SCHEDULE 'A' RELOCATION PACKAGE
Detail of the compensation and assistance package provided to existing Christie Point tenants being displaced by redevelopment.
SCHEDULE "A"
RELOCATION PACKAGE
TO: Tenant Resident at Unit No. ___
Whereas you are currently a tenant in occupation of an apartment in the residential apartment complex in the Town of View Royal, known as Christie Point pursuant to a lease dated ___________ (the "Lease").
And Whereas by agreement between us and the Town of View Royal, we have agreed to provide you with at least 12 months’ written notice of the estimated date of demolition of the building in which you are a tenant under the Lease (the "Notice Period"), which Notice Period will include the 2 months’ notice period required under Section 49(2) of the Residential Tenancy Act (the "RTA Notice").
And Whereas by agreement between us and the Town of View Royal, we have agreed to provide you with certain benefits and an option to become a tenant in the first building constructed by us at Christie Point pursuant to the terms herein.
And Whereas you acknowledge and agree that this Relocation Package is made available on an apartment unit basis and that multiple occupants in an apartment unit or multiple parties listed as tenant under the Lease shall not be entitled to separate benefits under this Relocation Package.
And Whereas provided you deliver vacant possession of your apartment unit to us on or before the effective date set out in the RTA Notice (the "Possession Date") and you are not then in default of your obligation to pay rent under your lease, you will be considered as a qualified tenant (a "Qualified Tenant").
We the undersigned agree with you, provided that you are a Qualified Tenant, as follows:
(a) we agree to pay an amount equal to 1 month’s current rent being the most recent rent paid by you for the rental of your existing apartment under the Lease as at the Possession Date (the "Current Rent") as required by Section 51(1) the Residential Tenancy Act and in addition we agree to pay:
(i) if you have been a tenant of an Existing Building for less than 5 years, an amount equal to 1 month’s Current Rent;
(ii) if you have been a tenant of an Existing Building for 5 or more consecutive years but less than 10 years, an amount equal to 2 months’ Current Rent;
(iii) if you have been a tenant of an Existing Building for 10 or more consecutive years but less than 20 years, an amount equal to 3 months’ Current Rent; and
(iv) if you have been a tenant of an Existing Building for 20 or more consecutive years, an amount equal to 4 months’ Current Rent.
(b) we agree to provide you with either:
(i) a moving allowance of $1,000 when you deliver vacant possession of your apartment to us; or
(ii) moving services through a company contracted by us, including the provision of packing supplies such as boxes and tape, not to exceed $1,000,
at your election to be exercised by notice in writing from you to us ("Your Election") within 60 days of the delivery of the RTA Notice (the "Election Period"). If Your Election is not delivered within the Election Period, you shall be deemed to have elected to receive the moving allowance referred to in subsection (a)(i) above;
(c) if you have a physical disability, or your household does not include an able bodied adult, we will arrange to provide you with packing services through a company contracted by us, provided that you have provided us with written notice within the Election Period from a qualified medical practitioner setting out your eligibility for these services;
(d) we will reimburse you for your cost of disconnecting and re-connecting existing cable, internet, hydro and telephone services up to a maximum amount of $200 (except any amount owed by you to any utility provider for any arrears, interest or penalties), provided that you have provided us with a receipted invoice from the utility provider for such service not later than 2 months after the Possession Date;
(e) we will pay the cost of your mail-forwarding services through Canada Post for 12 consecutive months, or such lesser period as you may direct, provided that you have provided us with a receipt from Canada Post for the mail-forwarding service prior to the Possession Date;
(f) we will deliver to you no later than 3 months prior to the anticipated occupancy of the first building constructed by us at Christie Point (the "New Building"), a right of first offer to rent an apartment in the New Building (the "Right of First Offer"). The Right of First Offer shall be in the form prescribed by us and shall be for an apartment in the New Building (the "New Apartment") having the same number of bedrooms as the apartment occupied by you pursuant to your Lease as at the Possession Date. The rent payable for the New Apartment shall be as set out in the Right of First Offer. If you do not accept the Right of First Offer for the New Apartment within 30 days of receipt of the Right of First Offer or, having accepted the Right of First Offer, do not comply with all of the terms and conditions set out in the Right of First Offer, including but not limited to credit checks satisfactory to the Owner in its sole discretion, within the time set out therein, then our obligation to provide you with any offer to lease of a New Apartment shall be at an end and you shall no longer be considered a Qualified Tenant;
(g) the Right of First Offer shall be provided to all Qualified Tenants. The first 161 Qualified Tenants who accept the Right of First Offer and who comply with all of the terms and conditions of the Right of First Offer (the "RFO Tenants"), shall be accommodated in the New Building in order of seniority of tenure as determined by the commencement date of the Lease for the Qualified Tenant, with the RFO Tenant with the longest tenancy having the most seniority as determined by the Owner in its sole discretion, acting reasonably. If some of the RFO Tenants cannot be accommodated in the New Building, then those RFO Tenants will be provided with another Right of First Offer at some time prior to the occupancy of the second building to be constructed by us at Christie Point (the "Second Building") and if some of the RFO Tenants cannot be accommodated in the Second Building, then those RFO Tenants will be provided with another Right of First Offer at some time prior to the occupancy of the next building to be constructed by us at Christie Point until all RFO Tenants can be accommodated in the buildings to be constructed by us at Christie Point, provided at all times that they remain Qualified Tenants. The terms and conditions set out in subsections (f) and (g) shall apply, as the case may be, to all applicable Right of First Offers;
(h) for the first 33 most senior RFO Tenants as determined in accordance with subsection (g) (the "Senior RFO Tenants"), notwithstanding the rent set out in the Right of First Offer, we will enter into a new tenancy agreement with each of the Senior RFO Tenants for the lease of an apartment having the same number of bedrooms as their existing apartment on the Possession Date and at a rent that is not more than the Current Rent plus:
(i) any statutory increases permitted under the Residential Tenancy Act from the Possession Date to the date the new lease is entered into;
(ii) any statutory increases permitted under the Residential Tenancy Act from the date the new lease is entered into;
(iii) any costs for parking, unless parking was included under your Lease as at the Possession Date; [NTD:]and
(iv) any charges for additional services permitted pursuant to the lease or by applicable laws;
(i) for those RFO Tenants who are not a Senior RFO Tenant, and who take possession of their unit in the New Building and who remain in possession of their apartment in the New Building for one year and who are not in default under their lease, we will deliver to them a cheque in the amount equal to two month's rent within 30 days of the first anniversary date of their tenancy.
All notices required to be delivered pursuant to this Relocation Package shall be in writing and shall be delivered by messenger, courier service or scanned email. All notices shall be deemed delivered on: (i) if mailed, couriered or delivered by messenger, the date same are actually received by the addressee, or (ii) if given by scanned e-mail, on the date such notices are sent; provided in all cases that any notice not delivered on a business day or any notice delivered after 3:00 p.m. (Vancouver time) on a business day, will be deemed to be delivered on the next following business day. Failure to comply any notice requirement with result in this Relocation Package being at an end and you shall no longer be considered a Qualified Tenant.
The address for service of notices required or permitted hereunder shall be:
CHRISTIE POINT APARTMENTS LIMITED 77 Bloor Street West, Suite 2000 Toronto, Ontario M5S 1M2 Attention: ______________ Email: _________________
You must provide us by the Possession Date with an address where the notice under the Right of First Offer can be sent and you must update us by providing written notice of any address change, failure to do so will result in you not being considered a Qualified Tenant and you shall not be entitled to receive the Right of First Offer.
The rights granted to you under this Agreement are personal, do not create any interest in land, are not registerable against the lands and are not assignable nor transferable nor shall you pledge or otherwise dispose of your interest in this Agreement or the Right of First Offer.