- Description
-
to implement a housing agreement for non-market rental units at 4990 Bennett St
NOW THEREFORE in consideration of ten dollars ($10.00) and other good and valuable consideration
(the receipt and sufficiency of which are acknowledged by both parties), and in consideration of the
promises exchanged below, the Owner and the City covenant and agree as follows:
Bylaw No. 14752
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{251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera)
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ARTICLE 1
DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following words have the following meanings:
(a) “Accessibility Needs” refer to physical accessibility needs identified by a Returning
Tenant, in their Tenant Assistance Form or subsequently, and accommodated, as
practicable, in an Adaptable Housing Unit;
(b) “Adaptable Housing Unit” means a Non-Market Unit that: (a) is designed and built with
features that permit easy modification to accommodate changing accessibility
requirements over time; and (b) conforms to the requirements and standards specified in
the Zoning Bylaw and elsewhere in the British Columbia Building Code for adaptable
dwelling units;
(c) “Agreement” means this agreement together with all schedules, attachments and priority
agreements attached hereto;
(d) “Air Space Plan” means an air space subdivision plan of the Lands, or any portion thereof,
pursuant to the Land Title Act;
(e) “BC Housing” means the British Columbia Housing Management Commission;
(f) “CD Plan” means the comprehensive development plan for the Lands entitled “The
Bennett” prepared by IBI Group Architects Inc., and filed with the City’s General Manager
Planning and Development;
(g) “City” means the City of Burnaby;
(h) “CMHC” means the Canada Mortgage and Housing Corporation;
(i) “CMHC Market Average Rent” means the average residential apartment rent applicable
to areas within the City of Burnaby (being Central Park/Metrotown CMHC Market
Rental survey zone in the case of the Non-Market Units under this Agreement), based on
rental market data collected by CMHC, and if such rental market data is no longer
published by CMHC, then such other equivalent generally accepted methodology
established by the City at its discretion;
(j) “Daily Amount” means $100.00 per day as of January 1, 2018, and adjusted annually on
January 1st of each subsequent year by a percentage equal to the percentage of the increase
in the Vancouver Headline CPI for the period from January 1 to December 31 of the
preceding calendar year;
(k) “Development” means the development of:
(i) a 35-storey residential apartment building fronting Bennett Street accommodating
two hundred forty-six (246) market strata units; and
(ii) a 6-storey rental apartment podium fronting Lobley Park accommodating the Non-
Market Units (the “Rental Building”),
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with underground parking, constructed or to be constructed on the Lands as shown on the
CD Plan;
(l) “Effective Date” has the meaning ascribed to it in section 11.2;
(m) “Eligibility Date” means the date a tenancy is considered eligible for benefits under the
Tenant Assistance Policy;
(n) “Eligible Tenant” means:
(i) in the case of a Replacement Rental Unit, a Household with at least one member
who is a Returning Tenant; and
(ii) in the case of a Required Inclusionary Unit, a Household with a gross household
income that does not exceed the Housing Income Limits (HILs) for the applicable
unit type (or such other income threshold approved by the City at its discretion),
but excluding: (A) the Owner, any directors, officers, and employees of the Owner,
as applicable, and their respective direct family members; and (B) if the Owner
contracts a third party to manage and administer the Non-Market Units pursuant
to sections 5.1(d) or 5.1(e), such third party, any directors, officers and employees
of such third party, as applicable, and their respective direct family members;
(o) “Funding Agreement” means an agreement entered into or to be entered into between a
Funding Provider and the Owner with respect to the funding and/or management of the
Non-Market Units, as the same may be amended, amended and restated, supplemented or
modified from time to time;
(p) “Funding Provider” means BC Housing, CMHC or another organization providing
funding with respect to the development or operation, or both, of the Non-Market Units;
(q) “Household” has the meaning ascribed to the term “family” in the Zoning Bylaw, and in
the event such term is no longer defined in the Zoning Bylaw, the last effective definition
of the term “family” in the Zoning Bylaw will apply;
(r) “Housing Covenant” means the agreements, covenants and charges granted by the Owner
to the City (which includes covenants pursuant to section 219 of the Land Title Act)
charging the Lands, registered under number CB_________________, as it may be
amended or replaced from time to time;
(s) “Housing Income Limit (HILs)” means the gross annual income limit for the HILs Lower
Mainland planning area associated with the City of Burnaby, as derived from CMHC’s
annual Rental Market Survey and published by BC Housing from time to time, and if such
gross annual income limit is no longer published by BC Housing, then “Housing Income
Limit (HILs)” means the last such gross annual income limit published by BC Housing
adjusted annually, on January 1st of each subsequent year, by a percentage equal to the
percentage of the increase in the Vancouver Headline CPI for the period January 1 to
December 31 of the preceding calendar year;
(t) “Interpretation Act” means the Interpretation Act, R.S.B.C. 1996, Chapter 238 together
with all amendments thereto and replacements thereof;
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(u) “Land Title Act” means the Land Title Act, R.S.B.C. 1996, Chapter 250 together with all
amendments thereto and replacements thereof;
(v) “Lands” means the following lands and premises situate in the City of Burnaby and any
part thereof, including a building or a portion of a building, into which said lands are
Subdivided:
Parcel Identifier: 031-427-359
Lot 1 District Lot 152 Group 1 New Westminster District Plan EPP105832;
(w) “Local Government Act” means the Local Government Act, R.S.B.C. 2015, Chapter 1,
together with all amendments thereto and replacements thereof;
(x) “LTO” means the New Westminster Land Title Office or its successor;
(y) “Non-Market Units” means the 42 residential units within the Rental Air Space Parcel
that are designated for use as a Replacement Rental Unit or Required Inclusionary Unit,
and “Non-Market Unit” means any such residential unit;
(z) “Owner” means the party described on page 1 of this Agreement as the Owner and any
subsequent owner of the Lands or any part thereof;
(aa) “Permitted Rent” means:
(i) with respect to a Replacement Rental Unit, the Replacement Rental Rate; and
(ii) with respect to a Required Inclusionary Unit, the Required Inclusionary Rental
Rate for the unit type;
(bb) “Prior Site” means the lands and premises with the former civic address of 4960 Bennett
Street, as of the Eligibility Date, and formerly legally described as:
Parcel Identifier: 003-088-758
Lot “A” (Explanatory Plan 29292) District Lot 152 Group 1 New Westminster
District Plan 4955;
(cc) “Prior Unit” means the former residential unit occupied by a Returning Tenant at the Prior
Site;
(dd) “Public Utility” means any utility or service provider that is regulated by the British
Columbia Utilities Commission, or its successor in function;
(ee) “Purchaser” has the meaning ascribed to it in section 11.2;
(ff) “Rental Air Space Parcel” means an air space parcel created by subdivision of the Lands,
or any portion thereof, by Air Space Plan, which air space parcel contains all the Non-
Market Units;
(gg) “Rental Use Zoning Policy” means the City’s Finalized Rental Use Zoning Policy
approved by City Council on March 9, 2020;
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(hh) “Replacement Rental Rate” means, with respect to each Replacement Rental Unit, the
amount equal to the Returning Tenant’s rent as of the date the Returning Tenant moved out
of that Returning Tenant’s Prior Unit, plus any annual increases allowed under the
Residential Tenancy Act between the date the Returning Tenant moved out of the Prior
Unit and the effective date of the tenancy under the Tenancy Agreement for the
Replacement Rental Unit together with any subsequent annual and additional increases
permitted in accordance with the Residential Tenancy Act;
(ii) “Replacement Rental Unit” means a Non-Market Unit that replaces a rental unit at the
Prior Site and is offered to and rented by a Returning Tenant;
(jj) “Required Inclusionary Rental Rate” means an amount not exceeding 20% below the
CMHC Market Average Rent, for the unit size and type (meaning, for greater certainty,
number of bedrooms) of the Required Inclusionary Unit as of the date the Owner and
Eligible Tenant enter into a Tenancy Agreement, together with any annual and additional
increases permitted in accordance with the Residential Tenancy Act;
(kk) “Required Inclusionary Unit” means a Non-Market Unit that is rented or offered for rent
at the Required Inclusionary Rental Rate;
(ll) “Residential Tenancy Act” means the Residential Tenancy Act, S.B.C. 2002, Chapter 78
together with all amendments thereto and replacements thereof;
(mm) “Returning Tenant” means a former tenant of a Prior Unit who is eligible for a right of
first refusal for a Replacement Rental Unit under the Tenant Assistance Policy and Rental
Use Zoning Policy;
(nn) “Tenancy Agreement” means a tenancy agreement, lease, license or other agreement
granting rights to occupy a Required Inclusionary Unit or Replacement Rental Unit on a
month-to-month basis or for a fixed term not exceeding twelve (12) months;
(oo) “Tenant Assistance Policy” means the City’s Tenant Assistance Policy approved by City
Council on March 9, 2020;
(pp) “Vancouver Headline CPI” means the All-Items Consumer Price Index for Vancouver,
B.C. published from time to time by Statistics Canada, or its successor in function; and
(qq) “Zoning Bylaw” means the Burnaby Zoning Bylaw, 1965, and amendments thereto and
re-enactments thereof.
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) 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;
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(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;
(j) reference to a “day”, “month”, “quarter” or “year” is a reference to a calendar day, calendar
month, calendar quarter 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”.