SCHEDULE A – HOUSING AGREEMENT (Bylaw No. 975)

Part 1 DEFINITIONS AND INTERPRETATION

Definitions – In this Agreement the following words have the following meanings:

(a) “Daily Amount” means $500.00 per day as of January 1, 2017 adjusted annually thereafter by adding thereto an amount calculated by multiplying $500.00 by the percentage change in the All-Items Consumer Price Index for Victoria, B.C., published from time to time by Statistics Canada since January 1, 2017, to January 1 of the year that a written notice is delivered to the Owner by the Town pursuant to section 4.1 of this Agreement;

(b) “Dwelling Unit” means one of the multifamily residential dwelling units located or to be located on the Lands;

(c) “Lands” means the following lands and premises situate in the Town of View Royal and any part, including a building or a portion of a building, into which said land is Subdivided:

• PID: 000-264-652, LOT 5, SECTION 2, ESQUIMALT DISTRICT, PLAN 15815
• PID: 004-551-401, LOT 6, SECTION 2, ESQUIMALT DISTRICT, PLAN 15815
• PID: 004-551-427, LOT 7, SECTION 2, ESQUIMALT DISTRICT, PLAN 15815
• PID: 004-551-443, LOT 8, SECTION 2, ESQUIMALT DISTRICT, PLAN 15815

(d) “Owner” means the party described on page 1 of this Agreement as the Owner and any subsequent owner of the Lands or of any part into which the Lands are Subdivided, and includes any person who is a registered owner in fee simple of a Dwelling Unit from time to time;

(e) “Subdivide” means to divide, apportion, consolidate or subdivide the Lands or any building on the Lands, or the ownership or right to possession or occupation of the Lands or any building on the Lands, into two or more lots, strata lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act, the Strata Property Act, or otherwise, and includes the creation, conversion, organization or development of “cooperative interests” or a “shared interest in land” as defined in the Real Estate Development Marketing Act;

(f) “Rentable Unit” means a Dwelling Unit for which there is no restriction, whether by strata bylaw, rule or otherwise, on rental or lease; and

(g) “Tenant” means an occupant of a rented or leased Dwelling Unit.

Part 2 USE OF LANDS

2.1 Use of Dwelling Units – The Owner agrees that every Dwelling Unit on the Lands shall be a Rentable Unit, and the Lands shall not be used except for Rentable Units, and no Dwelling Unit shall be occupied except as a Rentable Unit.

2.2 Town Authorized to Make Inquiries – The Owner hereby irrevocably authorizes the Town to make such inquiries as it considers necessary in order to confirm that the Owner is complying with this Agreement.

Part 3 STRATA CORPORATION BYLAWS

3.1 Agreement Binding Upon Strata Corporation – This Agreement will be binding upon all strata corporations created upon the strata title Subdivision of the Lands or any building on the Lands.

3.2 No Bylaws Restricting Use for Rental Accommodation – No strata corporation shall pass any bylaws or rules preventing, restricting or abridging the use or availability of any Dwelling Unit as a Rentable Unit.

3.3 No Force and Effect – Any strata corporation bylaw or rule that prevents, restricts, or abridges the right to use or availability of a Dwelling Unit as a Rentable Unit will have no force and effect.

3.4 No Extra Levies for Tenants – No strata corporation shall pass any bylaw or approve any levies that would result in only a Tenant or Tenants paying any charges or fees for the use of any common property, limited common property or other common areas, facilities, or amenities of the strata corporation greater than those charges or fees payable by an owner of a Dwelling Unit for use of any common property, limited common property or other common areas, facilities, or amenities of the strata corporation.

3.5 No Restrictions on Use of Common Property – No strata corporation shall pass any bylaw or make any rule which would restrict only a Tenant or Tenants from using and enjoying any common property, limited common property or other common areas, facilities or amenities of the strata corporation except on the same basis that governs the use and enjoyment of any common property, limited common property or other common areas, facilities or amenities of the strata corporation by all the owners of Dwelling Units. For greater certainty, a Tenant or Tenants may not use or enjoy any common property designated on a strata plan as limited common property for the exclusive use of any strata lot which is not occupied by that Tenant or Tenants.

Part 4 RENT CHARGE

4.1 Payment of Daily Amount – The Owner agrees that, in addition to any other remedies available to the Town under this Agreement or at law or in equity, if a Dwelling Unit is used or occupied in breach of this Agreement or the Owner is otherwise in breach of any of its obligations under this Agreement, and the failure of the Owner to rectify such breach within thirty (30) days of receipt of written notice from the Town setting out the details of such breach, the Owner will pay the Daily Amount to the Town for every day that the breach continues after fifteen (15) days’ written notice from the Town to the Owner stating the particulars of the breach. The Daily Amount is due and payable five (5) business days following receipt by the Owner of an invoice from the Town for the same.

4.2 Rent Charge – The Owner hereby grants to the Town a perpetual rent charge against the Lands securing payment by the Owner to the Town of any amount payable by the Owner pursuant to section 4.1 of this Agreement. The Owner agrees that the Town, at its option, may enforce payment of such outstanding amount in a court of competent jurisdiction as a contract debt, by an action for and order for sale, by proceedings for the appointment of a receiver, or in any other method available to the Town at law or in equity. This rent charge is created both under section 219(6) of the Land Title Act as an integral part of the statutory covenant created by this Agreement and as a fee simple rent charge at common law. Enforcement of this rent charge by the Town does not limit, or prevent the Town from enforcing, any other remedy or right the Town may have again the Owner.

Part 5 MISCELLANEOUS

5.1 Housing Agreement – The Owner acknowledges and agrees that:

(a) this Agreement includes a housing agreement entered into under section 483 of the Local Government Act;

(b) the Town must file notice of, and register, this Agreement in the Land Title Office pursuant to section 483 of the Local Government Act against the title to the Lands.

5.2 Modification – This Agreement may be modified or amended from time to time, by consent of the Owner and a bylaw duly passed by the Council of the Town and thereafter if it is signed by the Town and the Owner.

5.3 Indemnity – The Owner will indemnify and save harmless the Town and each of its elected officials, officers, directors, and agents, and their heirs, executors, administrators, personal representatives, successors and assigns, from and against all claims, demands, actions, loss, damage, costs and liabilities, which all or any of them will or may be liable for or suffer or incur or be put to by reason of or arising out of:

(a) any negligent act or omission of the Owner, or its officers, directors, agents, contractors or other persons for whom at law the Owner is responsible relating to this Agreement;

(b) the construction, maintenance, repair, ownership, lease, license, operation, management or financing of the Lands; or

(c) without limitation, any legal or equitable wrong on the part of the Owner or any breach of this Agreement by the Owner.

5.4 Release – The Owner hereby releases and forever discharges the Town and each of its elected officials, officers, directors, and agents, and its and their heirs, executors, administrators, personal representatives, successors and assigns, from and against all claims, demands, damages, actions, or causes of action by reason of or arising out of or which would or could not occur but for the:

(a) construction, maintenance, repair, ownership, lease, license, operation or management of the Lands under this Agreement; or

(b) the exercise by the Town of any of its rights under this Agreement.

5.5 Survival – The indemnity and release set out in this Agreement will survive termination or discharge of this Agreement.

5.6 Town’s Powers Unaffected – This Agreement does not:

(a) affect, fetter or limit the discretion, rights, duties or powers of the Town under any enactment or at common law, including in relation to the use or subdivision of the Lands;

(b) impose on the Town any legal duty or obligation, including any duty of care or contractual or other legal duty or obligation, to enforce this Agreement;

(c) affect or limit any enactment relating to the use or subdivision of the Lands; or

(d) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Lands.

5.7 Agreement for Benefit of Town Only – The Owner and the Town agree that:

(a) this Agreement is entered into only for the benefit of the Town;

(b) this Agreement is not intended to protect the interests of the Owner, any Tenant, or any future owner, lessee, occupier or user of the Lands or the building or any portion thereof; and

(c) the Town may at any time execute a release and discharge of this Agreement, without liability to anyone for doing so, and without obtaining the consent of the Owner.

5.8 No Public Law Duty – Where the Town is required or permitted by this Agreement to form an opinion, exercise a discretion, express satisfaction, make a determination or give its consent, the Owner agrees that the Town is under no public law duty of fairness or natural justice in that regard and agrees that the Town may do any of those things in the same manner as if it were a private party and not a public body.

5.9 Notice – Any notice required to be served or given to a party herein pursuant to this Agreement will be sufficiently served or given if delivered, to the postal address of the Owner set out in the records at the Land Title Office, and in the case of the Town addressed listed above, to the attention of the Director of Planning and Development, or to the most recent postal address provided in a written notice given by each of the parties to the other. Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery.

5.10 Enuring Effect – This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.

5.11 Severability – If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect.

5.12 Waiver – All remedies of the Town will be cumulative and may be exercised by the Town in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach. Waiver of or delay in the Town exercising any or all remedies will not prevent the later exercise of any remedy for the same breach or any similar or different breach.

5.13 Whole Agreement – This Agreement, and any documents signed by the Owner contemplated by this Agreement, represent the whole agreement between the Town and the Owner respecting the use and occupation of the Lands, and there are no warranties, representations, conditions or collateral agreements made by the Town except as set forth in or contemplated by this Agreement.

5.14 Further Assurance – Upon request by the Town the Owner will forthwith do such acts and execute such documents as may be reasonably necessary in the opinion of the Town to give effect to this Agreement.

5.15 Agreement Runs with Lands – This Agreement burdens and runs with the Lands and every parcel into which it is Subdivided in perpetuity. All of the covenants and agreements contained in this Agreement are made by the Owner for itself, its personal administrators, successors and assigns, and all persons who after the date of this Agreement acquire an interest in the Lands.

5.16 Equitable Remedies – The Owner acknowledges and agrees that damages would be an inadequate remedy for the Town for any breach of this Agreement and that the public interest strongly favours specific performance, injunctive relief (mandatory or otherwise), or other equitable relief, as the only adequate remedy for a default under this Agreement.

5.17 No Joint Venture – Nothing in this Agreement will constitute the Owner as the agent, joint venture, or partner of the Town or give the Owner any authority to bind the Town in any way.

5.18 Applicable Law – The laws of British Columbia will apply to this Agreement and all statutes referred to herein are enactments of the Province of British Columbia.

5.19 Deed and Contract – By executing and delivering this Agreement the Owner intends to create both a contract and a deed executed and delivered under seal.

5.20 Joint and Several – If the Owner is comprised of more than one person, firm or body corporate, then the covenants, agreements and obligations of the Owner shall be joint and several.

5.21 Limitation on Owner’s Obligations – The Owner is only liable for breaches of this Agreement that occur while the Owner is the registered owner of the Lands provided however that notwithstanding that the Owner is no longer the registered owner of the Lands, the Owner will remain liable for breaches of this Agreement that occurred while the Owner was the registered owner of the Lands.

5.22 Interpretation – In this Agreement:

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

(b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement;

(c) if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings;

(d) reference to any enactment includes any regulations, orders or directives made under the authority of that enactment;

(e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replaced, unless otherwise expressly provided;

(f) the provisions of section 25 of the Interpretation Act with respect to the calculation of time apply;

(g) time is of the essence;

(h) all provisions are to be interpreted as always speaking;

(i) reference to a “party” is a reference to a party to this Agreement and to that party’s respective successors, assigns, trustees, administrators and receivers. Wherever the context so requires, reference to a “party” also includes a Tenant, agent, officer and invitee of the party;

(j) reference to a “day”, “month”, or “year” is a reference to a calendar day, calendar month, calendar or calendar year, as the case may be, unless otherwise expressly provided; and

(k) where the word “including” is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word “including”.

IN WITNESS WHEREOF the parties hereto have executed this Agreement below on the respective dates written below:

TOWN OF VIEW ROYAL by its authorized signatories:

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Mayor:

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Municipal Clerk:

Date: ____________________________

1071167 B.C. LTD., INC. NO. BC1071167 by its authorized signatories:

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Name:

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Name:

Date: ____________________________

END OF DOCUMENT