WEST SHORE PARKS, RECREATION AND COMMUNITY SERVICES AGREEMENT

Notices

27. All notices under this Agreement shall be in writing and delivered personally to each Municipality at the applicable address above (or if the address for a Municipality's municipal hall changes, to such new address) and will be considered given on the date of delivery.

General Provisions

28. Nothing in this Agreement shall give rise to any kind of partnership or agency relationship between any of the Municipalities or to give any Municipality any authority to act for or on behalf of, or bind, any other Municipality in any way.

29. This Agreement and all matters arising under it will be governed by and construed in accordance with the laws of British Columbia and the parties irrevocably agree to attorn exclusively to the courts of the Province of British Columbia in all matters respecting this Agreement.

30. Time is of the essence of this Agreement.

31. This Agreement may only be amended by way of an agreement in writing duly executed by all of the Municipalities.

32. No waiver of any provision of this Agreement shall be effective unless such waiver is expressed in writing duly signed by the Municipality that is providing such waiver of its rights under, or an obligation owed to it under, this Agreement.

33. In this Agreement:

    (a) reference to the singular includes a reference to the plural and vice versa, unless the context requires otherwise;

    (b) a particular numbered section or lettered Schedule is a reference to the correspondingly numbered section or lettered Schedule of this Agreement;

    (c) an "enactment" is a reference to an enactment as that term is defined in the Interpretation Act (British Columbia) on the day this Agreement is made;

    (d) any enactment is a reference to that enactment as amended, revised, consolidated or replaced from time to time, unless otherwise expressly stated;

    (e) section headings are inserted for ease of reference and are not to be used in interpreting this Agreement;

    (f) a "party" is a reference to a party to this Agreement;

    (g) time is of the essence; and

    (h) where the word "including" is followed by a list, the contents of the list shall not circumscribe the generality of the expression immediately preceding the word "including".

34. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with its subject matter hereof except as specifically set forth in this Agreement.

As evidence of their agreement to be bound by this agreement, the Municipalities have executed this Agreement below:

CITY OF COLWOOD By its authorized signatories Name: __________________________ Name: __________________________ Date: __________________________

DISTRICT OF HIGHLANDS By its authorized signatories Name: __________________________ Name: __________________________ Date: __________________________

CITY OF LANGFORD By its authorized signatories Name: __________________________ Name: __________________________ Date: __________________________

DISTRICT OF METCHOSIN By its authorized signatories Name: __________________________ Name: __________________________ Date: __________________________

TOWN OF VIEW ROYAL By its authorized signatories Name: __________________________ Name: __________________________ Date: __________________________

Schedule A

Facilities

Colwood Location 1767 Island Highway

Indoor facilities:

• JDF Recreation Center
  • JDF Ice Arena
  • Indoor Sports Complex previously Curling facility
  • Swimming Pool
  • Weight Room and Fitness Studio
  • Childcare Centre
• Kinsmen Fieldhouse
• Senior's Activity Centre Hall
• The Q Centre Arena
• Clubhouse (Lawn Bowling Area)
• Kids Cottage

Outdoor Facilities:

• Golf Course
• Tennis Courts
• Playing Fields
• Ball Diamonds
• Lawn Bowling Greens
• Velodrome
• Jogging Track
• Lacrosse Court
• BMX Track
• Beach Volleyball Courts
• Basketball Courts
• Rotary Picnic Shelter
• Concessions
• 3 Playgrounds
• Thrifty Foods Skatepark

Leased to others

• WildPlay

Langford Location 2805 Carlow Road (held by way of lease of a portion of Centennial Park from City of Langford to the Society, and modular building located on that land, owned by the Society)

• Centennial Centre for Arts, Culture & Community

Schedule B

Lands

1767 Island Highway, Victoria, B.C. and legally described as:

PID: 028-002-997 Lot A, Section 1 and 104, Esquimalt District, Plan EPP2923

Licenses of adjacent lands dated January 24, 1977 and May 4, 1984 from Her Majesty the Queen in Right of Canada, represented by the Minister of National Defence

Schedule C

Contribution Share Calculation

1. In this Schedule: a. "assessment unit cost" means the requisition amount indicated for the applicable calendar year in the applicable Approved Financial Plan divided by the converted assessed value of property in each of the Municipalities. b. "class of property" means class of property as defined in the Prescribed Classes of Properly Regulation, B.C. Reg. No. 438/81. c. "converted assessed value" for a Municipality means the converted value, determined under section 3 of this Schedule, of the sum of: i. the assessed value under the Assessment Act (British Columbia), in the previous year, of lands and improvements taxed by the Municipality for general municipal purposes in the previous year according to the authenticated assessment roll; and ii. the value of the Crown land under section 4 of this Schedule. d. "Crown land" means land and improvements owned by the Crown federal or provincial, or an agent of either of them, in a previous year if the Municipality in which the land and improvements are located received or is due to receive a grant in lieu of taxes, in respect of the year before the current year.

2. Each Municipality shall pay a share (its "Operating Contribution Share") of the annual requisition amount for the applicable calendar year indicated in the applicable Approved Financial Plan equal to the product obtained by multiplying the assessment unit cost by the converted assessed value for the Municipality.

3. Despite the rest of this Schedule, where section 8(d) applies to a new park, building or facility, the Approved Financial Plan shall separate the applicable park, building or facility, and the costs and revenues attributable thereto, and include a separate requisition amount with respect thereto and the calculation of each Municipality's Operating Contribution Share in respect of such separate requisition amount shall exclude the Dissenting Municipality.

4. The assessed value of land and improvements and the value of Crown land shall be converted by adding together the products obtained by multiplying the assessed value for each class of property by the percentage set out below for the class:

5. The value of Crown land shall be: (a) in the case of Crown land owned by the Government of B.C. or an agent of the Government of B.C. other than the British Columbia Hydro and Power Authority, the lesser of the assessed value under the Assessment Act for the previous year and the value which would result in a property tax equal to the grant in lieu of taxes if the land and improvements were not Crown land; (b) in the case of Crown land owned by the British Columbia Hydro and Power Authority, the assessed value under the Assessment Act for the year before the previous year, and (c) in the case of Crown land owned by the Government of Canada or by an agent of the Government of Canada, the value, in the year before the previous year, of land and improvements which would result in a property tax equal to the grant in lieu of taxes if the land and improvements were not Crown land.