt of the Notice of Intention to Sell, the Town shall prepare a list of Qualified Purchasers in priority order and shall provide the Owner with such list within 60 days of the Notice and, following determination of the Maximum Price, Resale, in accordance with this Article 3, the Owner shall seek offers from the listed Qualified Purchasers in priority order. The Town may amend the list from time to time upon notice to the Owner.
Qualifying Body
3.13 The Town may designate another body or entity for the purposes of administering this agreement on behalf of the Town, including with respect to the preparation of the list of Qualified Purchasers.
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Lack of Offers
3.14 If:
(a) the Town does not provide the Owner with a list of Qualified Purchasers within the time specified above, or
(b) the Owner does not receive any offer from a Qualified Purchaser on the list of Qualified Purchasers provided by the Town (as that list may be updated from time to time) equal to the Maximum Price, Resale (or if the sale is the First Sale, equal to the Maximum Price, First Sale) within 6 months following the date the Town initially delivers that list to the Owner,
the Owner may sell the Affordable Housing Unit in accordance with section 3.16.
3.15 If the Owner receives an offer from a Qualified Purchaser, but the sale to that purchaser does not complete for any reason, and the Owner still wishes to sell the Affordable Housing Unit, the Owner must again give a Notice of Intention to Sell to the Town under section 3.5 and trigger the foregoing process, except that the Maximum Price, Resale determined pursuant to section 3.7 or 3.8 shall remain effective for the remainder of the 6 month period specified in section 3.11.
3.16 Where this section applies, the Owner may sell the Affordable Housing Unit to a purchaser who is neither a Qualified Purchaser nor an Approved Not-For-Profit, who is at Arm’s Length to the Owner, if the Owner pays to the Town the Discharge Fee. Upon receipt of the Discharge Fee or undertakings from the Owner’s solicitors, satisfactory to the Town, ensuring the payment of the Discharge Fee to the Town, the Town shall execute discharges of this agreement from title to the Affordable Housing Unit (which discharges shall be prepared and registered by and at the expense of the Owner). For the purposes of calculating the Discharge Fee, the parties shall use the average of the Fair Market Value determined by the Owner Appraisal and the Fair Market Value determined by the Town Appraisal, unless the Town has accepted the Owner Appraisal under section 3.7 in which case the Owner Appraisal alone shall be used for the purpose of calculating the applicable Discharge Fee. For certainty, the Discharge Fee in any case shall not be less than $0.00.
Delivery of Sale Contract
3.17 If the Owner enters into a binding contract of purchase and sale with a Qualified Purchaser (the “Sale Contract”), the Owner will immediately provide a copy of the Sale Contract to the Town.
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Terms to be Included in Every Sale Contract
3.18 The Owner will not sell the Affordable Housing Unit to a buyer unless the Sale Contract:
(a) is in writing;
(b) is subject to the Town determining and notifying the Owner in writing, within a period of 10 days after the Town receives a true copy of the Sale Contract, that the Owner has complied with the requirements of this Article 3 and that the buyer is a Qualified Purchaser or Approved Not-for-Profit, failing which the Sale Contract will be null and void;
(c) includes a statement that the buyer agrees to purchase the Affordable Housing Unit subject to this agreement; and
(d) requires the buyer to grant to the Town a new Option/RFR upon the terms and conditions attached as Schedule B, which Option/RFR shall be registered concurrently with the Form A Transfer transferring the Affordable Housing Unit to the buyer and a discharge of the existing Option/RFR.
3.19 The Town shall not be obligated to review or make any determination with respect to a Sale Contract pursuant to section 3.18(b) above if the date of receipt by the Town of a true copy of the Sale Contract and any other information required by the Town in order to complete such review or make such determination is provided after expiry of the 6 month period during which the Owner may sell the Affordable Housing Unit for the Maximum Price, Resale determined in accordance with section 3.7 or 3.8.
Marketing Obligations
3.20 The Qualifying Body shall be responsible for endeavouring to find candidates for purchaser of the Affordable Housing Units and the Owner shall be responsible for the sales of the Affordable Housing Units. The Owner shall cooperate with the Qualifying Body in endeavouring to find purchasers for the Affordable Housing Units, to the satisfaction of the Town, failing which the Owner will not be entitled to sell the Affordable Housing Unit in accordance with section 3.16.
3.21 The Qualifying Body will initiate the selection process for the First Sale 4 months before the expected issuance of an occupancy permit for the Affordable Housing Unit and will endeavour to provide a list of eligible candidates, listed in priority order, to the Owner at least 2 months before expected issuance of an occupancy permit for the Affordable Housing Unit. The Owner will offer the Affordable Housing Unit only to eligible candidates in priority order.
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ARTICLE 4 RENTAL OF AFFORDABLE HOUSING UNIT
4.1 The Owner must not rent or lease any Affordable Housing Unit unless the Owner is an Approved Not-for-Profit and then only to a Qualified Occupant in accordance with section 2.5 and in accordance with the following additional conditions:
(a) the Affordable Housing Unit will be used or occupied only pursuant to a Tenancy Agreement;
(b) the term of the Tenancy Agreement shall not exceed 1 year;
(c) the monthly rent payable for the Affordable Housing Unit will not exceed the Maximum Rent;
(d) the Owner will not require the Tenant to pay any extra charges or fees for use of any common property, limited common property, or other common area, or for sanitary sewer, storm sewer, water utilities, strata fees, or property taxes. For clarity, this section does not apply to cablevision, telephone, Internet, gas utility, or electric utility fees or charges;
(e) the Owner will attach a copy of this agreement to the Tenancy Agreement;
(f) the Owner will include in the Tenancy Agreement a clause requiring the Tenant to comply with the use and occupancy restrictions contained in section 2.5 of this agreement;
(g) the Owner will include in the Tenancy Agreement a clause entitling the Owner to terminate the Tenancy Agreement in accordance with the Residential Tenancy Act if the Tenant uses or occupies, or allows use or occupation of, the Affordable Housing Unit in breach of the use and occupancy restrictions contained in this agreement;
(h) the Tenancy Agreement will provide that the Tenant will not sublease the Affordable Housing Unit or assign the Tenancy Agreement, without the consent of the Owner and the Town; and
(i) the Owner will deliver a copy of the Tenancy Agreement to the Town upon demand from time to time.
4.2 The Owner will terminate the Tenancy Agreement where the tenant uses or occupies, or allows use or occupation of an Affordable Housing Unit in breach of this agreement, such termination to be in accordance with the terms of the Tenancy Agreement and the Residential Tenancy Act.
4.3 The Town may, in its sole discretion, provide written consent to the Owner from time to time to do something that is otherwise not permitted under this agreement, on such terms and conditions as the Town considers desirable.
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4.4 The Owner will be solely responsible for screening tenants to determine whether or not they qualify to occupy the Affordable Housing Unit in accordance with this agreement.
ARTICLE 5 ENFORCEMENT
Order to Comply
5.1 If the Owner is in default of the performance or observance of this Agreement, the Town may give the Owner a notice of default specifying the nature of the default and requiring the Owner to comply with this Agreement within the time stated in the notice (the “Order to Comply”).
Exercise of Option to Purchase
5.2 If the Owner fails to comply with the Order to Comply then the Town may, in addition to any other remedy available to it, give the Owner notice of intention to exercise the option to purchase under the Option/RFR.
Specific Performance
5.3 The Owner 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 Court of British Columbia at the instance of the Town, in the event of an actual or threatened breach of this agreement.
No Obligation to Enforce
5.4 The rights given to the Town by this agreement are permissive only and nothing in this agreement imposes any legal duty of any kind on the Town to any one, or obliges the Town to enforce this agreement, to perform any act, or to incur any expense in respect of this agreement.
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ARTICLE 6 GENERAL
Notice of Housing Agreement
6.1 For clarity, the Owner acknowledges and agrees that:
6.2 this agreement constitutes a housing agreement entered into under section 905 of the Local Government Act;
6.3 the Town is required to file a notice of housing agreement in the LTO against title to the Land and each Affordable Housing Unit;
6.4 once such notice is filed, this agreement binds all persons who acquire an interest in the Land or an Affordable Housing Unit as a housing agreement under section 905 of the Local Government Act.
No Effect on Laws or Powers
6.5 This agreement does not:
(a) affect or limit the discretion, rights, duties or powers of the Town or the approving officer for the Town 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 Land or an Affordable Housing Unit; or
(c) relieve the Owner from complying with any common law or any statute, regulation, bylaw or other enactment.
Indemnity
6.6 The Owner hereby releases the Town, and indemnifies and saves the Town harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), costs (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 Owner of this agreement that the Town is or may become liable for, incur or suffer.
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Priority
6.7 The Owner shall do everything necessary, at the Owner’s expense, to ensure that this agreement shall be registered against title to the Land in priority to all liens, charges and encumbrances registered or pending registration against title to the Land, save and except those approved in writing by the Town or in favour of the Town.
Waiver
6.8 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.
Further Acts
6.9 The Owner shall do everything reasonably necessary to give effect to the intent of this agreement, including execution of further instruments.
Severance
6.10 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
6.11 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.
Enurement
6.12 This agreement binds the parties to it and their respective successors, heirs, executors and administrators.
As evidence of their agreement to be bound by the above terms, the parties each have executed and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement.
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PRIORITY AGREEMENT
______(the “Chargeholder”) being the holder of Mortgage No. ______and Assignment of Rents ______(together, the “Charges”);
The Chargeholder, in consideration of the premises and the sum of One Dollar ($1.00) now paid to the Chargeholder by the Owner, hereby approves of, joins in and consents to the granting of the within Agreement and covenants and agrees that the same shall be binding upon its interest in or charge upon the Land and shall be an encumbrance upon the Land prior to the Charges in the same manner and to the same effect as if it had been dated and registered prior to the Charges.
IN WITNESS WHEREOF the Chargeholder has executed this Agreement on Form D to which this Agreement is attached and which forms part of this Agreement.
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SCHEDULE A
CONCEPT PLANS DATED August 10, 2013
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LOT 25 42% site coverage
2 townhouise 2 bdrm units 2 aparbnent-type 2 bdrm units 1 carriage house 1 bdrm unit 5 garage bays
¢-'-.¢.'-..- ~ ~"~ " 1· I I ..... -I I I ...... I I I ..... ·- I I I I 1 I I CARRlAGECARRIAGE HOME I·- I 2 BeDROOMBEDROOM I1 I APARTMENT-TYPEAPARTMENT-fYPE UNITS ·- I1 I I - I I L.L_:!LL -:~
2 BEOROOM8EOROOIvI TOlMJHOLJS~TOWNHOUSE DUPLEX UNITS 5ETBACSETBAC"K
PARKLAND site concept
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EAST
NORTH
LOT 25 PARKLAND trip/ex
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UNIT 1 -"''"c ",'"- Main leveLevel .,,s- 2 Bedroom " 1 Bath 1J;'" 935 sqft 5, '"0 '"
o
MAIN LEVEL
:r== lID I!" ,0 1 m -- - -,
UPPER LEVEL
Entry = 111 sqffsqft Entry = 98 sqft Upper = 973 sqff Upper = 760 sqft 2 Bedroom 1 Bedroom 1 Bath 1 Bath 1084 sqft 858 sqft UNIT2 UNIT 3
LOT 25 PARKLAND trip/ex
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UNIT 4 2 Bedroom 1 1/2 8athBath 1293 sqft Main = 774 sqft Upper = 519 sqft
Living "''''''''''4'".''',., .. ,.~
MAMAIIN LEVEL
, ! . ! ~ '~-l "~ ~ ,- .-._,I OJ MaMasterster 9 ' ~§~60dWm 9 ~ ~ ~'''''.! li""~I"'" ~ ...""",,,,,,.!.. I''''-' ..... ~ .."" ._ , - ,j'1 .. .. . Main = 774 sqft __ I '-'. J Iii! ,,\. _. !i11 Upper = 519 sqft -- 2 Bedroom 1 112 Bath 11293293 sqft UPPER LEVEL UNIT 5
LOT 25 PARKLAND duplexduplex
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SCHEDULE B – OPTION/RFR
TERMS OF INSTRUMENT – PART 2
OPTION TO PURCHASE & RIGHT OF FIRST REFUSAL
THIS AGREEMENT dated for reference ______, is
BETWEEN: TOWN OF GIBSONS, a municipal corporation having an office at Box 340,
Gibsons, BC, V0N 1V0
(the “Town”)
AND: ______
(the “Owner”)
GIVEN THAT:
A. The Owner is the owner of the land, and all improvements thereto legally described in section 2 of page 1 of the Land Title Act Form C to which this agreement is attached (the “Land”), and for the purposes of the provisions herein, the Land may mean one or more parcels comprising the Land to which the Option to Purchase herein is registered;
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B. The Owner has entered into a housing agreement with the Town under section 905 of the Local Government Act imposing certain restrictions regarding the occupancy and disposition of the Land, notice of which has been filed in the LTO and shown as a legal notation on title to the Land in the LTO (the “Housing Agreement”);
C. In order to ensure that the Land is occupied and disposed of in accordance with the Housing Agreement, the Owner wishes to grant to the Town a right of first refusal and an option to purchase the Land on the following terms and conditions.
THIS AGREEMENT is evidence that in consideration of the payment of $2.00 paid by the Town to the Owner and other good and valuable consideration (the receipt and sufficiency of which the Owner acknowledges), the Owner and the Town agree as follows:
ARTICLE 1 – RIGHT OF FIRST REFUSAL
1. Definitions – In addition to any terms defined elsewhere in this agreement, in this agreement the following terms have the following meanings:
a. "Arm's-length" has the same meaning as that term has in the Income Tax Act (Canada);
b. "Bona Fide Offer" means an offer to purchase the Land:
i. in writing,
ii. signed by an Outside Offeror (as hereinafter defined),
iii. only in its entirety and chattels pertaining thereto and no other property, rights or assets,
iv. free and clear of any liens, charges and encumbrances other than the Permitted Encumbrances (as defined in section 27),
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v. in a form legally enforceable against the Outside Offeror and subject to no conditions other than that the Town waive its rights under this right of first refusal, and except subject to financing (if required by the Outside Offeror),
vi. providing for a deposit of not less than 10% of the proposed purchase price after removal of all conditions,
vii. confirming that the Outside Offeror has read and understood the terms of the Housing Agreement and all other charges in favour of the Town that are registered in the LTO against the Land and that the Outside Offeror agrees to be bound by the owner’s obligations pursuant to such charges,
viii. providing that if the Town does not exercise its right to purchase the Land under section 6, or the Option under Article 2, the Outside Offeror will grant to the Town an option to purchase and right of first refusal to purchase the Land upon the same terms and conditions as are set forth in this agreement;
c. "Business Day" means Monday to Friday inclusive except for those days declared by lawful authority as holidays, excluding any day that the land title office is not open for business;
d. “Expiry Time" with respect to any offer made by the Owner to the Town under section 4, will be 4:30 p.m. on the twenty-eighth calendar day after the receipt by the Town of the notice and other documents required to be provided under section 3, provided that in determining such time the day such offer is received by the Town will be excluded; and
e. "Outside Offeror" means a purchaser or prospective purchaser who deals at Arm's- length with the Owner.
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2. Restrictions on Sale – The Owner will not sell, transfer or otherwise convey or offer to sell, transfer or otherwise convey the Land except:
a. for consideration payable entirely in lawful money of Canada;
b. to an Outside Offeror;
c. pursuant to a Bona Fide Offer; and
d. in accordance with, and to the extent permitted by, the terms of this agreement and the Housing Agreement.
3. Notice of Bona Fide Offer – If, at any time and from time to time during the Term, the Owner receives a Bona Fide Offer from an Outside Offeror, which Bona Fide Offer the Owner is willing to accept, then the Owner will deliver written notice (the "Notice") to the Town that the Owner has received such Bona Fide Offer, and will deliver to the Town with the Notice a photocopy of such Bona Fide Offer, certified by the Owner to be a true copy.
4. Notice as Offer – The Notice will be deemed to constitute an offer by the Owner to the Town to sell the Land to the Town on and subject to all the terms and conditions set forth in such Bona Fide Offer.
5. Offer Irrevocable – The offer made by the Owner to the Town under section 4 will be irrevocable and may not be withdrawn by the Owner until after the Expiry Time.
6. Acceptance of Offer – Upon receipt of the Notice, the Town will have the exclusive first right, exercisable up to and including but not after the Expiry Time, to deliver to the Owner written notice (the "Acceptance") that the Town will purchase the Land for the price and upon the terms and conditions set forth in such Bona Fide Offer.
7. Contract of Sale and Purchase – Upon receipt by the Owner of the Acceptance, a binding contract of purchase and sale for the Land will be constituted between the Town and the Owner, which contract will be completed in the manner provided in such Bona Fide Offer as if the Town were the Outside Offeror.
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8. Sale to Outside Offeror – If the Owner does not receive the Acceptance before the Expiry Time and the Town does not exercise the Option under Article 2 within the time provided therein, the Town will waive its rights under this right of first refusal, but only if the Owner complies with the following requirements:
a. At least 7 days before completion of the sale pursuant to the Bona Fide Offer, the owner delivers to the Town the following:
i. written proof, satisfactory to the Town, in its sole discretion, that the purchase price payable under the Bona Fide Offer is in compliance with the Housing Agreement;
ii. a signed Form C granting to the Town an option to purchase and a right of first refusal to purchase the Land on the same terms as set out in this agreement (the “New Form C”);
iii. a discharge of this agreement for execution by the Town (the “Discharge”);
iv. undertakings from the solicitor or notary for the Outside Offeror on terms satisfactory to the Town, including to:
A. register the Discharge only concurrently with the registration of the New Form C and in priority to all mortgages and other financial liens, charges and encumbrances, except for any charges in favour of the Town; and
B. promptly following registration of the New Form C, provide to the Town a copy of the Discharge and New Form C bearing registration particulars along with a copy of the vendor’s statement of adjustments with respect to the transaction certified to be a true copy thereof by the lawyer or notary.
If the sale to the Outside Offeror is not so completed, then any subsequent sale to any person or corporation may be made only if all the requirements of this agreement are again complied with, and the option to purchase and right of first refusal under this agreement will survive and continue in full force and effect.
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ARTICLE 2 – OPTION TO PURCHASE
9. Grant of Option – In consideration of the payment of the $2.00 by the Town to the Owner (the receipt and sufficiency of which the Owner acknowledges), the Owner grants to the Town the sole, exclusive and irrevocable option to purchase the Land free and clear of all liens, claims, charges, encumbrances and legal notations, except for the Permitted Encumbrances (the “Option”).
10. Exercise of Option – The Town may exercise the Option at any time during the Term by delivering notice of the exercise of the Option to the Owner.
11. Restrictions on Exercise of Option – Notwithstanding section 10, the Town may not exercise the Option except if the Owner breaches any of its obligations under the Housing Agreement or unless the Owner has given notice to the Town that it wishes to sell the Land.
12. Binding Agreement – If the Town exercises the Option under section 10, this agreement will become a binding agreement for the purchase and sale of the Land for the Purchase Price, which shall be completed upon the terms and conditions contained in this Article on the date that is 28 days after the date the notice of Option exercise is delivered (the “Completion Date”).
13. Purchase Price – If the Town exercises the Option, the purchase price (the “Purchase Price”), excluding GST, for the Land shall be equal to lesser of (i) the purchase price set out in the Bona Fide Offer (if any) and (ii) the “Maximum Price, Resale” as that term is defined and determined in accordance with the Housing Agreement.
14. Risk – The Land will be at the risk of the Owner until completion of the transfer of the Land to the Town and after completion it will be at the Town’s risk.
15. Adjustments – All adjustments to the Purchase Price in respect of the Land, both incoming and outgoing, usually the subject of adjustment between a vendor and purchaser in connection with the purchase and sale of land, including adjustments of property taxes, utilities and rents, must be made up to and including the Completion Date.
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16. Title and Possession – On the Completion Date, the Owner will:
a. transfer and convey the estate in fee simple of the Land to the Town free and clear of all liens, charges, encumbrances and legal notations except for the Permitted Encumbrances; and
b. give vacant possession of the Land to the Town, subject only to the Permitted Encumbrances.
17. Closing Documents – On or before the Completion Date, the Owner must cause its solicitors to deliver to the Town’s solicitors the following items, in a form and content satisfactory to the Town, acting reasonably, duly executed by the Owner and all other parties thereto and in registrable form wherever appropriate:
a. a freehold transfer conveying title to the Land to the Town, subject only to the Permitted Encumbrances (“Transfer”);
b. the Owner’s statement of adjustments;
c. the Town’s statement of adjustments;
d. a statutory declaration sworn by the Owner certifying that the Owner is a resident of Canada within the meaning under the Income Tax Act (Canada);
e. such further deeds, acts, things, certificates and assurances as may be required in the reasonable opinion of the Town’s solicitors, for more perfectly and absolutely assigning, transferring, conveying and assuring to the Town title to the Land free and clear of all liens, claims, charges, encumbrances and legal notations, other than the Permitted Encumbrances and to assign to the Town the benefit of any of the Permitted Encumbrances.
18. Delivery of Documents – On or before the Completion Date, the Town must deliver to the Owner’s solicitors, the Town’s executed statement of adjustments.
19. Preparation of Documents – The documents contemplated in section 17 will be prepared by the Town’s solicitors, to the extent of preparation is required, and delivered to the Owner’s solicitors at least 3 days before the Completion Date.
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20. Payment in Trust – On or before the Completion Date, the Town must pay the adjusted Purchase Price to the Town’s solicitors and the Owner hereby irrevocably directs the Town to cause the Town’s solicitors to pay the adjusted Purchase Price to the Owner’s solicitors and this direction shall constitute good and sufficient authority for doing so.
21. Registration – Forthwith following the payment in section 20 and after receipt by the Town’s solicitors of the documents and items referred to in section 17, the Town must cause the Town’s solicitors to deposit the Transfer in the applicable Land Title Office (the “LTO”).
22. Payment – Promptly following the deposit referred to in section 21 and upon the Town’s solicitors being satisfied that a search of the property index maintained by the LTO discloses there are no transfers, liens, charges, encumbrances or legal notations, other than the following:
a. the existing title number to the Land;
b. Permitted Encumbrances; and
c. the Transfer;
the Town must cause the Town’s solicitors to deliver to the Owner’s solicitors a trust cheque for the adjusted Purchase Price made payable to the Owner’s solicitors, in trust.
23. Concurrent Requirements – It is a condition of this agreement that all of the requirements of sections 21 and 22 are concurrent requirements and it is agreed that nothing will be completed on the Completion Date until everything required to be paid, executed and delivered on the Completion Date has been so paid, executed and delivered and until the Town’s solicitors have satisfied themselves as to the registration and priority of the Transfer.
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24. Fees and taxes – The Town must pay, as and when due and payable:
a. any property transfer tax payable under the Property Transfer Tax Act (British Columbia);
b. LTO registration fees in connection with the registration of the Transfer;
c. its own legal fees and disbursements; and
d. any GST payable under the Excise Tax Act (Canada) in respect of the Transfer and conveyance of the Land to the Town, with the Town and the Owner agreeing that the Purchase Price does not include GST,
and the Owner must pay its own legal fees and disbursements.
25. Currency and Payment Obligations – All dollar amounts referred to in this agreement are Canadian dollars.
26. Preparation of Documents and Clearing Title – The Town must prepare all necessary conveyancing documentation. At its expense, the Owner must clear title to the Land, subject only to the Permitted Encumbrances.
ARTICLE 3 – MISCELLANEOUS
27. Permitted Encumbrances – In this agreement, “Permitted Encumbrances” means the exceptions and reservations contained in the original Crown grant, any non-financial charges and encumbrances in favour of any government entity or public utility.
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28. Access – The Town, its agents and employees have the licence, exercisable on 24 hours prior written notice to the Owner, to enter upon the Land from time to time during the Term, at the Town’s sole risk and expense, for the purpose of making inspections, surveys, tests and studies of the Land. The Town agrees to:
a. release and indemnify, and hold harmless, the Owner from and against any and all actions, causes of actions, liability, demands, losses, costs and expenses (including legal fees, costs and disbursements) which the Owner or any third party may suffer, incur, be subject to or liable for, arising out of or in any way related to or in connection with the exercise by the Town of its rights under this section; and
b. leave the Land in the same condition as that in which the Town found the Land, including by removing any equipment, refuse or other matter brought on to the Land by the Town or its agents or contractors.
29. Further Assurances – Each of the parties must at all time execute and deliver at the request of the other all such further documents, deeds and instruments, and do and perform such other acts as may be reasonably necessary to give full effect to the intent and meaning of this agreement, including to register this agreement with the LTO in priority to all liens, charges and encumbrances, except for the Permitted Encumbrances, promptly after execution by the parties.
30. Notice – Any notice, direction, demand, approval, certificate or waiver (any of which constitute a “Notice”) which may be or is required to be given under this agreement must be in writing and be delivered or sent by facsimile transmission:
to the Town: Box 340, Gibsons, BC, V0N 1V0, Attention: Director of Planning
to the Owner: to the address set out in the records of the LTO.
Any Notice that is delivered is to be considered given on the day it is delivered and any notice, direction, demand, approval, certificate or waiver that is sent by fax is to be considered given on the day it is sent except that if, in either case, that day is not a business day, it is to be considered given on the next business day after it is sent.
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31. No Effect on Powers – This agreement does not:
a. affect or limit the discretion, rights, duties or powers of the Town or the approving officer for the Town under the common law or any statute, bylaw or other enactment, nor does this agreement create, or is the parties’ intention to create, any implied obligations regarding such discretion, rights, duties or powers;
b. affect or limit the common law or any statute, bylaw or other enactment applying to the Land; or
c. relieve the Owner from complying with any common law or any statute, regulation, bylaw or other enactment.
32. Time of Essence – Time is of essence of this agreement and the conveyance and transfer for which it provides.
33. Tender – Any tender of documents or money may be made upon the parties at their respective addresses set out in this agreement or upon their respective solicitors.
34. No Other Agreements – This agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all representations, warranties, promises and agreements regarding its subject.
35. Benefit – This agreement enures to the benefit of and is binding upon the parties and their respective heirs, executors, administrators, successors and assigns.
36. Schedules – The Schedules to this agreement form an integral part of this agreement.
37. Interpretation – Wherever the singular is used or neuter is used in this agreement, it includes the plural, the feminine, the masculine or body corporate where the context or the parties so required.
38. Governing Law – This agreement will be governed by and construed in accordance with the laws of British Columbia.
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As evidence of their agreement to be bound by the terms of this agreement, the parties have executed under seal the Land Title Act Form C to which this agreement is attached and which forms part of this agreement.
END OF DOCUMENT
Regular Council Agenda - February 3, 2015 95 Silas White Councillor’s Report to Council December 7, 2014–January 20, 2015
District of Sechelt: On December 7, Mayor Rowe, Councillor Lumley and I attended the swearing-in and inaugural meeting of the District of Sechelt Mayor and Council at Chatelech Secondary School.
Board of Education: On December 9 I attended the swearing-in and inaugural meeting of the Sunshine Coast Board of Education, though it was taking place at the same time as our Committee of the Whole meeting so I only caught the end. I did have the opportunity to congratulate the trustees, including re-elected Chair Betty Baxter and Vice-Chair Lori Pratt.
The student trustee for this year, Kailyn Pritchard, happens to be an Elphinstone student and Town of Gibsons resident, and has already demonstrated tremendous engagement and passion for representing students locally and provincially. Council should be aware that our neighbours at the Board of Education are the only board in the province with a permanent student trustee program, that they designed and implemented themselves. It includes a District Leadership Team of students representatives from every secondary school. We may not have far to look if we want to consider pursuing our own youth engagement initiatives.
Gibsons & District Fire Commission: Councillor Lumley and I attended the December 12 Fire Commission meeting that outlined the roles and responsibilities of the Commission, and the budget, including details of the funding requests for the upcoming SCRD budget. We also discussed the Amendment Bylaw No. 1027.2, 2014 that our Council passed at our December 16 meeting, and the Land Reserve Fund. At the next meeting, February 2, we’ll be discussing the Strategic Plan and new provincial standards Playbook, as well as getting more of a firsthand experience with the gear and training.
Aquifer Project, December 12 I was pleased to attend this joint event co-organized by the Town and Deer Crossing the Art Farm at the Arts Building. School District #46 was among other community partners that worked with the Town and the Art Farm to engage people with our natural assets through art and education, especially focusing on children. The project included a summer camp that engaged established and young artists in art inspired by the aquifer, as well as school and after-school programs. The art, including visual, audio and video was displayed at the Arts Building, Library and Museum and some can still be seen by the duck pond in Holland Park, and right here outside the Chambers. This visionary and exciting partnership between the Town, the arts community, educators and our youth is a reflection of Gibsons at its best, and CAO Emanuel Machado deserves full credit for his leadership on our behalf in working to initiate it.
Sunshine Coast Homelessness Advisory Committee: I attended my first meeting of this group January 7. The Cold Weather Shelter at St. Hilda’s Anglican Church in Sechelt had 138 stays and 190 meals served, with an average of 4.7 people per night, in December. Lisa Kwiatkowski has started as the new Outreach Worker for the shelter. It was mentioned that historically, the use of the shelter has spiked upwards since moving from Gibsons to Sechelt, where need is more acute. There seems to be very little demand or opportunity for operating a shelter service in Gibsons; the old RCMP building came up, and it was mentioned that the group
1 Regular Council Agenda - February 3, 2015 96 discussed it in the past and it wasn’t felt it could be viably repurposed to help address homelessness or affordable housing. However, the Salvation Army may be looking to use it somehow. No one was very sure who has present authority over the building, though there was an understanding that the Squamish Nation is involved in the decision-making process.
The Committee is in discussions with Sunshine Coast Community Living to establish a permanent shelter or supportive housing facility, as SCACL has a potential building, however needs to recover costs on it. It was mentioned that Medicine Hat, Alberta, struck a plan four years ago to eliminate homelessness through the thinking that subsidized housing actually costs less than all the resources, especially in health, required to service the homeless. This plan has been successful and the city is on pace to virtually eliminate homelessness this year. No one provided where the subsidized housing has come from, but one must presume there is more provincial support than from BC Housing or other BC provincial programs. The last Sunshine Coast Homelessness Count was conducted in 2006; there was some discussion of doing another count on a volunteer basis in October 2015, perhaps aligned with Homelessness Action Week. The Committee is looking into becoming a society.
Overall, this group is doing outstanding work for our community. This committee is an “information sharing” group with representatives who are professionals from organizations that directly service our homeless population. I was the only elected official present, and had no information to share as our Council does not deal with the issue of homelessness on a regular basis nor offers any direct, ongoing service through our staff to deal with the issue. I recognize that our relationship has primarily been as a funder. Therefore, I think that this report should suffice to introduce Council to this committee for now and that rather than have a liaison attend its monthly information-sharing meetings in Sechelt, that we plan to invite the committee to present to Council later in the year, perhaps around Homelessness Action Week in October. In the meantime, Director of Planning Boel keeps up on the committee’s activities via its email list, and there is also a strong link from it to the Affordable Housing Committee that we sit on.
SCRD: At the inaugural meeting Garry Nohr was elected chair and Frank Mauro vice-chair. Of interest to the Town, in his opening speech Chair Nohr mentioned a protocol agreement with the Squamish Nation, a regional economic development function, Hillside Industrial Park, costing a new pool in Gibsons and Zero Waste among other priorities for the next year. Budget will take over soon in early February and presumably Strategic Planning after that (I’m glad that we’re following the reverse order in the Town). I’ve been appointed to Chair of the Community Services committee and Vice-Chair of Corporate Services.
In Infrastructure Services, concerns over sediment levels in Wilson Creek were initially thought to be caused by improper sediment control by AJB Logging (reported in the local press), but have since been determined to be due to natural causes. The Gibsons and Area Chamber of Commerce has expressed interest in putting up a welcome sign at the ferry terminal bus stop, particularly to provide essential information to cyclist and foot tourists. This concept was headed for rejection, largely due to insufficient communication, but I worked with Area F director Ian Winn to get the board to delegate it back to staff for further collaboration with the Chamber and BC Ferries. Our local WildSafe BC (“Bear Aware”) program also reported to the December 8 meeting. Calls to conservation officers from Jan 1 to October 22, 2014 in the
2 Regular Council Agenda - February 3, 2015 97 Gibsons area (including E & F) were broken down as 121 Black Bear, 19 Cougar and 8 Coyote; less coyotes have definitely been reported this past year than in recent years. Gibsons was not considered to be a “hotspot for human-wildlife conflict” this year. No animals in the Gibsons area were destroyed.
A comprehensive waste composition study for the entire Sunshine Coast has also been completed and was presented in the January 8 Infrastructure Services agenda package. Our August 2014 audit results, from a 110.7 kg sample of Town garbage, were:
36% food scraps and kitchen waste 10% food-soiled paper 9% household hygiene products 7% film PP EPR plastic 6% other film plastic 5% textiles 5% rigid plastics
November 2014 results, from a 95.5 kg sample of Town garbage, were:
30% food scraps and kitchen waste 11% household hygiene products 8% food-soiled paper 7% textiles 6% pet waste 6% film PP EPR plastic 5% rigid plastics
The board also approved a new contract with Direct Disposal for two years. Unfortunately this contract is out of sync with our own Town’s two-year contract that ends next year, and the District of Sechelt’s five-year contract, which makes future harmonization of procurement and services a challenge. I’ve been assured that regional harmonization remains a goal of the SCRD and despite the contracts being out of sync there is some promise of better coordination, which I gather is at least in goodwill and spirit so far.
This committee received a letter from the Islands Trust expressing concern to federal Minister of Transport Lisa Raitt about a proposed reduction in limits for sewage discharge from pleasure vehicles to one nautical mile from shore. On behalf of the Town, I put forward a motion that the SCRD support this position by the Islands Trust with our own letter.
The Planning & Development meeting took place during our governance workshop December 18. Donna McMahon presented on behalf of the Gibsons & Area Chamber of Commerce on potential 2015 economic development projects. Presumably the Chamber presented to the SCRD first because it has an earlier budget process, but you can get a sneak preview of the proposals by checking the agenda package for this committee meeting online. A Telus telecommunications tower proposed for Area F (the industrial area at the top of the “bypass”) received strong community support, especially from residents who complain of poor
3 Regular Council Agenda - February 3, 2015 98 cellular/wireless connectivity, and was approved by the board.
Vancouver Coastal Health is working on a Collaboration Agreement with the SCRD to better support and plan for healthy communities. Claire Gramm from VCH presented on January 8 and mentioned that consulting with the Town of Gibsons has already been part of the process and will continue to be. Priorities being discussed include early childhood development, active transportation, healthy built environment and tobacco reduction. Promoting smoke-free bylaws for municipalities continues to be a strong area of interest for VCH. Bringing together all local governments is fundamental to this partnership, so it will likely be proposed as a focus of a future intergovernmental meeting. Reports on Hillside Industrial Park and regional economic development will both come forward at the February 12 Planning and Development committee meeting.
In Community Services, a very technical and detailed energy audit report for the Gibsons Area Community Centre was received by the committee (available for review online in December 11 agenda package). SCRD staff has selected energy-savings projects identified in the report for consideration in the budget.
Councillor Valeriote (as my alternate) and I also participated in two daylong orientation sessions for the SCRD December 9 and January 9, and I had another governance orientation session with Alison Habkirk, this time with the SCRD, on January 16.
Local Government Leadership Academy January 13–15 Content of this professional development opportunity included Making Meetings Work; Roles, Responsibilities and Teamwork; Local Government Law; Decision-Making, Priority-Setting and Thinking Strategically; Regional Districts; Partnerships and Collaboration; Working with First Nations; Financial Management; Citizen Engagement; and Communications.
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