Mayor and Council Blake Collins, Senior Planner Housing Agreement Bylaw for the property, located at 2719 Gladys Avenue (Owner: City of Abbotsford)

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1 eo ~A ABBOTSFORD COUNCIL REPORT Report No. PDS Regular Council January 29, 2016 File No: /R To: From : Subject: Mayor and Council Blake Collins, Senior Planner Housing Agreement Bylaw for the property, located at 2719 Gladys Avenue (Owner: City of Abbotsford) RECOMMENDATIONS 1. THAT first and second reading of Housing Agreement Authorization Bylaw No , cited as "Abbotsford Housing Agreement No. 1952", be rescinded; 2. THAT Housing Agreement Authorization Bylaw No , as amended, be given first, second and third reading ; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. SUMMARY OF THE ISSUE Under the Comprehensive Development Zone (N37) prior to the use of a property as an Apartment with accessory Community Services (support services to tenants), a Housing Agreement detailing the administration and management of the units must be authorized by Council. At this time and prior to final consideration by Council, the Housing Agreement is being updated to: a) Reflect the funding commitment announced by BC Housing on December 22, 2014 and amended in October, 2015 which includes a total of 30 supportive housing units and a caretaker suite; b) Address items highlighted by the funder (BC Housing) and the future Operator (Abbotsford Community Services); and c) Address a number of minor editing and format changes. The issuance of a Housing Agreement by Council is required to satisfy the zoning conditions contained within the N37 zone and will assist the applicant in moving forward with the finalization of the approvals required to begin construction of the 31-unit (which includes a caretaker) supportive housing development at 2719 Gladys Avenue in the spring. L:IR 14\R Report PDS docx

2 Report No. PDS Page 2 of 4 BACKGROUND Proposal: To complete a Housing Agreement detailing the management and administration of a 31 unit supportive housing development at 2719 Gladys Avenue. Applicant I Owner: Legal Description: Existing OCP Designation: Existing Zoning: CPA Development Consultants I City of Abbotsford Lot 1 Section 22 Township 16 New Westminster District Plan EPP58711 City Residential Comprehensive Development Zone (N37) Proposed Zoning Site Area: 0.14 ha (0.35 ac) Site Description: Surrounding Uses: N: S: E: W : The proposed development land is a City owned property located along the west side of Gladys Avenue. The properties slope away from the street. City parcel zoned N37 and unutilized road dedication beyond City parcel zoned N37 and a single family residential home zoned Urban Residential Zone (RS3) beyond Gladys Avenue beyond which are properties zoned Historic Downtown Commercial Zone (C7) and Assembly Zone (P3) Canadian Pacific Railway beyond which are properties zoned General Industrial (12) DISCUSSION I BACKGROUND 1. In October of 2015, City Council considered an OCP Amendment and the rezoning of the subject properties to allow for the construction of a supportive housing development at 2719 Gladys Avenue. At the time the OCP and rezoning applications were granted third reading, the City did not have confirmed funding from BC Housing. As such, the OCP amendment and rezoning were completed in advance of securing funding for the development of new a supportive housing project. Concurrent with the OCP and rezoning application, City Council also considered a housing agreement, but given a project did not have committed funding and an operator had not been identified, the Housing Agreement could not be completed. 2. Subsequent to Council granting 3rd reading, on December 22, 2014 BC Housing announced funding for a supportive housing development on the subject properties. Council adopted the OCP and rezoning bylaws on January 29, Multiple family residential and commercial developments are both categorized as a Form and Character Development Permit Area under the Official Community Plan. Presently City staff is working with Craven Huston Powers Architects and CPA Development Consultants in regard to the Development Permit Application. Conditional approval for the issuance of a Development Permit was granted by

3 Report No. PDS Page 3 of 4 the Director of Planning in accordance with the Delegation of Council Authority Bylaw on December 7, Figure 3-6 show a site plan and proposed building renderings of the conditionally approved development. Council should note that in order to address the conditions of approval staff expect minor amendments to these plans/drawings. Notwithstanding this, staff anticipates the conditions to be satisfied and a DP issued to allow construction to begin in spring Housing Agreement 4. The Local Government Act allows municipalities to enter into a Housing Agreement (HA) detailing the administration and management of affordable and special needs housing units, classes of persons to be housed and rent levels that are all beyond the authority of a zoning bylaw. Housing Agreements are adopted by bylaw and as such, their approval and any future amendments are at the discretion of Council. As a condition within the N37 zone anyone proposing to undertake Community Service uses in conjunction with an Apartment or Congregate Apartment, is required to obtain approval of a Housing Agreement. The Housing Agreement establishes the City's expectations related to operator responsibilities and resident behavior expectations. The Housing Agreement requires: a) All residents enter into a written agreement outlining behavioral expectations and code of conduct; b) Visiting hours generally being restricted from 9 am to 9 pm and quiet hours that are consistent with the City's Good Neighbour Bylaw of 1 Opm to Bam; c) The facility to be supervised 24 hours a day 7 days a week; d) The operator establish a Good Neighbour Committee that will be responsible for addressing concerns about residents behavior and the facility's operation and that representatives from the City, Abbotsford Police Department (APD), Abbotsford e) Downtown Business Association (ADBA) and businesses or schools located within 1OOm of the facility to be invited to participate; f) Rents being restricted to shelter allowances or 30% of income where income is earned; and g) The property to be maintained with a minimum standard of cleanliness. A complete copy of the Housing Agreement is appended as Attachment A. Council should note that, by way of summary, the amended Housing Agreement contains the following minor changes: a) Identification of the Lessee as the Provincial Rental Housing Corporation; b) Identification of the Funder as the British Columbia Housing Management Commission; c) Removal of provisions and requirements related to the conversion of the facility to market housing to ensure the facility will always be operated as non-market housing either by BC Housing or a non-profit housing provider; d) Relocation of all tenant behavioral matters to the Attachment A - Minimum Resident Expectations; e) Minor edits and formatting changes to address issues identified through the legal review and to ensure consistency throughout the Housing Agreement and with the terms of the lease agreement.

4 Report No. PDS Page 4 of 4 Memorandum of Understanding (MOU) 5. Given the number of organizations involved in this supportive housing project it was recommended and agreed to by those parties that in addition to the Housing Agreement and lease that the parties enter into an MOU. The purpose of the MOU is to highlight the key responsibilities of each party for this project. In essence, the City is identified as the land owner, the Provincial Rental Housing Corporation as the lessee, BC Housing as the program and support service funder and Abbotsford Community Services (ACS) as the operator. A complete copy of the MOU is appended to this report as Attachment B. "' IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION The issuance of a Housing Agreement and entering into an MOU regarding the construction of a supportive housing development is consistent with the City's Official Community Plan and Zoning Bylaw, Affordable Housing strategy and Council's Task Force on Homelessness Action Plan. SUBSTANTIATION OF RECOMMENDATION Given the Housing Agreement establishes the City's expectations in regard to the administration and management of the 31 unit supportive housing development, which is generally consistent with the original presented to Council during consideration of the OCP amendment and rezoning application, staff recommends for the proposal. Blake Collins Senior Planner Department Head Approval: ~ Siri Bertelsen General Manager of Planning & Development Services Reviewed by Darren Braun Director of Development Planning Encl. Figure 1: Location (with Air Photo) Figure 2: Context Figure 3: Proposed Site Plan Figure 4: Proposed Building Perspective Figure 5: Proposed Building Perspective Attachment A: Housing Agreement Bylaw No. 1952, as amended Attachment B: Memorandum of Understanding

5 FIGURE 1 LOCATION ADDRESS: APPLICANT: a ~A ABBOTSFORD Planning and Development Services 2600 block- Gladys Avenue (west side) City of Abbotsford Community Planning FILE NO I R January 15, 2016

6 Context Map Os -~~ ABBOTSFORD SITE CHARACTERISTICS 8 city-owned properties Total area: 2,007 square metres I 0.49 acres Located along Gladys Avenue ' ' ' ' North of George Ferguson Way & East of CP Rail ' ' ' '' ' ' ' FIGURE 2 CONTEXT PLAN ADDRESS: APPLICANT: m ira ABBOTSFORD Planning and Development Services 2600 block- Gladys Avenue (west side) City of Abbotsford Community Planning FILE NO I R January 15, 2016

7 i -- - ~ l I : ' I : I I 0. ',_ 0 ~~~ :. r I I - I L I. '-"~ - ' : - I - I I t I I ' ' ~ 1' "'...,.. ~ I I I t: :t ::-~j tt' ~-Dilf~-t ~~====~...,~. _ I ' [ - - -, -:._::o:. 'd----' _- I! i - : ~~-.~-~--~. --t-. -- L ~-- -; --..._ -~ ! ' ~,, ~', ' I ',,.,. - - ~ ~ J I ' I)., I I I I I I -"\ ' - -- \\ \\ \\\ \.~ ~ WTW.uN FIGURE 3 PROPOSED SITE PLAN ADDRESS: APPLICANT: m.,...a ABBOTSFORD Planning and Development Services 2600 block- Gladys Avenue (west side) City of Abbotsford Community Planning FILE NO I R January 15, 2016

8 I ~- Simplified Cornice FIGURE 4 PROPOSED BUILDING PERSPECTIVE ADDRESS: APPLICANT: ~~~A ABBOTSFORD Planning and Development Services 2600 block - Gladys Avenue (west side) City of Abbotsford Community Planning FILE NO I R January 15, 2016

9 FIGURE 5 PROPOSED BUILDING PERSPECTIVES ADDRESS: APPLICANT: 0 tr.a ABBOTSFORD Planning and Development Services 2600 block- Gladys Avenue (west side) City of Abbotsford Community Planning FILE NO I R January 15, 2016

10 Bylaw No Page 1 The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Housing Agreement Authorization No Bylaw, 2014". 2. ENTER INTO HOUSING AGREEMENT It shall be lawful for The City of Abbotsford to enter into the Housing Agreement between the City of Abbotsford and the Operator, substantially in the form set out in Appendix "A", attached to and forming part of this Bylaw. READ A FIRST TIME this READ A SECOND TIME this READ A THIRD TIME this day of day of day of and ADOPTED this day of day of Henry Braun Mayor William Flitton Corporate Officer Final Draft- February 2, 2011 ATTACHMENT A

11 Bylaw No Page 2 APPENDIX "A" HOUSING AGREEMENT NO THIS AGREEMENT is dated for reference the _day of,2015; BETWEEN: CITY OF ABBOTSFORD City Hall South Fraser Way Abbotsford, British Columbia V2T 1W7 AND: (the "City") CITY OF ABBOTSFORD City Hall South Fraser Way Abbotsford, British Columbia V2T 1W7 OF THE FIRST PART AND: AND: (the "Owner") PROVINCIAL RENTAL HOUSING CORPORATION a corporation registered in BC under Inc. No. BC Suite Kingsway, Burnaby BC V5H 4V8 (the "Lessee") OF THE SECOND PART OF THE THIRD PART BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION a Crown Corporation under the laws of the Province of British Columbia Suite Kingsway, Burnaby BC V5H 4V8 WHEREAS: (the "Funder") OF THE FOURTH PART A. The Lessee proposes to provide an Apartment or Congregate Apartment use for Residents, excluding a Caretaker, in conjunction with an accessory Community Service use for providing transitional rental housing and support services to Residents within the Housing Facility, as defined herein, in accordance with the requirements of this Agreement, the City's Zoning Bylaw and all other applicable Provincial statutes, regulations and bylaws governing the use and development of the Lands. Final Draft- February 2, 2016

12 Bylaw No Page 3 APPENDIX "A" (cont'd) B. The Lessee, Owner, City and Funder each recognize that to ensure the protection, convenience, and safety of the Residents of the Housing Facility and Immediate Neighbourhood that the personal behaviour of the Residents of the Housing Facility be regulated through the use of program rules and staff supervision. C. Under Section 483 of the Local Government Act a local government may by bylaw enter into a Housing Agreement that includes terms and conditions regarding the occupancy of dwelling units located on the lands of the Owner. D. The parties have reached agreement as to certain reasonable and necessary measures to be undertaken by the Lessee in the management and operation of the Housing Facility and now wish to enter into this Agreement in order to ensure compatibility between the use of the Housing Facility and that of the Immediate Neighbourhood. E. The Owner is the registered owner of those Lands defined herein and the Owner and the Lessee have entered into or intend to enter into the Ground Lease. F. The City adopted Bylaw No , authorizing the City to enter into this Housing Agreement on the terms and conditions contained herein. THIS AGREEMENT is evidence that in consideration of the mutual promises contained in it, and in consideration of the payment of $10.00 (TEN DOLLARS) by each of the parties to the other (the receipt and sufficiency of which is acknowledged by each party), the parties covenant and agree with each other as follows, as a housing agreement under Section 483 of the Local Government Act and as a contract and a deed under seal between the parties: 1.0 Interpretation 1.1 In this Agreement the following definitions apply: "Agreement" means this Housing Agreement. "Apartment" means a use as defined in the City's Zoning Bylaw No , as amended. "Caretaker" means the occupant(s) of the ground floor unit who provides supervision, and may be a single person or couple. "Community Service" means a use as defined in Zoning Bylaw No , as amended. "Congregate Apartment" means a use as defined in Zoning Bylaw No , as amended. "Financial Audit" means an audit of financial statements of the Operator, conducted in accordance to GAAP principles. Final Draft- February 2, 2016

13 Bylaw No Page 4 APPENDIX "A" (cont'd) "Ground Lease" means a lease of the Lands from the City to the Lessee, as such lease may be amended, renewed or extended from time to time. "Housing Facility" means the improvements located on the Lands wherein the Lessee, through the Operator, intends to carry out an Apartment or Congregate Apartment use and accessory Community Service use, under the terms and conditions of this Housing Agreement and the City's Zoning Bylaw. "Immediate Neighbourhood" means the area within a radius of 400m of the Lands. "Income Assistance" means income received under the Employment and Assistance Act, and/or the Employment and Assistance for Persons with Disabilities Act, as amended. "Lands" means the following properties owned by the Owner with a civic address of 2719 Gladys Avenue in Abbotsford: PID: Lot 1 Section 22 Township 16 New Westminster District Plan EPP "Operator" means any person or entity with whom the Funder has entered into an agreement or agreements for the management of the Housing Facility from time to time, provided that if there is no such agreement at a given time, the Operator means the Lessee. "Operational Audit" means a review of the effectiveness, efficiency, and economy of the organizational activities of the Operator, as they relate to the Housing Facility. "Resident" means an adult person that is homeless or at risk of becoming homeless. All references to a City bylaw in this Agreement mean that bylaw as amended or replaced from time to time. 2.0 Requirements of the Housing Facility 2.1 The Owner and the Lessee covenant and agree with the City as follows: (a) (b) CPTED. After the Housing Facility is occupied, the Lessee shall from time to time consult with officials of the City regarding the implementation of Crime Prevention Through Environmental Design (CPTED) criteria. Outdoor Activities and Maintenance. Both the interior and exterior of the Housing Facility shall at all times be well maintained in a neat, tidy and clean condition as required by the City's Good Neighbour Bylaw. Notwithstanding the foregoing, barbecues shall be kept a minimum of 0.6 metres away from any building when in use, and smoking may only occur in designated smoking areas in the Housing Facility. Final Draft.;. February 2, 2016

14 Bylaw No Page 5 APPENDIX "A" (cont'd) (c) (d) (e) (f) Security. All reasonable attempts shall be made to ensure that all exterior doors to the Housing Facility are closed and locked when Residents are absent from the Housing Facility. Storage. All personal belongings, furniture, goods, materials, supplies or other things s h a II only stored within properly designated storage areas located within the interior of the Housing Facility or within a storage shed, approved by Planning Services and the Building Permits and Licensing Divisions of the City. For greater certainty, nothing may be stored or allowed to accumulate around the exterior of the Housing Facility. Building and Fire Codes. The Housing Facility shall be, at all times, in compliance with the health, life safety and fire protection requirements of the British Columbia Building Code and Fire Code and the City's Fire Services Bylaw. The Owner, or if the Lands are leased, the Lessee shall prepare, obtain approval by the City's Fire Rescue Services and implement a fire safety plan that includes, at a minimum, that interconnected and fully monitored smoke alarms and a sprinkler system installed be in all bedrooms and the main enclosed hallway, emergency lighting be installed, and fire hydrants be located within 75m of all building sites. Parking. Adequate on-site parking for staff, Residents and visitors shall be provided and there shall be no uninsured vehicles on the Lands. 3.0 General Use Restriction 3.1 The Owner and the Lessee covenant and agree with the City that the Lands and the Housing Facility shall only be used for an Apartment or Congregate Apartment use and accessory Community Service use in compliance with the terms, conditions, requirements and restrictions of this Agreement and with any other applicable Provincial statute, regulation or bylaw governing the Lessee's use and development of the Lands. 4.0 Operational Requirements 4.1 The Owner and the Lessee covenant and agree with the City that: (a) (b) (c) the Operator will be a non-profit organization and will obtain and hold a business licence during its operation of the Housing Facility; the Lands shall be used only for the purpose of providing the Housing Facility on a not for profit basis for residential occupancy by Residents, and further that the Housing Facility shall be occupied by no more than 30 Residents and one (1) Caretaker (which may include a couple performing the duties of Caretaker); priority will be given to selecting residents of the City of Abbotsford to be Residents of the Housing Facility; and Final Draft- February 2, 2016

15 Bylaw No Page 6 APPENDIX "A" (cont'd) (d) support services will be provided only to Residents of the Housing Facility. 4.2 The Owner and the Lessee further covenant and agree with the City as follows: (a) (b) (c) (d) (e) (f) (g) (h) the Housing Facility may only be used for an Apartment or Congregate Apartment use and accessory Community Service use in accordance with the requirements of the City's Zoning Bylaw and this Agreement; the Housing Facility shall be operated in compliance with Attachment A (Minimum Resident Expectations); the Lessee shall, or cause the Operator to, at all times, be responsible for the proper management and operation of the Housing Facility and shall provide twenty four (24) hour, seven (7) day a week supervision of the Housing Facility wnen occupied by any Resident. This will include an agreed upon number of hours for a support worker and Caretaker; the Lessee shall establish, or cause the Operator to establish, a Good Neighbour Committee to address concerns about the operation and/or Residents of the Housing Facility. Representatives from the Owner, Funder, the City, Abbotsford Police Department, Abbotsford Downtown Business Association, schools, businesses, and residents within 1OOm of the Lands will be invited to participate on this Good Neighbour Committee. The Committee will meet as needed, or at the City's direction, to discuss and respond to any needs or issues that arise related to this Agreement; the Lessee shall, or cause the Operator to, attend and participate in all neighbourhood meetings scheduled by the City. Such meetings may be called to review the operation of the Housing Facility, or to resolve issues arising under this Agreement; the Lessee shall, or cause the Operator to, establish and make public, at building entrances and online, a contact number that neighbours and the public may use to report any issues or concerns. Responses will be provided within a reasonable amount of time based upon the urgency of the concern, and emergencies shall be reported to 911; if requested by the City within 90 days following the end of a calendar year, the Lessee shall cause the Operator to provide to the City, to the City's satisfaction, a report on the Operator's compliance with terms and conditions of the Housing Agreement with respect to the use, operation and occupation of the Housing Facility and the dwelling units within the Housing Facility; the Lessee shall cause the Operator to provide the City, Owner, and Funder, to each of their satisfaction, with a Financial Audit within 60 days of the fiscal year end for the Operator, and an Operational Audit every three years; and Final Draft- February 2, 2016

16 Bylaw No Page 7 APPENDIX "A" (cont'd) (i) neither this Agreement nor any right hereunder may be assigned or transferred by the Lessee to any other person or party, in whole or in part, without the prior written consent of the City. 5.0 Conditions of Residency 5.1 The Owner and the Lessee covenant and agree with the City as follows: (a) Prior to occupying a dwelling unit within the Housing Facility, each Resident shall be required to enter into a written agreement with the Operator regulating the personal behaviour and responsibilities of the Resident while residing at the Housing Facility. The agreement shall be in a form satisfactory to the City and shall include the terms and conditions set forth in Attachment A (Minimum Resident Expectations). Without limiting the generality of the foregoing, every Resident shall be required to comply with the following, as a condition of residency: (i) (ii) (iii) (iv) (v) all Residents must comply with Attachment A (Minimum Resident Expectations); quiet hours will follow the City's Good Neighbour Bylaw (1 Opm to Bam), or as otherwise further restricted by the Operator; all Residents must be considerate of other Residents, employees and staff of the Housing Facility and of the Immediate Neighbourhood; all Residents must respect the prescribed visiting hours restrictions and ensure that visitors are only present on the Lands or in the Housing Facility generally between the hours of 9am and 9pm, daily or as otherwise restricted by the Operator. Visitors will sign in while in the Housing Facility; and any persons invited on the Lands or in the Housing Facility by a Resident will not engage in any conduct or behaviour which unreasonably disturbs or harasses other Residents of the Housing Facility or persons in the Immediate Neighbourhood. (b) Rental rates at the Housing Facility will be charged as follows: (i) (ii) where a Resident receives Income Assistance, rent will be no greater than the shelter portion of that Resident's Income Assistance; where a Resident receives employment income, rent will be no greater than 30% of that Resident's income as declared to the Lessee or the Operator from time to time, but no less often than once every six months; and Final.Draft- February 2, 2016

17 Bylaw No Page 8 APPENDIX "A" (cont'd) (iii) notwithstanding (a) and (b) above, the Lessee or Funder may make application to the City to amend the rental rates should financial circumstances warrant. (c) Within ten days after receiving notice from the City, the Lessee will in respect of each apartment unit in the Housing Facility, deliver, or cause to be delivered, to the City a statutory declaration, in the form attached as Attachment "B" or such other form as may be determined from time to time by the City, sworn by the Operator, or a director or officer of the Operator, containing all of the information required to complete the statutory declaration. The City may request such a statutory declaration in respect of an apartment unit in the Housing Facility no more than once per calendar year. The Lessee hereby irrevocably authorizes, and will cause the Operator to authorize promptly upon request of the City from to time to time, the City to make such inquiries as it considers necessary and reasonable in order to confirm compliance with this Agreement. 6.0 Termination 6.1 Subject to Sections 0 and 0, if the Owner is the City of Abbotsford, this Agreement expires and is of no force and effect on and after the Ground Lease, including any renewal terms, has been terminated or expires. If the Owner is any other person or corporation, this Agreement expires and is of no force and effect on and after the date that is sixty (60) years from the registration of notice of this Agreement against title to the Lands at the Land Title Office. 6.2 The City may, on 30 days prior written notice to the Owner, Lessee and Funder, terminate this Agreement where: (a) (b) (c) the Owner or the Lessee fails to comply with, satisfactorily perform or meet any of the terms, conditions or requirements of this Agreement and fails to remedy such non-compliance or unsatisfactory performance when and as requested to do so by the City within the greater of 15 days or other reasonable period, having regard to the nature of the default, so long as the Lessee promptly commences to cure the default and thereafter continues to diligently cure the default; the Owner or the Lessee, at any time, ceases to provide an Apartment or Congregate Apartment use and accessory Community Service use within the Housing Facility, or carries out, permits or causes to be carried out, any activities or uses that are not permitted by the City's Zoning Bylaw, any other City bylaw, this Agreement or applicable Provincial statutes or regulations; or the goods and chattels of the Owner or the Lessee are at any time seized or taken in execution or attachment or the Owner or the Lessee makes an assignment for the benefit of creditors or becomes bankrupt or insolvent or makes a proposal to creditors. Final Draft- February 2, 2016

18 Bylaw No Page 9 APPENDIX "A" (cont'd) 6.3 This Agreement may be terminated at any time by mutual agreement of the parties. 6.4 Should this Agreement be terminated, the City will execute a registerable discharge of this Agreement or file the appropriate notice in the Land Title Office. 7.0 Indemnity 7.1 The Owner and the Lessee, each on their own behalf, releases, indemnifies and saves harmless the City, its elected officials, officers, employees, servants, agents and assigns from and against any and all liabilities, actions, causes of action whether in contract or in tort, claims, damages, expenses, costs, debts, demands, or losses suffered or incurred or be put to, at any time, either before or after the expiration or termination of this Agreement by the City, arising or resulting from the performance or non-performance of the terms and conditions of this Agreement. 8.0 Miscellaneous 8.1 Time. Time will be of the essence of this Agreement and will remain of the essence notwithstanding the extension of any of the dates under this Agreement. 8.2 Waiver. No failure or delay on the part of either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as may be limited in this Agreement, any party may, in its sole discretion, exercise any and all rights, powers, remedies and recourses available to it under this Agreement or any other remedy available to it and such rights, powers, remedies and recourses may be exercised concurrently or individually without the necessity of making any election. 8.3 Entire Agreement. This Agreement and the agreements, instruments and other documents entered into under this Agreement set forth the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior agreements and understandings among the parties with respect to the matters herein and there are no oral or written agreements, promises, warranties, terms, conditions, representations or collateral agreements, express or implied, other than those contained in this Agreement. 8.4 No Severability. It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall affect the other provisions of this Agreement and this Agreement shall thereupon terminate. 8.5 Amendment. This Agreement may be altered or amended only by an agreement in writing signed by the parties. Final Draft- February 2, 2016

19 Bylaw No Page 10 APPENDIX "A" (cont'd)_ 8.6 Further Assurances. Each of the parties shall at all times and from time to time and upon reasonable request do, execute and deliver all further assurances, acts and documents for the purpose of evidencing and giving full force and effect to the covenants, agreements and provisions in this Agreement Notices. Any demand or notice which may be given under this Agreement shall be in writing and delivered or faxed addressed to the parties as follows: The City: City of Abbotsford City Hall South FraserWay Abbotsford, British Columbia V2T 1W7 Attention: City Clerk The Owner: City of Abbotsford City Hall South FraserWay Abbotsford, British Columbia V2T 1W7 Attention: City Clerk The Lessee: Provincial Rental Housing Corporation Suite Kingsway, Burnaby BC V5H 4V8 Attention: Director, Real Estate Services The Funder: British Columbia Housing Management Commission Suite Kingsway, Burnaby BC V5H 4V8 Attention: Vice President, Operations or at such other address as any party may specify in writing to the other. The time of giving and receiving any such notice shall be deemed to be on the day of delivery or transmittal. Final Draft- February 2, 2016

20 Bylaw No Page 11 APPENDIX "A" (cont'd) 8.8 This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia. 9.0 Specific Performance 9.1 The Lessee agrees that because of the public interest in ensuring that all of the matters described in this agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement Notice of Housing Agreement 10.1 For clarity, the Owner and the Lessee acknowledge and agree that: (a) (b) (c) this Agreement constitutes a housing agreement entered into under Section 483 of the Local Government Act; the City is required to file a notice of housing agreement in the Land Title Office against title to the Lands; and once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a housing agreement under Section 483 of the Local Government Act For so long as the City of Abbotsford is the registered owner of the Lands, the City shall have no liability to the Lessee, the Operator, the Funder or anyone else for any of the obligations of the "Owner" under this Agreement. Final Draft- February 2, 2016

21 Bylaw No Page Conflict APPENDIX "A" (cont'd) 11.1 Where a conflict exists between the body of this Agreement and the Attachments attached to this Agreement, the wording of the Agreement shall govern. AUTHORIZING BYLAW PASSED by Abbotsford City Council on the day of THE TERMS AND CONDITIONS UPON WHICH THIS HOUSING AGREEMENT IS ISSUED ARE HEREBY ACKNOWLEDGED. PROVINCIAL RENTAL HOUSING CORPORATION by its authorized signatories: Name: Title: Name: Title: BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION by its authorized signatories: Name: Title: Name: Title: THIS HOUSING AGREEMENT IS ISSUED this day of, CITY OF ABBOTSFORD by its authorized signatories: Mayor, Henry Braun City Clerk, William Flitton Attachment A: Minimum Resident Expectations Attachment B: Statutory Declaration Final Draft- February 2, 2016

22 Bylaw No Page 13 APPENDIX "A" (cont'd) MINIMUM RESIDENT EXPECTATIONS Everyone has the right to be and feel safe. Civil, cooperative behaviour is required for us all to get along. We have three basic expectations: 1. A safe respectful living environment. 2. Established routines so that things run relatively smoothly. 3. Cooperative behavior that everyone adheres to. Staff will address any behavior that infringes on the safe and secure living arrangements. A resident may be asked to leave if they cannot abide by these expectations. Safe and Respectful Living Environment (a) (b) (c) (d) (e) (f) Respectful behaviour. Residents are expected to enter into an agreement that addresses the issues they need to work on in order to live healthy lives. This may include a substance misuse recovery plan, a health and wellness plan to address mental and physical illnesses or other plans to address other issues (e.g. literacy or job skills). Violent or abusive behaviour (such as swearing, intimidation, racist or discriminating comments, or striking someone) is not tolerated. Residents unable to maintain their behavior or who are under the influence of drugs or alcohol may be denied entry, or asked to segregate themselves from others and remain in their room. Contraband. Illegal drugs, including without limitation, the non-prescription use of marijuana or other mind altering drugs, and weapons are not allowed on the property or in the housing facility. Alcohol. Alcohol consumption will be strictly monitored and may be confiscated in some circumstances. No alcohol consumption is permitted on the property outside the housing facility; Criminal Activities. Residents must not carry out or be involved in any criminal activities while a resident at the housing facility. Gossip. We each have the right to privacy in our lives. Gossiping about others is not acceptable. We consider it disrespectful of others and it creates problems. Visitors. Visitors are allowed generally between the hours of 9am and 9pm and must be registered while on site. Final Draft- February 2, 2016

23 Bylaw No Page 14 APPENDIX "A" (cont'd) (g) Grievance. You have the right to voice concerns about the supports and services you receive. Raising concerns will not result in any punitive action towards you. If you have a concern we encourage you to speak to the staff person or program supervisor/program. (h) Your Opinion. We'd like to know if you are satisfied with the housing facility. A questionnaire is available in the staff office or you can use the internet to complete one. Routines a. Overnight absences. The supports and services at the housing facility are in demand. With prior arrangement, you can take up two nights away from the residence. b. Going in and Out. We need to know who is in the residence. Residents sign in and out to ensure we are informed and have a record in case of emergency. c. Fire drills. In the event of a fire the staff needs to ensure you're safe. We hold one (1) fire drill per quarter to provide us with practice on getting out safely. Weekly we also do a health and safely checks of the residence and property. If you see something we should address please let us know. Cooperative Living We all live cooperatively. Please be kind and gentle. Please treat the housing facility with respect. We ask if you're tired you sleep in your unit. Please sit on couches and don't lie on them. Leave as little for others as possible to do for you. a. Cleanliness. Everyone is responsible for picking up after themselves (i.e. dishes into the dishwasher, tidy after yourself). There is a washer and dryer available for your use. b. Household chores. Residents are responsible to keep their apartments clean. Residents may be assigned additional chores, things like vacuuming and mopping. If you need help or aren't sure how something works or to do something, please ask. If the dishwasher is full turn it on. If it's full of clean dishes, put them away. c. Facility meeting. The Resident's Committee is your voice in the smooth operation of the housing facility. Barring special circumstances (like work or school) we expect everyone to attend. If you have a scheduling conflict, talk to staff about an authorized absence. d. Telephone. There is a phone available for residents in the staff office each day till 9pm. Please keep calls to not more than 10 minutes. Collect calls may not be accepted by residents. Final Draft- February 2, 2016

24 Bylaw No Page 15 APPENDIX "A" (cont'd) e. Moving out. We ask you to clean your room before you move out. Please be sure to take all your personal belongings with you. Anything left behind will be boxed and held for 30 days. f. Abandoning your unit. If you leave the program and don't return within 48 hours (without letting us know where you are) we will box up your belongings. We won't be responsible for keeping them more than 30 days. Abandoned belongings are donated. If you need to go to rehab or hospital, we can hold your apartment for your return as long as you have made arrangements with us. g. Lending and borrowing. We strongly discourage lending or borrowing belongings or money. If there is a dispute about lending or borrowing we will not try to mediate or solve the issue. If you lend it be prepared it may become a gift. Clients Not Meeting Expectations If you cannot meet our minimum expectations we will have to discuss how you can work things out. If you consistently have difficulty with these expectations and it is impacting the lives of others, we may ask you to leave. Final Draft- February 2, 2016

25 Bylaw No Page 16 APPENDIX "B" Statutory Declaration CANADA PROVINCE OF BRITISH COLUMBIA IN THE MATTER OF A HOUSING AGREEMENT WITH THE CITY OF ABBOTSFORD ("Housing Agreement") TO WIT: I, of, British Columbia, do solemnly declare that: 1. I am the Operator of (the "Unit") in the housing facility located at (the "Housing Facility"), and make this declaration to the best of my personal knowledge. 2. This declaration is made pursuant to the Housing Agreement in respect of the Unit. 3. For the period from to the Unit was occupied only by a Resident (as defined in the Housing Agreement). 4. The rent charged each month for the Unit is as follows: a. the monthly rent on the date 365 days before this date of this statutory declaration: $ per month; and b. the rent on the date of this statutory declaration: $ 5. I confirm that the Operator has complied with all terms and conditions of the Housing Agreement with respect to the use, operation and occupation of the Housing Facility and the dwelling units within the Housing Facility. 6. I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if make under oath and pursuant to the Evidence Act (British Columbia). DECLARED BEFORE ME at British Columbia, day of A Commissioner for taking Affidavits for British Columbia the ) this ) ) ) ) Final Draft- February 2, 2016

26 MEMORANDUM OF UNDERSTANDING RESPECTING THE DEVELOPMENT AND OPERATION OF A HOUSING FACILITY ON GLADYS AVENUE IN THE CITY OF ABBOTSFORD This Memorandum of Understanding (the "MOU") dated for reference ' 2016 is entered into among the City of Abbotsford (the "City"L Provincial Rental Housing Corporation {"PRHC"L British Columbia Housing Management Commission ("BC Housing") and Abbotsford Community Services (the "Society"). The parties to this MOU wish to set out and confirm their common understanding and intention with respect to the development and operation of a housing facility (the "Housing Facility"): 1. The City is the registered owner of the proposed location for the development of the Housing Facility, being those lands with a civic address of 2719 Gladys Avenue in Abbotsford, and legally described as PID Lot 1 Section 22 Township 16 New Westminster District Plan EPP58711 (the "Property"). 2. The City and PRHC will enter into a 60 year lease of the Property to enable PRHC to develop the Housing Facility. 3. The City, PRHC and BC Housing will enter into a housing agreement under section 483 of the Local Government Act, which will include terms and conditions respecting the use, operation and occupation of the proposed Housing Facility. 4. The Housing Facility will provide accommodation for persons who are homeless or at risk of becoming homeless. 5. The Housing Facility will include 30 dwelling units for residents, plus a caretaker unit. 6. PRHC and the Society have entered into or will enter into a Project Management Agreement whereby PRHC has retained or will retain the Society to provide project management services to deliver the Housing Facility. 7. PRHC will construct the Housing Facility and related improvements on the Property. PRHC has applied to the City for a building permit for the construction of the Housing Facility and intends to commence construction on or about the spring of PRHC anticipates that the Housing Facility will be completed and ready for occupation on or about the summer of 2017, though the completion date may be delayed due to events or circumstances beyond the reasonable control of PRHC that results in delays in commencing construction or completing construction. 8. On behalf of PRHC, BC Housing will assume responsibility for the management and operation of the Housing Facility. GENERAU / ATTACHMENT B

27 2 9. BC Housing will cause the Society to enter into an operator agreement (the "Operator Agreement") for the operation of the Housing Facility, the form of which will have been approved by the City. 10. The terms of the Operator Agreement will include funding to be provided by BC Housing to the Society for the management and operation of the Housing Facility. 11. In the event BC Housing deems it necessary to terminate the Operator Agreement and replace the Society with a new operator: a. PRHC acknowledges that it will be responsible for the management and operation of the Housing Facility until a new operator is identified and the new operator has entered into an operator agreement with BC Housing; and b. the City agrees to co-operate and assist with all reasonable requests of BC Housing and PRHC while they work to identify a new operator for the Housing Facility. 12. This MOU may be executed and delivered by the parties in one or more counterparts, each of which will be an original, and each of which may be delivered by facsimile, e mail or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same document. [Remainder of this page intentionally left blank] Feb 02, :22 AM / BC GENERAU /

28 3 While this MOU sets out the good faith intentions of the parties respecting the matters set out in this MOU, this MOU is not legally binding. AGREED TO THIS DAY OF, CITY OF ABBOTSFORD by its authorized signatories: PROVINCIAL RENTAL HOUSING CORPORATION by its authorized signatories: Mayor: Corporate Officer: Name: Title: Name: Title: BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION by its authorized signatories: ABBOTSFORD COMMUNITY SERVICES by its authorized signatories: Name: Title: Name: Title: Name: Title: Name: Title: Feb 02, :22 AM/BC GENERAU /