Public Hearing at 6:30 PM 1. Bylaw No Cannabis Retail Zoning and Bylaw No.1928 Cannabis Business Licensing.

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1 DISTRICT OF KITIMAT PUBLIC HEARING AGENDA TO BE HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, ON TUESDAY, OCTOBER 2, 2018, AT 6:30 P.M. Public Hearing at 6:30 PM 1. Bylaw No Cannabis Retail Zoning and Bylaw No.1928 Cannabis Business Licensing. Public Hearing at 7:30 PM 1. Horizon North Covenant Amendment DISTRICT OF KITIMAT REGULAR COUNCIL MEETING AGENDA TO BE HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, ON TUESDAY, OCTOBER 2, 2018, FOLLOWING THE PUBLIC HEARING Delegations/Presentations Public Input / Questions on Agenda Items Media Inquiries - For Clarification Only Call for New Business / Adoption of the Agenda Minutes Page 5 1. Regular Meeting of Council September 17, 2018 Motions Bylaws Page 11 Page 13 Page 17 Page Adoption Bylaw No.1930 Water Billing 2. Third and Adoption Bylaw No.1929 Retail Cannabis Zoning 3. Adoption Bylaw No Cannabis Business Licensing 4. First Three Readings Bylaw No Civeo Housing Agreement Reports and/or Communications Page Horizon North Covenant Amendment Page Development Variance Permit 28 Finch Page Kingfisher Development Permit Page National Children s Day Grant Request Page Women s Hockey Grant Request Page Kitimat ESS, Host Community Summary Advisory Commission/Committee Minutes Page Age Friendly Committee May 16, 2018 Page Age Friendly Committee June 20, 2018 Page Leisure Services Advisory Commission May 15, 2018 Page Advisory Commission for Persons with Disabilities September 6, 2018 Page Advisory Planning Commission August 21, 2018 Page Advisory Planning Commission September 18, 2018 New Business Mayor and Council Reports Questions and Answers

2 DISTRICT OF KITIMAT CLOSED COUNCIL MEETING AGENDA TO BE HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, FOLLOWING THE REGULAR MEETING OF OCTOBER 2, 2018 Call for Closed New Business Items or Agenda Changes Moved by, Seconded by, THAT the agenda be adopted and Council deal with these matters in a closed session. At this point the public leaves. 1. Adoption of Closed Minutes September 17, Award Section 90.(1)(a) 3. Land Section 90(1)(e) 4. Land Section 90(1)(e) 5. Municipal Service Section 90(1)(k) 6. Release of Closed Items 7. Adjournment

3 Page Building Report August 2018 FOR INFORMATION ONLY OCTOBER 2, 2018

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5 MINUTES OF DISTRICT OF KITIMAT REGULAR MEETING MEETING HELD IN THE COUNCIL CHAMBERS, NORTHWEST COMMUNITY COLLEGE, ON MONDAY, SEPTEMBER 17, 2018 AT 7:30 PM Present: Mayor P. Germuth 5 Councillors E. Empinado, M. Feldhoff, R. Goffinet, M. Murphy, L. Walker Absent: Councillor C. Rattée Present: Staff W. Waycheshen, Chief Administrative Officer D. Godfrey, Deputy Chief Administrative Officer M. Dewar, Director of Economic Development S. Christiansen, Director of Finance D. Collier, Deputy Fire Chief A. Ramos-Espinoza, Director of Engineering Services M. Gould, Director of Leisure Services P. Mitchell, Information Systems Coordinator M. Williams, Planner E. Anderson, Deputy Director of Corporate Administration Delegations/Presentations 1. Kitimat Valley Housing Society and Kitimat General Hospital Foundation Progress with Housing Society and Tim Horton s Smile Cookie Campaign Councillor Goffinet declared a conflict of interest as he is on the board of the Kitimat General Hospital Foundation. Councillor Empinado declared a conflict of interest as he is employed by Northern Health. Corinne Scott, Margaret Sanou, Doug Thompson and Linda Thompson provided an update on the Housing Society and progress of the Dementia Cottage project. They also spoke on the Tim Horton s Smile Cookie campaign. Councillor Goffinet and Empinado returned at 7:44 pm. Public Input / Questions on Agenda Items Jack Oviatt made himself available for questions on the application for rezoning and official community plan amendments at 483 Quatsino Boulevard. Mayor Germuth asked for comments regarding the Development Variance Permit to be considered by Council at 28 Farrow Street. No comment was provided. Mayor Germuth asked for comments regarding the Development Permit to be considered by Council at 1851 Kingfisher. Leland Harris 33 Margetts Street. Mr. Harris raised concerns with the development being proposed including the market conditions, the size of the building, which part of the site would there be the initial phase of building and also the buffer zone between Margetts and the development. Neil Hall 56 Currie. Mr. Hall asked if there were any chance of a land swap to have this development

6 District of Kitimat Regular Meeting Minutes September 17, 2018 Page 2 of 5 6 in a more suitable place in the District. Mayor Germuth asked for comments regarding the Pet Store Bylaw No No comment was provided. Mayor Germuth asked for representatives for the property located at 9 Widgeon to step forward. No representative was present. Media Inquiries - For Clarification Only Call for New Business / Adoption of the Agenda Moved and seconded, THAT the Regular Council Agenda for September 17, 2018 be adopted as circulated. Minutes Motion Carried Unanimously Motion: R Regular Meeting of Council August 20, 2018 Motions Bylaws Moved and seconded, THAT the minutes of the Regular Council meeting held on September 4, 2018 be adopted as circulated. Motion Carried Unanimously Motion: R Adoption Bylaw No.1927 Council Remuneration Moved and seconded, THAT Council Remuneration Bylaw No. 1927, 2018 be adopted." 2. Adoption Bylaw No.1926 Pet Stores Motion Carried Unanimously Motion: R Bylaw No.1927 Moved and seconded, THAT third reading be rescinded to Business License Amendment Bylaw No.1926, 2018 and amended to limit the definition of Pet Stores to Commercial Business AND THAT third reading be given to the amended version of Bylaw No Motion Defeated In Favour: Councillor Feldhoff, Councillor Murphy, Councillor Walker Opposed: Mayor Germuth, Councillor Empinado, Councillor Goffinet

7 District of Kitimat Regular Meeting Minutes September 17, 2018 Page 3 of 5 7 Moved and seconded, THAT Business License Amendment Bylaw No.1926, 2018 be adopted. Motion: R Moved and seconded, To Table the item. Tabling Motion Defeated In Favour: Mayor Germuth, Councillor Empinado, Councillor Feldhoff Opposed: Councillor Goffinet, Councillor Murphy, Councillor Walker Motion: R First Three Readings Bylaw No.1930 Water Billing Main Motion Defeated In Favour: Councillor Goffinet, Councillor Murphy Opposed: Mayor Germuth, Councillor Empinado, Councillor Feldhoff, Councillor Walker Moved and seconded, THAT Three Readings be given to "Water Billing Bylaw No. 1930, 2018." Motion: R Motion Carried Unanimously Motion: R Bylaw No First two Readings Bylaw No.1931 Zoning and OCP Amendment for 483 Quatsino Moved and seconded, THAT first and second reading be given to "Strawberry Meadows Zoning Map and Official Community Plan Amendment Bylaw No. 1931, 2018"; AND THAT the OCP and zoning amendment application for 483 Quatsino Boulevard be referred to the Advisory Planning Commission; AND THAT the OCP and zoning amendment application for 483 Quatsino Boulevard not be referred to: Kitimat-Stikine Regional District; School District No. 82 Coast Mountain; Northern Health Authority; Haisla First Nation (Haisla Council); Government of Canada and federal agencies; or Province of BC and provincial agencies; AND THAT public notice be issued advising property owners and tenants within 90m that an OCP and zoning amendment at 483 Quatsino Boulevard is under consideration; AND FURTHER THAT the Public Hearing be scheduled for 15 October 2018 at 7:30pm

8 District of Kitimat Regular Meeting Minutes September 17, 2018 Page 4 of 5 8 in Council Chambers at 606 Mountainview Square." Amendment: Moved and seconded, ADD: AND THAT notice also be extended to property owners and tenants of Blackberry Street." Amending Motion Carried Unanimously Motion: R Bylaw No.1928 Main Motion as Amended: Moved and seconded, THAT first and second reading be given to "Strawberry Meadows Zoning Map and Official Community Plan Amendment Bylaw No. 1931, 2018"; AND THAT the OCP and zoning amendment application for 483 Quatsino Boulevard be referred to the Advisory Planning Commission; AND THAT the OCP and zoning amendment application for 483 Quatsino Boulevard not be referred to: Kitimat-Stikine Regional District; School District No. 82 Coast Mountain; Northern Health Authority; Haisla First Nation (Haisla Council); Government of Canada and federal agencies; or Province of BC and provincial agencies; AND THAT public notice be issued advising property owners and tenants within 90m that an OCP and zoning amendment at 483 Quatsino Boulevard is under consideration; AND FURTHER THAT the Public Hearing be scheduled for 15 October 2018 at 7:30pm in Council Chambers at 606 Mountainview Square. AND THAT notice also be extended to property owners and tenants of Blackberry Street." Main Motion Carried Unanimously Motion: R Bylaw No.1928 Reports and/or Communications 1. Unsightly Condition - 9 Widgeon Street Moved and seconded, "THAT the home owner of 9 Widgeon Street be given until 9 a.m. on October 5th, 2018 to cut the grass, brush, weeds or other growth and should the home owner fail to remedy the unsightly condition of the property, District employees be authorized to enter and effect remedial action at the expense of the home owner, the charges for doing so, if unpaid on December 31 in the year in which the Municipality effects the required remedial action, shall be added to and form part of the taxes payable in respect of the real property in question, as taxes in arrears. Motion Carried Unanimously Motion: R Meeting Schedule 2. Redevelopment of Manufactured Home Park Policy: Revised Moved and seconded, THAT a development variance permit for 28 Farrow Street be approved, conditional on: (a) Minimum rear yard of 0.6m is maintained;

9 District of Kitimat Regular Meeting Minutes September 17, 2018 Page 5 of 5 9 (b) Structure not to exceed 3.56m measured to mid-pitch of roof; (c) Legal survey in place to confirm 0.6m rear yard; (d) Drainage of surface water does not impact adjacent properties; (e) Future fence construction at rear of property must be on subject property; (f) Fences currently outside of property lines subject to removal in the event DOK requires access to public lands; (g) Compliance with BC Building Code; and (h) Permit expiration of 23 July 2020 if structure is not constructed. Motion Carried Unanimously Motion: R Manufactured Home Park Policy 3. Development Permit 1851 Kingfisher Moved and seconded, THAT this item be tabled so staff may request the developer consider the concerns of the residents on Margetts Street including; Having the closest building to Margetts Street be two storeys, The use of a buffer between the Margetts Street and the development The starting of construction in an area other than the South end of the property Advisory Commission/Committee Minutes New Business Mayor and Council Reports Motion Carried Unanimously Motion: R DP 1851 Kingfisher Moved and seconded, THAT this meeting adjourn. The meeting adjourned at 9:08 p.m. Motion Carried Unanimously CERTIFIED TRUE AND CORRECT Mayor Corporate Officer

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11 11 DISTRICT OF KITIMAT BYLAW NO A BYLAW TO AMEND THE KITIMAT MUNICIPAL CODE WITH RESPECT TO METHOD OF BILLING. WHEREAS Kitimat Council deems it appropriate to amend the Kitimat Municipal Code to change method of billing within the Kitimat Municipal Code. THEREFORE the Council of the District of Kitimat, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited as Water Billing Bylaw Part 6 PULBIC UTILITIES, Division 5 Rates, Subdivision 4 Rates and Charges, Commercial Billings is amended by Amending Quarterly Billing to Semi-Annual Billing 3. This bylaw shall come into force and be binding on all persons from the date of adoption. READ a first time this day of, READ a second time this day of, A PUBLIC HEARING was held this day of, READ a third time this day of, FINALLY ADOPTED this day of, MAYOR Philip Germuth CORPORATE OFFICER Debbie Godfrey

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15 15 DISTRICT OF KITIMAT BYLAW NO A BYLAW TO AMEND THE KITIMAT MUNICIPAL CODE WITH RESPECT TO ZONES PERMITTING CANNABIS RETAIL. WHEREAS Kitimat Council deems it appropriate to amend the Kitimat Municipal Code to reflect new legislation regarding the legalization of cannabis. AND WHEREAS Kitimat Council deems it is in the public interest to amend the Kitimat Municipal Code to permit cannabis retail in specific zones; NOW THEREFORE the Council of the District of Kitimat, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited as Cannabis Retail Zoning Amendment Bylaw Part 9 PLANNING, Division 5 Commercial Zoning, Subdivision 2 C1 City Centre Zone of the Kitimat Municipal Code is amended to include Cannabis Retail as a permitted use, placed in alphabetical order. 3. Part 9 PLANNING, Division 5 Commercial Zoning, Subdivision 6 C5 Limited Commercial Zone of the Kitimat Municipal Code is amended to include Cannabis Retail as a permitted use, placed in alphabetical order. 4. Part 9 PLANNING, Division 6 Industrial Zoning, Subdivision 3 M2 Service Centre General Zone of the Kitimat Municipal Code is amended to include Cannabis Retail as a permitted use, placed in alphabetical order. 5. Part 9 PLANNING, Division 6 Industrial Zoning, Subdivision 4 M2-A Service Centre Commercial Zone of the Kitimat Municipal Code is amended to include Cannabis Retail as a permitted use, placed in alphabetical order. 6. This bylaw shall come into force and be binding on all persons from the date of adoption. READ a first time this day of, READ a second time this day of, A PUBLIC HEARING was held this day of, READ a third time this day of, FINALLY ADOPTED this day of, MAYOR Philip Germuth CORPORATE OFFICER Debbie Godfrey

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19 19 DISTRICT OF KITIMAT BYLAW NO A BYLAW TO AMEND THE MUNICIPAL CODE PROVISIONS REGARDING BUSINESS LICENSING OF CANNABIS RETAIL OUTLETS WHEREAS the Community Charter allows local government to regulate business, business activities and persons engaged in business; NOW THEREFORE the Council of the District of Kitimat in open meeting assembled enacts as follows: 1. This bylaw may be cited for all purposes as the "BUSINESS LICENSE AMENDMENT BYLAW NO. 1928, 2018". 2. Part 4 LICENSES AND PERMITS, Division 1- General Provisions, Subdivision 3 Interpretation - Classifications, is amended by inserting the following: Cannabis Retail and Cannabis have the same definition as in Part 9 - PLANNING. 3. Part 4 LICENSES AND PERMITS, Division 1- General Provisions, Subdivision 5 Regulations of Business, is amended by inserting the following and reordering the rest of the section: Cannabis Retail a. That documentation be provided showing adherence to Provincial Standards as outlined in the Cannabis Control and Licensing Act, Cannabis Distribution Act and any related regulations, pertaining to security requirements, employee training and education, and background checks. b. Business must only be permitted to be open for business from 9:00 a.m. to 11:00 p.m. 4. Part 4 LICENSES AND PERMITS, Division 1- General Provisions, Schedule C FEES is amended by inserting the following alphabetically: BUSINESS CLASSIFICATION FEES PAYABLE Cannabis Retail $ Part 10 FINANCE, Division 1- Miscellaneous Charges, Subdivision 7 Liquor Licensing Application Fee is amended by: Amending Title by adding and Cannabis : Subdivision 7 Liquor and Cannabis Licensing Application Fee By inserting: PROCESSING ADVERTISING TYPE OF APPLICATION TOTAL FEE FEE FEE Cannabis Licence $ $ $ This bylaw shall come into effect on the date of adoption. READ a first time this 4 day of September READ a second time this 4 day of September READ a third time and passed this 4 day of September FINALLY ADOPTED this day of

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23 23 DISTRICT OF KITIMAT BYLAW NO A BYLAW TO AUTHORIZE A HOUSING AGREEMENT UNDER SECTION 483 OF THE BC LOCAL GOVERNMENT ACT WITH RESPECT TO TIME-LIMITED RESIDENTIAL DORMITORY USE ON CERTAIN LANDS WHEREAS THE BC Local Government Act allows a local government to divide portions of the municipality into zones and regulate the use of land within zones; AND WHEREAS Kitimat Council deems it is in the public interest to authorize a Housing Agreement governing a development at 100 Loganberry Avenue in the R3-B Multi-Family and Interim Residential Dormitory Zone, NOW THEREFORE the Council of the District of Kitimat, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited as HOUSING AGREEMENT (Civeo Sitka Lodge 100 Loganberry Ave) BYLAW NO The Mayor and the District s Corporate Officer are authorized to execute the Housing Agreement and all associated documents: (a) in substantially the form set out in Schedule A; (b) between the District and Civeo Corporation INC. No. BC ; and (c) that applies to lands with a current civic address of: 100 Loganberry Avenue in the District of Kitimat in Province of British Columbia, and legally described as: PID: Lot 2, District Lots 6014, 6025, 6026 and 6032, Range 5, Coast District, Plan EPP This bylaw shall come into force and be binding on all persons from the date of adoption. READ a first time this day of, READ a second time this day of, READ a third time this day of, FINALLY ADOPTED this day of, MAYOR CORPORATE OFFICER

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25 25 HOUSING AGREEMENT CIVEO SITKA LODGE - Lot 2 Plan EPP21889 (Pursuant to Section 483 of the Local Government Act) THIS AGREEMENT (the Housing Agreement ) is made the day of October BETWEEN: AND THE DISTRICT OF KITIMAT 270 City Centre, Kitimat, BC V8C 2H7 (the DISTRICT ) CIVEO CORPORATION, INC. NO. BC Loganberry Avenue Kitimat, BC c/o Street NW Edmonton, AB T6E 6B4 (the OWNER ) RECITALS: A. Under Section 483 of the Local Government Act (the LGA ), the District may, by bylaw, enter into a housing agreement with an owner regarding occupancy of units identified in the housing agreement, including but not limited to terms and conditions referred to in Section 483(2) of the LGA; B. The Owner is the registered owner in fee-simple of those lands with a current civic address of 100 Loganberry Avenue in the District of Kitimat, in Province of British Columbia ( BC ), and legally described as: PID: Lot 2, District Lots 6014, 6025, 6026, and 6032, Range 5, Coast District, Plan EPP21889 (the Lands ); C. The District, at the request of the Owner, rezoned the Lands further to PTI RESIDENTIAL DORMITORY OCP AND ZONING AMENDMENT BYLAW NO. 1, 2013 (the Rezoning Bylaw ) and the Owner proposes to develop the Lands for residential dormitory use, and may construct up to 2050 Sleeping Accommodation Units along with accessory uses as permitted under the Rezoning Bylaw (collectively, the Proposed Development ) in accordance with density bonusing provisions of the R3-B Multi-Family and Interim Residential Dormitory Zone under the Kitimat Municipal Code (the Municipal Code ), which provisions require: A Housing Agreement in accordance with Section 483 of the Local Government Act requiring all Sleeping Accommodation Units on the lands be single occupancy, rental only and a minimum of 80% available only to construction workers and other employees of businesses located within an Industrial Zone of this Code; and D. The Owner and the District wish to enter into this Housing Agreement pursuant to Section 483 of the LGA to secure the agreement of the Owner in satisfaction of the above-noted condition of density bonusing under the Rezoning Bylaw and Municipal Code.

26 26 October 2018 Housing Agreement (Civeo Sitka Lodge) Page 2 of 6 NOW THIS AGREEMENT WITNESSES that pursuant to Section 483 of the LGA, and in consideration of the premises and covenants contained in this Housing Agreement, the parties agree each with the other as follows: 1. DEFINITIONS 1.1. Unless otherwise stated, the definitions of the Municipal Code apply to this Housing Agreement In addition to those terms defined elsewhere in this Housing Agreement, the following definitions apply in this Housing Agreement: (a) (b) (c) (d) (e) (f) Industrial Zone means any of the zones found in Part 9 Planning, Division 6 Industrial Zoning of the Municipal Code, as amended from time to time; Owner means the registered owner of the Lands, and includes a Strata Corporation if stratification of the Lands or a building(s) on the Lands is permitted; Suitable Occupant means a person who is a construction worker or other employee of a business that is located on lands within an Industrial Zone or of a related infrastructure project, including but not limited to roads, rail, pipeline or transmission line, associated with an industrial site in or adjacent to Kitimat, BC; Sleeping Accommodation includes beds, large couches, pull-out sofas, cots, mattresses or other furniture, apparatus or equipment commonly used for sleeping; Sleeping Accommodation Units means exclusive Sleeping Accommodation units with bathroom but no cooking facilities in a residential dormitory (as defined in the Municipal Code) intended for or used for temporary but extended residential use; and Tenancy Agreement means a tenancy agreement, lease, license or other agreement granting rights to occupy a Sleeping Accommodation Unit. 2. USE AND OCCUPATION 2.1. The Owner covenants and agrees that until the use is no longer expressly permitted by District zoning or until August 31, 2035, whichever occurs sooner, and subject to the terms set out herein, the Owner will only use or permit the use and occupancy of Sleeping Accommodation Units on the Lands in accordance with all of the following restrictions: (a) (b) (c) (d) 2.2. In the event that: (a) (b) all Sleeping Accommodation Units must be single occupancy; all Sleeping Accommodation Units must be rental, and not available for purchase or other acquisition or disposition or stratification, including as further specified under Section 3 of this Housing Agreement; at least eighty percent (80%) of all Sleeping Accommodation Units that are in use or occupation, must be exclusively used or occupied by Suitable Occupants; and Sleeping Accommodation Units may continue to be occupied by former Suitable Occupants, but only for a period no greater than three (3) months following the date such person ceased to qualify as a Suitable Occupant. there is a vacancy rate of twenty percent (20%) or more of the Sleeping Accommodation Units on the Lands for a consecutive period of at least six (6) months, and the Owner can demonstrate to the District that there are insufficient Suitable Occupants seeking use or occupation of the Sleeping Accommodation Units to reduce the vacancy rate; any of the Sleeping Accommodation Units are rendered temporarily uninhabitable due to necessary construction or repair, or fire or other disaster or accident, and the aforesaid results in the Owner being in temporary non-compliance with Section 2.1(c); or

27 27 October 2018 Housing Agreement (Civeo Sitka Lodge) Page 3 of 6 (c) other valid and justifiable circumstances, as determined in the sole discretion of the District following written submission from the Owner, that result in the Owner being in temporary non-compliance with Section 2.1(c), then the Owner may make a written request to the District for express written permission for temporary non-compliance with this Housing Agreement, and the District may, in its sole discretion, grant permission for such temporary non-compliance for a specified period of time or determine that the non-compliance is unacceptable, in which case, the Owner shall comply with Section 4.3 of this Housing Agreement. 3. RENTAL UNITS ONLY 3.1. The Owner covenants and agrees that the Owner shall not take any steps, or enter into any agreements, or impose any rules or regulations whatsoever the effect of which would be to sell or transfer the Sleeping Accommodation Units on the Lands other than for rental purposes Without limiting the generality of Section 3.1, the Owner covenants and agrees that: (a) (b) it will not make application to deposit a strata plan to stratify the Lands or Sleeping Accommodation Units in any buildings, without express written permission of the District; and tenancy agreements or leases for the Sleeping Accommodation Units must be in compliance with the BC Residential Tenancy Act, must not be of a term inconsistent with rental tenure unless nightly rentals are permitted by zoning, and must not permit assignment, sub-tenancy or sub-leasing If the Lands or building are permitted to be stratified in accordance with Section 3.2, the Owner further covenants and agrees: (a) (b) that the Strata Corporation will not pass bylaw(s) that would restrict the availability for rental of any Sleeping Accommodation Units unless this Housing Agreement is amended accordingly; and to notify the District of any proposed amendment to its strata bylaws that pertains to use or occupancy of the Sleeping Accommodation Units The Owner acknowledges that it is within the District's sole discretion, acting reasonably, to consent or not to consent to permission under or modification of this Housing Agreement. Pursuant to Section 483(4) of the LGA, the District acknowledges that this Housing Agreement may only be amended by bylaw adopted with the consent of the Owner. 4. ADMINISTRATION & MANAGEMENT - REPORTING 4.1. Within thirty (30) days of receipt of a request from the District, the Owner must provide the District with a statutory declaration (the Statutory Declaration ) confirming that each of the provisions of this Housing Agreement have and continue to be complied with, which must be accompanied by a report in writing that includes the following: (a) (b) (c) (d) (e) Total number of Sleeping Accommodation Units on the Lands; By each Sleeping Accommodation Unit, the business name and address of employment of each occupant in that unit; Location and use of other buildings, units and rooms on the Lands; Copy of the standard form(s) of tenancy or occupancy agreement for each unit, including Sleeping Accommodation Units, including term of that agreement (but without the personal information of each individual agreement, or commercial terms and conditions); If applicable, any changes or proposed changes to the Strata Corporation's bylaws that may affect the terms of this Housing Agreement; and

28 28 October 2018 Housing Agreement (Civeo Sitka Lodge) Page 4 of 6 (f) Such further information identified in the request from the District, provided such information is reasonably relevant to the interpretation, administration or enforcement of this Housing Agreement The Owner will keep accurate records pertaining to the use and occupancy of the Sleeping Accommodation Units. At the request of the District within 45 days of receiving the Statutory Declaration, the Owner will make such records available for inspection by the District, provided always that: (a) (b) the District will comply with the Owner s statutory obligations with respect to privacy of the information disclosed in such records; and the District will not disclose the information found in such records to the public, it being acknowledged by the District that the Owner makes such records available for inspection in confidence, and that the disclosure to the public of the information found in such records could reasonably be expected to harm significantly the competitive position or interfere significantly with the negotiating position of the Owner If the Owner cannot provide confirmation under Section 4.1, then the Owner shall: (a) (b) provide the District with a report in which the Owner identifies the areas of non-compliance including: (i) (ii) the duration and extent of any non-compliance, and the actions and steps the Owner proposes to take to promptly remedy such noncompliance, and avoid such non-compliance in the future; and promptly make a payment to the District s Affordable Housing Reserve Fund for the sum of Five Hundred Dollars ($500) per incident of non-compliance The District may request a Statutory Declaration no more than once in any calendar year, unless the District has reasonable grounds to believe that the Owner is in breach of any of its obligations under this Housing Agreement For greater certainty, (a) (b) the Owner is not required to provide a Statutory Declaration and accompanying report unless the District so requests; and the provisions related to non-compliance in Section 4.3 are not intended to condone or waive a breach of this Housing Agreement. 5. NOTICE IN LAND TITLE OFFICE 5.1. Notice of this Housing Agreement will be filed in the Land Title Office by the District at the cost of the Owner in accordance with Section 483 of the LGA, and this Housing Agreement is binding on the parties to this Housing Agreement as well as all persons who acquire an interest in the Lands after filing of the Notice. 6. RELEASE AND INDEMNITY 6.1. The Owner covenants and agrees to indemnify and save harmless the District from any and all claims, causes of action, suits, demands, fines, penalties, costs or expenses or legal fees (on a solicitor-client basis) whatsoever, in law or equity, which anyone has or may have against the District or which the District incurs as a result of any loss, damage, deprivation, enrichment or injury, including economic loss, arising out of or connected with the restrictions or requirements of this Housing Agreement, the breach of any covenant in this Housing Agreement, or the use of the Lands contemplated under this Housing Agreement The Owner releases and forever discharges the District of and from any claims, causes of action, suits, demands, fines, penalties, costs or expenses or legal fees (on a solicitor-client basis)

29 29 October 2018 Housing Agreement (Civeo Sitka Lodge) Page 5 of 6 whatsoever, in law or equity, which the Owner can or may have against the District for any loss, damage, deprivation, enrichment or injury, including economic loss, arising out of or connected with the restrictions or requirements of this Housing Agreement, the breach of any covenant in this Housing Agreement, or the use of the Lands contemplated under this Housing Agreement. 7. GENERAL PROVISIONS 7.1. NOTICE: Any notice permitted or required by this Housing Agreement to be given to either party must be given to that party at the address set out above, or at any other address of which the party has given the other party notice in writing expressly for the purposes of this Housing Agreement CONFLICT: In the event of a conflict between the terms of this Housing Agreement and the provisions of District bylaws in relation to land use or density, the bylaws will prevail in accordance with Section 483(3) of the LGA BINDING EFFECT: This Housing Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, and permitted assignees, and in accordance with Section 483(6) of the LGA TIME: Time is of the essence of this Housing Agreement WAIVER: (a) (b) No provision of this Housing Agreement may be waived by a party unless the waiver is expressed in writing. The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Housing Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar CUMULATIVE REMEDIES: No remedy under this Housing Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity. Damages will be an inadequate remedy for the District, and the District is entitled to an order for specific performance or a prohibitory or mandatory injunction in order to compel performance of the obligations in this Agreement RELATIONSHIP OF PARTIES: (a) (b) No provision of this Housing Agreement may be construed to create a partnership or joint venture relationship, an employer-employee relationship, a landlord-tenant, or a principalagent relationship. The Owner is solely responsible for all costs and expenditures required to fulfill its obligations under this Housing Agreement, whether those costs and expenses are, or are not, specifically referred to in this Housing Agreement FURTHER ASSURANCES: The Owner will do, execute, and deliver, or cause to be done, executed, and delivered all such further acts, documents and things as may be reasonably required from time to time to give effect to this Housing Agreement ENTIRE AGREEMENT: (a) (b) This Housing Agreement contains the entire agreement and understanding of the parties with respect to the matters contemplated by this Housing Agreement and supersedes all prior and contemporaneous agreements between them with respect to such matters. No representations, warranties or conditions, express or implied, oral or otherwise, have been made other than those expressed in this Housing Agreement NO RESTRICTION ON DISTRICT AUTHORITY: Except as required by Section 483 of the LGA, nothing contained or implied in this Housing Agreement:

30 30 October 2018 Housing Agreement (Civeo Sitka Lodge) Page 6 of 6 (a) (b) (c) prejudices or affects the rights, powers or discretion of the District in the exercise of its functions under any public or private statutes, bylaws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if the Housing Agreement had not been executed and delivered by the Owner; imposes any legal duty or obligation, including any duty of care or contractual or other legal duty or obligation, to enforce this Housing Agreement or the breach of any provision in this Housing Agreement; or imposes any public law duty, whether arising from the principles of procedural fairness or the rules of natural justice, on the District with respect to its exercise of any right or remedy expressly provided in this Housing Agreement or at law or in equity SEVERABILITY: Each article of this Housing Agreement is severable. If any provision of this Housing Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision may be severed and the illegality or invalidity thereof will not affect the validity of the remainder of this Housing Agreement ACKNOWLEDGEMENT: The Owner acknowledges having been directed to obtain independent legal advice and having read and fully understood all the terms and conditions of this Housing Agreement. The Owner confirms that this Housing Agreement has been entered into voluntarily. The Owner acknowledges and agrees that any information submitted to the District is subject to the BC Freedom of Information and Protection of Privacy Act COUNTERPARTS: This Housing Agreement may be executed and delivered in counterparts with the same effect as if both parties had signed the same document. Each such counterpart will be deemed an original and together will form one and the same instrument APPLICABLE LAW: This Housing Agreement is to be construed in accordance with and be governed by the laws applicable in the Province of British Columbia. IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first above written. DISTRICT OF KITIMAT by its authorized signatories ) ) ) ) Philip Germuth, Mayor ) ) ) Debbie Godfrey, Corporate Officer ) CIVEO CORPORATION, INC. NO. BC ) by its authorized signatories ) ) ) Name: ) ) ) Name: )

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