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HomeMy Public PortalAboutRegular Open Council - 08 Apr 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, APRIL 8, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption of Agenda C. ADOPTION OF PRIOR MINUTES 5 - 12 1. Minutes of March 25, 2013 Regular meeting D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 13 - 16 1. Minutes of March 25, 2013 Committee of the Whole meeting 2. Verbal report from the Chairperson of the April 8, 2013 Committee of the Whole meeting F. WATER MATTERS G. DELEGATIONS & PETITIONS 1. Presentation by Joanne Bray and Christine Coughtree Re: Lion's Foundation of Canada - Purina Walk For Dog Guides H. DEVELOPMENT PERMIT/VARIANCE HEARINGS I. BYLAWS 17 - 19 1. Civic Addressing Amendment Bylaw 1320.01 - for adoption - bylaw attached 21 - 45 2. Revitalization Tax Exemption Bylaw 1328 - for third reading - bylaw attached Regular Open Council of April 8, 2013 J. BUSINESS 47 - 48 1. Bylaw Enforcement Officer Appointment - Corporate Officer's report attached 49 - 58 2. Statement of Financial Information - Chief Financial Officer's report attached 59 - 60 3. CPR Building Windows/Doors Upgrade Contract - Director of Operations' report attached 61 - 74 4. Regional District of Okanagan-Similkameen Bylaw Referral OCP Amendment Bylaw 2450.06 and Zoning Amendment Bylaw 2451.12 General Location - East of Highway 97, at the north end of Osoyoos Lake - Municipal Manager's report attached 75 - 77 5. Councillor Larson - Request for Leave Without Pay - Corporate Officer's report attached K. CORRESPONDENCE 79 - 84 1. Correspondence Report - Corporate Officer's report attached L. REPORTS 85 1. Building Permit Summary report for March 2013 - report attached 87 2. Oliver Fire Department March Report 3. Water Councillor Miller 4. Water Councillor Machial 5. Councillor Larson 6. Councillor Doerr 7. Councillor Mattes 8. Councillor Bennest 9. Mayor Hovanes M. UPCOMING MEETINGS 1. April 22, 2013 - 4:00 pm - Committee of the Whole Meeting April 22, 2013 - 7:00 pm - Regular Meeting May 1 - 3, 2013 - SILGA (Salmon Arm) May 13, 2013 - 4:00 pm -Committee of the Whole Meeting Page 2 of 87 Regular Open Council of April 8, 2013 May 13, 2013 - 7:00 pm - Regular Meeting May 31 - June 4 - 2013 - FCM Conference (Vancouver) N. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. O. ADJOURNMENT 1. Adjournment Page 3 of 87 Page 4 of 87 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, MARCH 25, 2013 IN THE COUNCIL CHAMBER Present:Mayor Hovanes Councillors Larson, Doerr, Bennest and Mattes Water Councillors Miller and Machial Staff:T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer L. Schultz, Deputy Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:00 pm B ADOPTION OF AGENDA B-1 Adoption R-78/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: Airport Forage Crop Agreement (J-4) CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of March 11, 2013 Regular meeting R-79/13 It was MOVED and SECONDED That the minutes of the March 11, 2013 Regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None ITEM C. - 1. Page 5 of 87 Regular Open Minutes of March 25, 2013 E COMMITTEE REPORTS E-1 Minutes of March 11, 2013 Committee of the Whole meeting R-80/13 It was MOVED and SECONDED That the minutes of the March 11, 2013 Committee of the Whole meeting be received. CARRIED E-2 Verbal Report from the Chairperson of the March 25, 2013 Committee of the Whole meeting Councillor Mattes provided a verbal report on the items discussed during the Committee of the Whole meeting earlier in the day. F WATER MATTERS F-1 2013-2014 Water Capital Projects Loan Authorization Bylaw 1340 and 2013-2014 Water Capital Projects Temporary Borrowing Bylaw 1341 The Chief Financial Officer summarized his report. R-81/13 It was MOVED and SECONDED That “2013-2014 Water Capital Projects Loan Authorization Bylaw 1340” be read a first, second and third time; and That “2013-2014 Water Capital Projects Temporary Borrowing Bylaw 1341” be read a first, second and third time. CARRIED F-2 Water Quality Summary Report for February 2013 R-82/13 It was MOVED and SECONDED That the Water Quality Summary Report for February 2013 be received. CARRIED G DELEGATIONS & PETITIONS None H DEVELOPMENT PERMIT/VARIANCE HEARINGS ITEM C. - 1. Page 6 of 87 Regular Open Minutes of March 25, 2013 None I BYLAWS I-1 5 Year Financial Plan Bylaw 1337 R-83/13 It was MOVED and SECONDED That 5 Year Financial Plan Bylaw 1337 be adopted. CARRIED I-2 Revitalization Tax Exemption Bylaw 1328 The Municipal Manager summarized his report. R-84/13 It was MOVED and SECONDED That Revitalization Tax Exemption Bylaw 1328 be read a second time; and That staff proceed with publishing the required two notices respecting Bylaw 1328, as set out in section 227(3) and section 94 of the Community Charter. CARRIED I-3 Civic Addressing Amendment Bylaw 1320.01 The Municipal Manager summarized his report R-85/13 It was MOVED and SECONDED That Civic Addressing Amendment Bylaw 1320.01 be read a first, second and third time; and That adoption of Bylaw 1320.01 be scheduled for the regular meeting of Council to be held on April 8, 2013. CARRIED J BUSINESS J-1 Award of Bylaw Services Contract R-86/13 It was MOVED and SECONDED That Marshall Enforcement Services be awarded the contract for the Town of Oliver Bylaw Services Officer at a rate of $23.81/hour plus applicable taxes and Security Services at a rate of $13.32/hour plus applicable taxes , based on the following: ITEM C. - 1. Page 7 of 87 Regular Open Minutes of March 25, 2013 1) Ongoing satisfactory work with the Town of Oliver 2) Knowledge of the area, town bylaws and ticketing process; and That the signing officers be authorized to execute the contract. CARRIED J-2 Gas Tax Grants - Contribution Agreements The Municipal Manager summarized his report R-87/13 It was MOVED and SECONDED That the signing officers of the Town be authorized to execute the funding agreement for the Buchanan Road Water Supply Well Project, approved under the Federal Gas Tax Regionally-Significant Projects Fund to receive funding not to exceed 100% of project costs or $409,800; and That the signing officers of the Town be authorized to execute the funding agreement for the Oliver Rural Water System Twinning Phase 3 Project, approved under the Federal Gas Tax Strategic Priorities and Innovation Funds to receive funding not to exceed 100% of project costs or $1,243,000. CARRIED J-3 Protocol Agreements with Indian Bands The Municipal Manager summarized his report and a discussion ensued. R-88/13 It was MOVED and SECONDED That council review and discuss the draft RDOS protocol agreement from 2008 in order to provide the municipal director a better understanding of council’s perspectives, before the agreement is discussed at the April 4, 2013 RDOS board meeting; and That the Mayor have a discussion with Chief Clarence Louie about the agreement that the City of Penticton has with the Penticton Indian Band and weather that type of format would be the basis for making an agreement with the Town of Oliver. CARRIED ITEM C. - 1. Page 8 of 87 Regular Open Minutes of March 25, 2013 Late Item J-4 Airport Forage Crop Agreement R-89/13 It was MOVED and SECONDED That the signing authorities be authorized to execute a one year agreement, being year 2 out of 5 with Dave Casorso for the Airport Forage Crop. CARRIED K CORRESPONDENCE K-1 Correspondence Report R-90/13 R-91/13 a)E-mail and letter received March 8, 2013 from Clinton Shane Ekdahl, Founder of “Day of the Honey Bee”. Requesting Council review and reply. It was MOVED and SECONDED That Council recognize “Day of the Honey Bee” on May 29th and a letter be forwarded to the sender. DEFEATED Bennest, Larson, Doerr, Hovanes opposed It was MOVED and SECONDED That a letter be sent advising the sender that Council acknowledges the information and believe it is an important issue and bees are valued, but as a council we do not do proclamations. CARRIED R-92/13 b)E-mail received March 13, 2013 from Mohamed Awad, Black Hills Estate Winery regarding electric charging stations. It was MOVED and SECONDED That the Mayor respond to the e-mail received from Mohamed Awad regarding electric charging stations. CARRIED ITEM C. - 1. Page 9 of 87 Regular Open Minutes of March 25, 2013 R-93/13 c)Letter received March 18, 2013 from Toni Hall, Project Manager for Canadian fallen Heroes Foundation requesting a $50.00 donation to memorialize Michael Alexander Grant, Peacekeeper who was born in Oliver, BC. It was MOVED and SECONDED That the letter be forwarded to the Royal Canadian Legion to research the request regarding Michael Alexander Grant. CARRIED R-94/13 d)Letter received March 19, 2013 from Marji Basso, an Oliver Community Garden Director, requesting that a member be appointed to their Board as a liaison between the two organizations. It was MOVED and SECONDED That Councillor Bennest be appointed as liaison between the Community Garden and the Town of Oliver. CARRIED R-95/13 Correspondence in the Council Reading File It was MOVED and SECONDED That the correspondence in the Council Reading File be received. CARRIED L REPORTS L-1 Councillor Bennest C2C Forum Harrison Hot Springs (Union) L-2 Water Councillor Miller Water Supply Association meeting Chamber of Commerce Luncheon - Osoyoos L-3 Water Councillor Machial Today’s meetings L-4 Councillor Larson C2C Forum Chamber of Commerce Luncheon - Osoyoos ITEM C. - 1. Page 10 of 87 Regular Open Minutes of March 25, 2013 L-5 Councillor Doerr Chamber Luncheon in Osoyyos Interpretive Centre - lease signing Business after Business - Road 13 L-6 Councillor Mattes SILGA Board meeting C2C Forum Osoyoos Council Parks and Recreation meeting Dinner with Shirley Bond Spirit Ridge – OIB Announcement - Prison Business to Business Guest Speaker – Michael Bortlotto L-7 Mayor Hovanes Ms. Martin’s Grade 5 Class SILGA Executive meeting C2C Forum Chamber of Commerce Luncheon Opening and Closing - Crokinole Championship Met with concerned citizen’s Dinner with Attorney General Announcement with OIB – Prison Guest Speaker – Michael Bortlotto M UPCOMING MEETINGS Monday April 8, 2013 - 4:00 pm - Committee of the Whole Meeting Monday April 8, 2013 - 7:00 pm - Regular Meeting Monday April 22, 2013 - 4:00 pm - Committee of the Whole Meeting Monday April 22, 2013 - 7:00 pm - Regular Meeting N PUBLIC QUESTION PERIOD An opportunity was provided to the audience to ask questions regarding matters discussed during the meeting. ITEM C. - 1. Page 11 of 87 Regular Open Minutes of March 25, 2013 O ADJOURNMENT R-96/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 8:15 pm CERTIFIED AS CORRECT Mayor Deputy Corporate Officer ITEM C. - 1. Page 12 of 87 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, MARCH 25, 2013 IN THE COUNCIL CHAMBERS Present:Chairperson Mattes Mayor Hovanes Councillors Larson, Doerr and Bennest Water Councillors Miller and Machial Staff:T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer S. Goodsell, Director of Operations L. Schultz, Deputy Corporate Officer A CALL TO ORDER Chair Mattes called the meeting to order at 4:00 pm B ADOPTION OF AGENDA CW-36/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: Airport Forage Crop Agreement (F-4) Business CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of the March 11, 2013 Committee of the Whole meeting CW-37/13 It was MOVED and SECONDED That the minutes of the March 11, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E WATER MATTERS None ITEM E. - 1. Page 13 of 87 Committee of the Whole meeting minutes of March 25, 2013 F BUSINESS F-1 Purchasing Policy The Municipal Manager summarized his report and a discussion ensued on section 10 of the current purchasing and sales policy. need to have a contact list of contractors. people should make an effort to put their names on a list. an option could be to put ad in the paper once a year advising people to put their name on a list when work comes available an e-mail can be sent to everyone on the list and they have the option to reply or not. want an opportunity for people to get on the list at any time make it more transparent may not necessarily be the low bidder only if single contract is over $3,500 threshold Municipal Manager, Chief Financial Officer and Director of Operations to make necessary changes. F-2 Reserve Policy The Chief Financial Officer summarized his report and a discussion ensued. cap on snow removal cemetery care fund interest to be used for maintenance cap on pump replacement funding policy on water / sewer land sale reserve investigate using reserve funds to accelerate cemetery improvements CW-38/13 It was MOVED and SECONDED That the monies received from Ministry of Transportation for the McIntyre passing lanes land exchange be used to pay down long term debt or to reduce the amount of borrowing that is needed for 2013. CARRIED CW-39/13 It was MOVED and SECONDED To consolidate or eliminate the smaller reserve funds as per the Chief Financial Officer’s report. CARRIED ITEM E. - 1. Page 14 of 87 Committee of the Whole meeting minutes of March 25, 2013 CW-40/13 It was MOVED and SECONDED That $30,000.00 of revitalization reserve funds and balance of 362nd Avenue reserve funds be transferred into road capital reserve. CARRIED CW-41/13 It was MOVED and SECONDED That “staff investigate the potential sale of surplus lands from old water right of way to adjacent landowners” be added to the priority list for undertaking in 2013. CARRIED F-3 CW-42/13 National Park Reserve Proposal e-mail from City of Penticton It was MOVED and SECONDED That Council not respond to the City of Penticton request as presented regarding the National Park Reserve Proposal. CARRIED Late Item F-4 Airport Forage Crop Agreement CW-43/13 It was MOVED and SECONDED That the Airport Forage Crop Agreement be renewed for a one year term; and That the signing authorities be authorized to execute the agreement for 2013. CARRIED G PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. H ADJOURNMENT CW-45/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED ITEM E. - 1. Page 15 of 87 Committee of the Whole meeting minutes of March 25, 2013 The meeting was adjourned at 5:25 pm CERTIFIED AS CORRECT Chairperson Deputy Corporate Officer ITEM E. - 1. Page 16 of 87 ITEM I. - 1. Page 17 of 87 ITEM I. - 1. Page 18 of 87 ITEM I. - 1. Page 19 of 87 Page 20 of 87 TOWN OF OLIVER BYLAW 1328 A bylaw to establish a Revitalization Tax Exemption Program to provide relief from certain municipal property taxes for eligible development projects. Whereas: A. Council wishes to encourage revitalization by providing certain tax exemptions for qualifying developments in designated areas of Oliver; B. Council may provide revitalization tax exemptions pursuant to section 226 of the Community Charter; C. Council has given notice of its intention to adopt this Bylaw in accordance with section 227 of the Community Charter; D. Council has considered this Bylaw in conjunction with the objectives and policies set out under section 165 (3.1) (c) of the Community Charter in its financial plan; Now therefore, the Council of the Town of Oliver, in open meeting assembled, enacts as follows: Citation 1. This bylaw may be cited for all purposes as “Revitalization Tax Exemption Bylaw 1328”. Definitions 2. In this Bylaw: “Apartment Building” means a non-strata building under single ownership used or to be used for monthly rental of individual dwelling units. “Application Form” is the form referred to in section 14(2) of this bylaw. “Building Inspector” means the person designated to issue building permits and to perform building inspections pursuant to the Town’s Building Bylaw and the British Columbia Building Code. “Construction Value” means the estimated value of construction, acceptable to the Building Inspector and using the methodology for determining the value of construction on a building permit, and, if required by the Building Inspector, must be determined by an estimate prepared by the Owner’s architect or engineer. To the extent necessary, the Building Inspector may divide the Construction Value into separate components representing new construction, renovations and additions, as well as industrial, commercial and residential building components. ITEM I. - 2. Page 21 of 87 Revitalization Tax Exemption Bylaw 1328 Page 2 of 25 “Co-op” means a development that is set up and operated as a housing cooperative under the Cooperative Association Act of British Columbia. “Council” means the elected council of the Town of Oliver. “Designated Officer” means the person authorized by Council under section 3 of this Bylaw to administer this Bylaw. “Eligible Hotel Development” means a building or group of buildings containing not less than 50 sleeping units which are available to the general public for short term daily occupancy for not less than 182 days each year. An Eligible Hotel Development may include attached or ancillary conference and recreation facilities, restaurants, service businesses and retail outlets. If sleeping units are stratified, the strata lots must be subject to a Land Title Act, section 219 covenant requiring them to be used for tourist occupancy not less than 182 days each calendar year. “Eligible Housing Development” means an Apartment Building, a Co-op, or a building containing Restricted Strata Units. “Eligible Improvement” means a building or part of a building for which a tax exemption under this Bylaw is granted. “Exemption Agreement” means a revitalization tax exemption agreement referred to in section 15 of this bylaw. “Exemption Certificate” means a tax exemption certificate referred to in section 17 of this bylaw. “Final Inspection” means a written notice issued by the Building Inspector certifying that all work related to a building permit has been completed. “Occupancy Permit” means written authorization from the Building Inspector to occupy a building for its intended use. “Oliver Airport” means the property operated as an airport by the Town, comprised of the following parcel of land: Parcel Identifier: 007-629-583; Lot 2, DL 2450s, SDYD, Plan 38137, Except Plan 40263 and Plan KAP70549. “Owner” means the registered owner of a property or group of properties for which a tax exemption under this Bylaw has been applied for or granted and includes a tenant leasing land from the Town on the Oliver Airport. “Program” means the revitalization tax exemption program established under this Bylaw. “Property” means a parcel or group of parcels within a Revitalization Zone that is eligible for a tax exemption under this Bylaw. ITEM I. - 2. Page 22 of 87 Revitalization Tax Exemption Bylaw 1328 Page 3 of 25 “Restricted Strata Unit” means a Strata Unit within a multi-unit residential building that is subdivided under the Strata Property Act, and that is subject to a no separate sale covenant under section 219 of the Land Title Act, and that is subject to a housing agreement under section 905 of the Local Government Act, restricting the use of the dwelling unit to rental only for a period of at least 10 years following receipt of an Occupancy Permit. “Revitalization Zone” means a geographical area of the Town that has been established to provide tax exemptions for qualifying developments within that zone. “Strata Unit” means a strata lot within a multi-unit residential building that is subdivided under the Strata Property Act. “Town” means the Town of Oliver as a municipal corporation or the physical boundaries of the Town of Oliver, as the context requires. “Work” means site servicing, building construction, and landscaping related to a development for which a tax exemption is issued under this Bylaw. Designated Officer 3. The person appointed as the Chief Financial Officer of the Town is appointed as the Designated Officer to administer this Bylaw. In addition, a person appointed as Deputy Chief Financial Officer may also act as the Designated Officer in place of the Chief Financial Officer. Delegation to Designated Officer 4. For each Exemption Agreement that is entered into pursuant to this Bylaw, Council hereby delegates to the Designated Officer the authority to solely sign and issue the applicable Exemption Certificate. Establishment of Revitalization Zones 5. This Bylaw creates the Revitalization Zones listed below: (1) Downtown Commercial Revitalization Zone, as described in Schedule C; (2) Core Area Residential Revitalization Zone, as described in Schedule D; (3) Industrial Revitalization Zone, as described in Schedule E; and (4) Airport Revitalization Zone, as described in Schedule F. ITEM I. - 2. Page 23 of 87 Revitalization Tax Exemption Bylaw 1328 Page 4 of 25 Revitalization Tax Exemption Program – Reasons and Objectives 6. The Revitalization Tax Exemption Program is hereby established. The reasons for and objectives of the Program are to foster economic growth, community revitalization, and housing availability by encouraging the construction and renovation of buildings within the Revitalization Zones established in this Bylaw. More specific objectives of each Revitalization Zone are stated in the attached Schedules. 7. The Program is intended to accomplish its objectives by providing property tax relief for qualifying developments in Revitalization Zones. Qualification Deadline 8. This Bylaw commences on the date of its adoption, and developments that are under construction as of that date or for which a building permit has been issued on or prior to that date are not eligible for a tax exemption under this Bylaw. 9. In order to be eligible for an Exemption Certificate under this Bylaw, an Owner of a Property must submit a completed Application Form for a tax exemption on or before May 31, 2018 and enter into a Tax Exemption Agreement with the Town on or before June 29, 2018. Scope of Tax Exemption 10. The tax exemption available under this Bylaw is limited to the property value taxes imposed for general municipal purposes by the Town under section 197(1)(a) of the Community Charter. 11. This Bylaw is intended to provide tax relief only and nothing in this Bylaw shall be interpreted such that an Owner is entitled to a tax refund or any other payment from the Town. 12. If the Eligible Improvement is destroyed or demolished or otherwise removed, the tax exemption for improvements, and the tax exemption for land (if applicable) under this Bylaw, shall cease until another Eligible Improvement has been reconstructed on the Property within the term of the tax exemption. Strata Subdivision 13. Where an Eligible Improvement is a Strata Unit or is subdivided into a Strata Unit under the Strata Property Act: (1) the tax exemption for improvements under this Bylaw for each Strata Unit will be granted such that the tax on improvements for that Strata Unit will be imposed on the assessed value of the improvements minus the total Construction Value apportioned in accordance with the unit entitlement of the Strata Unit, and (2) the tax exemption for land under this Bylaw (if applicable) for each Strata Unit will be granted such that the tax on land for that Strata Unit will be imposed on the assessed value of the land minus 35% of the assessed value of the land. ITEM I. - 2. Page 24 of 87 Revitalization Tax Exemption Bylaw 1328 Page 5 of 25 Tax Exemption Criteria 14. In order to qualify for a tax exemption, the following criteria must be met in relation to a Property: (1) Compliance with Bylaw – There must be strict compliance with the criteria established by this Bylaw, including its Schedules. (2) Application – A completed Application Form for tax exemption under this Bylaw must be submitted by the Owner in writing to the Town on the form established by the Designated Officer from time to time, but completion of the form does not relieve the Owner from providing all additional information required by the Designated Officer. (3) Exemption Agreement – Upon submission of a satisfactory application, an Exemption Agreement must be approved by Council and executed by the Owner and the Town, and the Owner must not be in breach of the Agreement during the term of the Agreement. (4) Exemption Certificate – Once all the requirements of the Exemption Agreement are complied with, an Exemption Certificate shall be issued and there must be compliance by the Owner with the conditions of the Exemption Certificate. (5) No Government Orders – The construction on the Property must not be a response to an order of the Town or of another public authority. (6) Payment of Taxes – All property taxes, rates, fees, and other charges levied by the Town, including penalties and interest, on the Property and on other land owned by the Owner within the Town must have been paid at the time of application for the Tax Exemption and be kept current during the terms of the Exemption Agreement and the Exemption Certificate. (7) Compliance with Laws –The Owner must, at the time of the application for the tax exemption, be using and occupying the Property in compliance with and at all times during the term of the tax exemption must use and occupy the Property in compliance with all enactments, regulations, and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or municipal laws, statutes, bylaws, licences, permits, and approvals, including all the rules, regulations, policies, guidelines, criteria or the like made under any such laws. Form of Exemption Agreement 15. The substantive terms of the Exemption Agreement to be entered into under this Bylaw are contained within the agreement attached as Schedule A, subject to such additional site- specific conditions as are considered necessary by the Designated Officer or by Council in respect of any particular Property. Timing of Agreement 16. When an Owner has completed the Application Form and provided all other information required by the Designated Officer, all to the satisfaction of the Designated Officer, the ITEM I. - 2. Page 25 of 87 Revitalization Tax Exemption Bylaw 1328 Page 6 of 25 Designated Officer will request that Council consider entering into an Agreement with the Owner. Exemption Certificate 17. Once the conditions established under the Exemption Agreement have been met, an Owner of Property shall be entitled to an Exemption Certificate issued by the Designated Officer with the substantive terms of the certificate attached as Schedule B, plus any other site- specific conditions contained in the Exemption Agreement for that Property. Date of Effectiveness of Certificate 18. Where the Exemption Certificate is issued on or before October 31 of a given year, the first year of the tax exemption is the taxation year subsequent to the year in which the Exemption Certificate is issued. Where the Exemption Certificate is issued after October 31 of a given year, the first year of the tax exemption is the second year following the year in which the Exemption Certificate is issued. Cancellation of Exemption Certificate 19. An Exemption Certificate will be cancelled by Council: (1) on the request of the Owner; or (2) if any of the conditions in the Exemption Certificate are not met. Recapture of Taxes 20. If Property that has benefitted from a tax exemption under the Program established by this Bylaw ceases to meet all the conditions of the Exemption Certificate, then the Ex emption Certificate shall be cancelled as per subsection 19(2) of this bylaw and all tax exempted commencing in the calendar year in which the conditions under the Exemption Certificate were not met shall be calculated by the Designated Officer and shall become a debt immediately payable by the Owner at that time to the Town and must be repaid by the Owner at that time. Interest shall be calculated on the outstanding amount, from the date the conditions of the Exemption Certificate were not met, at the rate set by the Province for arrears of taxes, compounded monthly and shall continue to accrue until the debt is paid in full. No Multiple Exemptions 21. Notwithstanding any other provision of this Bylaw, a Property which is receiving a tax exemption pursuant to any other bylaw may not apply for or qualify for a tax exemption under this Bylaw. Schedules 22. This Bylaw includes and incorporates the following six schedules: Schedule A – Form of Exemption Agreement Schedule B – Form of Exemption Certificate ITEM I. - 2. Page 26 of 87 Revitalization Tax Exemption Bylaw 1328 Page 7 of 25 Schedule C – Downtown Commercial Revitalization Zone Schedule D – Core Area Residential Revitalization Zone Schedule E – Industrial Revitalization Zone Schedule F – Airport Revitalization Zone Read a First time on January 14, 2013. Read a Second time on March 25, 2013. Read a Third time on _______________________, 2013. Notice pursuant to section 227(3) of the Community Charter was published on April 3, 2013 and on April 10, 2013. Adopted on ______________________, 2013. Mayor Corporate Officer ITEM I. - 2. Page 27 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 8 of 25 Schedule A – Form of Exemption Agreement THIS AGREEMENT dated for reference the ___ day of ___________, 20___ BETWEEN: [Insert Owner Name and Address] (the "Owner") AND: Town of Oliver 6150 Main Street PO Box 638 Oliver, BC V0H 1T0 (the “Town”) WHEREAS: A. The Town has, by the Bylaw (defined later in this Agreement), established a Revitalization Tax Exemption Program for the purpose of encouraging revitalization of certain areas of the municipality; B. The Owner is the registered owner, or the registered leaseholder of the Land, as defined in this Agreement; C. The Land is located in an area designated within the Bylaw as a revitalization area; D. The Owner has applied for a Tax Exemption under the Bylaw and a copy of the Application Form is attached to this Agreement, and the Owner has provided to the Town’s Chief Financial Officer all additional information required for the purposes of this Agreement, which additional information is also attached; E. This Agreement contains the terms and conditions respecting the issuance, by the Town, of an Exemption Certificate granting a partial municipal property tax exemption on the Land; and F. The Owner and the Town wish to enter into this Agreement. THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement (the receipt and sufficiency of which consideration the Town and the Owner hereby expressly acknowledge), the Town and Owner covenant and agree with each other as follows: Definitions 1. In this Agreement the following words have the following meanings: "Agreement" means this Agreement. ITEM I. - 2. Page 28 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 9 of 25 "Bylaw" means "Revitalization Tax Exemption Bylaw 1328". "Land" means [Insert complete legal description of the lands, including parcel identifier number]. Bylaw Definitions 2. Any terms not defined in this Agreement but defined in the Bylaw have the meanings given in the Bylaw. Term 3. This Agreement shall commence on the date of its full execution and shall terminate: (1) if a Final Inspection and an Occupancy Permit [if applicable] for the Eligible Improvement are not obtained on or before [insert deadline date for completion] ; or (2) upon issuance of an Exemption Certificate if an Exemption Certificate is issued . Revitalization Zone 4. The Owner has applied to the Town for a Tax Exemption in the following revitalization zone [check one]:  Downtown Commercial  Core Area Residential  Industrial  Airport Tax Exemption Certificate 5. If the Owner meets all of the following conditions, the Town will issue an Exemption Certificate, in form generally attached as Schedule B to the Bylaw, for the applicable Tax Exemption, as authorized by the Bylaw, in respect of the Land: (1) Construction or Alteration – The Owner must have constructed to a state of completion as evidenced by a Final Inspection and also by an Occupancy Permit, if applicable, issued by the Building Inspector, the following Eligible Improvement on the Land: [Insert project description here] (2) Completion of Work – All Work must be completed in accordance with the BC Building Code and applicable bylaws and servicing agreements with the Town, as well as any building permit or permit issued by the Town under Part 26 of the Local Government Act, including completion of all on-site and off-site landscaping or servicing Work that is required by any such bylaw, permit or servicing agreement. (3) Schedules – The Property must be developed in accordance with all applicable criteria set out in the Bylaw, including the Schedules to the Bylaw. (4) Utility Connections – The Owner must have paid to the Town the costs of all tie-ins of works and services associated with the Eligible Improvement to existing storm and sanitary sewers, water mains, water meters, driveways, and other municipal services. ITEM I. - 2. Page 29 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 10 of 25 (5) No Government Orders – The construction of the Eligible Improvement must not have been a response to an order of the Town or an order of anot her public authority. (6) No Change in Zoning – The Owner must not have applied to the Town during the term of this Agreement to change the zoning of the Land to some use other than the proposed use stated in the application. (7) Payment of Taxes – All property taxes, rates, fees, and other charges levied by the Town, including penalties and interest, on the Property and on other land owned by the Owner within Town must be paid. (8) Subdivision – The Owner must not have, during the term of this Agreement, subdivided the Land or any building on the Land, whether by conventional subdivision or in any other way, except for a strata subdivision creating a Strata Unit or a Restricted Strata Unit or stratifying a commercial, industrial or mixed-use building. (9) Compliance with Laws and Covenants – The Owner must have, during the term of this Agreement, used and occupied the Land in compliance with all enactments, regulations, and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or municipal laws, statutes, bylaws, licences, permits or approvals, including all the rules, regulations, policies, guidelines, criteria or the like made under any such laws and shall have complied with all land use covenants and land use agreements and charges registered against upon title of the Land. (10) Change of Ownership – The Owner must not have sold, assigned or otherwise transferred all or a portion of his or her equitable or legal interest in the Land during the term of this Agreement unless the transferee took an assignment of this Agreement, in a form satisfactory to the Town, and agreed to be bound by it. (11) Additional Site-Specific Terms – [List additional terms here] Entire Agreement 6. This Agreement constitutes the entire agreement between the Owner and the Town with regard to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written of the Town with the Owner. Further Assurances 7. The Owner shall, on the request of the Town, execute and deliver or cause to be executed and delivered, all such further transfers, agreements, documents, instruments, easements, deeds and assurances, and do and perform or cause to be done and performed, all such acts and things as may be, in the opinion of the Town, necessary to give full effect to the intent of this Agreement. No Town Representations 8. It is mutually understood, agreed and declared by and between the parties that the Town has made no representations, covenants, warranties, guarantees, promises, or agreements ITEM I. - 2. Page 30 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 11 of 25 (oral or otherwise), expressed or implied, with the Owner other than those expressly contained in this Agreement. Notices 9. All notices to be given under this Agreement must be in writing and may be delivered by hand or mailed by first-class prepaid registered mail to the address for the party at the top of this Agreement. Any notice delivered by hand is deemed to be given and received on the day it is sent. Any notice mailed is deemed to be given and received on the fourth day after it is posted (unless there is a mail strike, slow down or other labour dispute which might affect delivery, in which case the notice will be effective only if actually delivered). Notices must be addressed to the addresses on page 1 or to such other address as may from time to time be advised by a party in writing. Notices to the Town must be addressed to the attention of the "Corporate Officer". Powers Preserved 10. Nothing contained in or implied by this Agreement prejudices or affects the rights and powers of the Town in the exercise of its functions under any enactment or at common law, all of which may be fully and effectively exercised in relation to the Improvement and the Land. Relationship 11. Nothing in this Agreement is to be interpreted as creating an agency, partnership or joint venture between the Town and the Owner. Time 12. Time is of the essence in this Agreement. Remedies not Exclusive 13. No reference to or exercise of any specific right or remedy by the Town prejudices or precludes the Town from any other remedy, whether allowed at law or in equity or expressly provided for herein. Headings 14. The headings appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision of it. Waiver 15. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach in respect of which the waiver is asserted. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement. ITEM I. - 2. Page 31 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 12 of 25 Interpretation 16. Wherever the singular or masculine or neuter is used in this Agreement, the same will be construed as meaning the plural, the feminine or body corp orate where the context or the parties so require. Severance 17. If any section, subsection, clause or phrase of this Agreement is held to be invalid for any reason by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the Agreement. Enurement 18. This Agreement enures to the benefit of and is binding upon the parties and their respective successors and in the case of the Owner, its permitted assigns. Statutory References 19. A reference in this Agreement to a statute includes regulations made pursuant to it and includes all amendments and replacements to them from time to time. Modifications 20. No amendment or modification of any of the terms or provisions of this Agreement will be of any force or effect unless the amendment or modification is in writing and duly executed by the Town and the Owner. Governing Law 21. This Agreement will be governed by and interpreted in accordance with the laws of British Columbia. Joint and Several Liability 22. In circumstances where two or more persons comprise the Owner, those persons shall be jointly and severally liable for performance of the obligations of the Owner under this Agreement. Expense of Owner 23. The expense of performing the obligations and covenants of the Owner contained in this Agreement, and of all matters incidental to them, is solely that of the Owner. Owner's Representations and Warranties 24. The Owner represents and warrants to the Town that: (1) If the Owner is a corporation, all necessary corporate actions and proceedings have been taken by the Owner to authorize its entry into and performance of this Agreement; ITEM I. - 2. Page 32 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 13 of 25 (2) If the Owner is a corporation, the Owner has the corporate capacity and authority to enter into and perform this Agreement. (3) Upon execution and delivery on behalf of the Owner, this Agreement constitutes a valid and binding contractual obligation of the Owner; (4) Neither the execution and delivery, nor the performance, of this Agreement shall breach any other agreement or obligation, or cause the Owner to be in default of any other agreement or obligation, respecting to the Land; and As evidence of their agreement to be bound by the terms of this Agreement, the parties have executed this Agreement on the dates written below. DATED the __ day of ________, 20 __ ) ) Executed by the Town of Oliver ) by its authorized signatories: ) ) seal ) _____________________________ ) ) ) _____________________________ ) ) DATED the ___ day of ________, 20__ ) ) (insert corporate name) ) by its authorized signatory(ies): ) seal ) ) ) ) ITEM I. - 2. Page 33 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 14 of 25 Schedule B: Form of Exemption Certificate This Tax Exemption Certificate is issued in accordance with: A. Revitalization Tax Exemption Bylaw 1328 (the "Bylaw"); B. The Revitalization Tax Exemption Program (the "Program") established by the Bylaw; and C. The Revitalization Tax Exemption Agreement dated for reference the ___ day of _________________, 20____ (the "Agreement") entered into between the Town of Oliver (the “Town”) and the: [select one]:  registered owner(s)  registered leaseholder(s) (the “Owner”) of those land(s) and improvements within the Town, legally described as: Parcel Identifier: _____________________ Legal Description: ________________________________________________________ ________________________________________________________________________ Property Tax Roll Number(s): _______________________________________________ Civic Address: ____________________________________________________________ (the “Land”) Whereas the Owner has constructed on the Land certain improvements described below, which qualify for a tax exemption under the Bylaw and under Section 226 of the Community Charter: [Identification of Eligible Improvements] ____________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Now therefore, this Certificate certifies that the Land is subject to a revitalization tax exemption as follows: [Years and values are illustrative only and are to be amended or deleted as applicable.] The total term of Tax Exemption is ___ years, commencing in ______ and ending in _______. Table 1: Improvement Value Assessment Exemption Year Amount of Exemption 1 – 5 (2014-2018) Lesser of $1,000,000 or assessed improvement value 6 (2019) Lesser of $800,000 or assessed improvement value 7 (2020) Lesser of $600,000 or assessed improvement value 8 (2021) Lesser of $400,000 or assessed improvement value 9 (2022) Lesser of $200,000 or assessed improvement value 10 (2023) Lesser of $100,000 or assessed improvement value ITEM I. - 2. Page 34 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 15 of 25 Table 2: Land Value Assessment Exemption Year Amount of Exemption 1 – 5 (2014-2018) 35% of assessed value of land only 6 (2019) 30% of assessed value of land only 7 (2020) 25% of assessed value of land only 8 (2021) 20% of assessed value of land only 9 (2022) 15% of assessed value of land only 10 (2023) 10% of assessed value of land only Conditions of Tax Exemption 1. This Certificate is issued on the following conditions: (1) Compliance with Bylaw – The Land must strictly meet and continue at all times to meet the criteria within Revitalization Tax Exemption Bylaw 1328 (the “Bylaw”), including its Schedules. (2) No Change in Zoning – The Owner must not apply to the Town during the term of the tax exemption to change the zoning of the Land to a category of use (residential / commercial / industrial) other than the category of use for which the tax exemption was granted. (3) Ongoing Occupancy / Business Operations - The Eligible Improvement must be continuously used for and only for a residential use or a commercial or an industrial business operation, whichever is applicable, during the term of the tax exemption. (4) Subdivision – The Owner must not have subdivided the Land or any building on the Land, whether by conventional subdivision or in any other way, except for a strata subdivision creating a Strata Unit or a Restricted Strata Unit or stratifying a commercial, industrial or mixed-use building. (5) Demolition / Destruction – If the Eligible Improvement is destroyed or demolished or otherwise removed, the tax exemption for improvements under the Bylaw, and the tax exemption for land (if applicable), shall cease until another Eligible Improvement has been reconstructed on the Land within the term of the tax exemption; however, the term of this Certificate will not be extended. (6) Compliance with Laws and Covenants – The Owner must during the term of the tax exemption use and occupy the Land in compliance with all enactments, regulations, and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or municipal laws, statutes, bylaws, licences, permits or approvals, including all the rules, regulations, policies, guidelines, criteria or the like made under any such laws and shall remain in compliance with all land use covenants and land use agreements and charges registered against upon title of the Land. (7) Business License – Where applicable, the Owner must at all times possess a valid business licence issued by the Town in respect of the business carried on at the Land. ITEM I. - 2. Page 35 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 16 of 25 (8) Payment of Taxes - All property taxes, rates, fees, and other charges levied by the Town, including penalties and interest, on the Land (minus taxes exempted under the Bylaw) and on other land owned by the Owner within the Town must be paid during the term of the tax exemption. For clarity, If taxes payable on the Land or on other land owned by the Owner within the Town become in arrears, this Certificate shall be cancelled. Strata Subdivision 2. Where the Eligible Improvement is a strata lot or is subdivided into a strata lot under the Strata Property Act: (1) the tax exemption for improvements under the Bylaw for each strata lot will be granted such that the tax on improvements for that strata lot will be imposed on the assessed value of the improvements minus the improvement value exemption shown in Table 1 apportioned in accordance with the unit entitlement of the strata lot, and (2) [if applicable] the tax exemption for land under the Bylaw for each strata lot will be granted such that the tax on land for that strata lot will be imposed on the assessed value of the land minus the land value exemption shown in Table 2. Cancellation of Certificate 3. This Certificate may be cancelled by the Council of Oliver: (1) on the request of the Owner; or (2) if any of the conditions in this Certificate are not met. Partial Recapture of Exempted Taxes 4. If the Land ceases to meet all the conditions of this Certificate, then this Certificate shall be cancelled and all tax exempted commencing in the calendar year in which the conditions under this Certificate were not met shall be calculated by the Designated Officer and shall become a debt immediately payable by the Owner at that time to the Town and must be repaid by the Owner at that time. Interest shall be calculated on the outstanding amount, from the date the conditions of this Certificate were not met, at the rate set by the Province for arrears of taxes, compounded monthly and shall continue to accrue until the debt is paid in full. No Refund 5. For clarity, under no circumstances will the Owner be entitled under the Program to any cash credit, carry forward tax exemption credit or any refund for any property taxes paid. DATED the ___ day of _________ , 20 ___ Town of Oliver by its authorized signatory: __________________________________ Chief Financial Officer ITEM I. - 2. Page 36 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule C Page 17 of 25 Schedule C: Downtown Commercial Revitalization Zone 1. The Downtown Commercial Revitalization Zone is comprised of the shaded area, outlined in dashed lines, illustrated below: ITEM I. - 2. Page 37 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule C Page 18 of 25 2. The specific objectives of the Downtown Commercial Revitalization Zone are: (1) To encourage commercial development of existing vacant properties in the historic downtown core area of Oliver; (2) To encourage introduction of new commercial activities and new commercial buildings and to sustain existing commercial activities by encouraging revitalization of existing buildings in the downtown core area; (3) To enhance the livability and vibrancy of the downtown area by encouraging construction of new residential dwelling units above commercial developments in the downtown core area; (4) To enhance the aesthetic appearance of the downtown core area by encouraging renovation to the facades and other exterior components of buildings in the area. 3. The following tax exemptions apply in the Downtown Commercial Revitalization Zone: (1) New Construction and Expansion – For new commercial construction on vacant lots and for expansion of existing commercial buildings, including construction of residential dwelling units above the ground floor of a commercial building, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value. (2) Interior Renovations and Façade Improvements – For interior renovations or facade improvements in excess of $100,000 Construction Value, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value. 4. The above tax exemptions shall be provided for the following terms: (1) For an Eligible Hotel Development built under section 3(1) of this Schedule, the tax exemption shall be granted for 10 years. (2) For all other qualifying construction under section 3(1) of this Schedule, the full tax exemption shall be granted for 5 years, then reduced such that references to Construction Value are reduced to the following amounts: (a) Year 6 – 80% of Construction Value (b) Year 7 – 60% of Construction Value (c) Year 8 – 40% of Construction Value (d) Year 9 – 20% of Construction Value (e) Year 10 – 10% of Construction Value. (3) For qualifying construction under subsection 3(2) of this schedule the tax exemption shall be granted for 5 years only. ITEM I. - 2. Page 38 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule D Page 19 of 25 Schedule D: Core Area Residential Revitalization Zone 1. The Core Area Residential Revitalization Zone is comprised of the shaded area, outlined in dashed lines, illustrated below: ITEM I. - 2. Page 39 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule D Page 20 of 25 2. The specific objectives of the Core Area Residential Revitalization Zone are: (1) To enhance the livability and vibrancy of the downtown area by encouraging construction of new multi-family residential dwelling units in the downtown core area; (2) To encourage realization of the medium to high-density residential designation of this area in the Official Community Plan; (3) To create a residential base within walking distance from the downtown commercial area thus encouraging the evolution of a walkable downtown area in accordance with smart growth principles; and (4) To encourage creation of rental and co-op housing opportunities. 3. The following tax exemptions apply in the Core Area Residential Revitalization Zone: (1) New Construction (a) For construction of a new Eligible Housing Development that is an Apartment Building or a Co-op containing not less than four dwelling units and being not less than two stories high on an existing land parcel, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Valu e. (b) For construction of a new building containing not less than four Strata Units or Restricted Strata Units and being not less than two stories high on an existing parcel, a tax exemption for each Strata Unit or the Restricted Strata Unit, as applicable, will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus the total Construction Value apportioned in accordance with the unit entitlement of each Strata Unit or Restricted Strata Unit, as applicable. (2) Assembly Parcels (a) For construction of a new Eligible Housing Development that is an Apartment Building or a Co-op containing not less than four dwelling units and being not less than two stories high on land made up of former lots that were assembled and/or consolidated for the purpose of the development, (i) a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value; and (ii) a tax exemption on the land will be granted such that the tax on land will be imposed on the assessed value of the land minus 35% of the assessed value of the land. (b) For construction of a new building containing not less than four Strata Units or Restricted Strata Units and being not less than two stories high on land made up of former lots that were assembled and/or consolidated for the purpose of the development, ITEM I. - 2. Page 40 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule D Page 21 of 25 (i) a tax exemption for the Strata Unit or the Restricted Strata Unit, as applicable, will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus the total Construction Value apportioned in accordance with the unit entitlement of the Strata Unit or Restricted Strata Unit, as applicable; and (ii) a tax exemption on the land of each Strata Unit or Restricted Strata Unit, as applicable, will be granted such that the tax on land will be imposed on the assessed value of the land minus 35% of the assessed value of the land. 4. The above tax exemptions shall be provided for the following terms: (1) For Strata Units, the above exemptions will be granted for 5 years only. (2) For Restricted Strata Units and other Eligible Housing Developments, the above exemptions will be granted for 5 years, then reduced such that references to Construction Value and to 35% of assessed value of land are reduced to the following amounts: (a) Year 6 – 80% of Construction Value and 30% of assessed value of land, where applicable (b) Year 7 – 60% of Construction Value and 25% of assessed value of land, where applicable (c) Year 8 – 40% of Construction Value and 20% of assessed value of land, where applicable (d) Year 9 – 20% of Construction Value and 15% of assessed value of land, where applicable (e) Year 10 – 10% of Construction Value and 10% of assessed value of land, where applicable. ITEM I. - 2. Page 41 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 22 of 25 Schedule E: Industrial Revitalization Zone 1. The Industrial Revitalization Zone is comprised of the shaded area, outlined in dashed lines, illustrated below: ITEM I. - 2. Page 42 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 23 of 25 2. The specific objectives of the Industrial Revitalization Zone are: (1) To create employment opportunities by encouraging industrial and commercial development in the established industrial areas of Oliver; (2) To encourage introduction of new industrial and commercial buildings and activities and to sustain existing industrial and commercial activities by encouraging revitalization of existing buildings in industrial zones. 3. Subject to section 5 and section 6 of this Schedule, the following tax exemptions are provided in the Industrial Revitalization Zone: (1) New Construction and Expansion – For new construction or expansion of existing industrial and commercial buildings with a Construction Value of $250,000 or more, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value. (2) Renovations – For renovations of existing industrial and commercial buildings with a Construction Value of $250,000 or more, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value. 4. The above tax exemptions shall be provided for the following terms: (1) For qualifying construction under subsections 3(1) of this schedule the full tax exemption shall be granted for 5 years, then reduced such that references to Construction Value are reduced to the following amounts: (a) Year 6 – 80% of Construction Value (b) Year 7 – 60% of Construction Value (c) Year 8 – 40% of Construction Value (d) Year 9 – 20% of Construction Value (e) Year 10 – 10% of Construction Value. (2) For qualifying construction under subsection 3(2) of this schedule the tax exemption shall be granted for 5 years only. 5. Notwithstanding Section 3 of this Schedule, no tax exemption will be granted or continued where the principal use of the Property is or becomes one or both of the following: (1) Indoor or outdoor storage facilities; and (2) Vehicle recycling facilities. 6. Notwithstanding anything else in the Bylaw or this Schedule, if the assessment class of the Property for any reason ceases to be Class 4 – Major Industry, Class 5 – Light Industry or Class 6 – Business and Other, the Property is not eligible for a tax exemption under this Bylaw and any existing tax exemption under this Bylaw ceases at the time of the change in assessment class. ITEM I. - 2. Page 43 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule F Page 24 of 25 Schedule F: Airport Revitalization Zone 1. The Airport Revitalization Zone is comprised of the Oliver Airport located in the shaded area, and outlined in dashed lines, illustrated below: ITEM I. - 2. Page 44 of 87 Revitalization Tax Exemption Bylaw 1328 – Schedule F Page 25 of 25 2. The specific objectives of the Airport Revitalization Zone are: (1) To create aviation-related employment opportunities by encouraging commercial and industrial development on the Oliver Airport; and (2) To enhance the financial viability of the Oliver Airport by fostering lease revenues from new commercial and industrial developments on the airport. 3. Subject to section 5 of this Schedule, the following tax exemptions are provided in the Airport Revitalization Zone: (1) New Construction – For new industrial or commercial construction on vacant land, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of the improvements minus Construction Value. (2) Expansion – For expansion of existing industrial and commercial operations in excess of $250,000 Construction Value, a tax exemption for improvements only will be granted such that the tax on improvements will be imposed on the assessed value of th e improvements minus Construction Value. 4. The above tax exemptions shall be granted for 5 years, then reduced such that references to Construction Value are reduced to the following amounts: (1) Year 6 – 80% of Construction Value (2) Year 7 – 60% of Construction Value (3) Year 8 – 40% of Construction Value (4) Year 9 – 20% of Construction Value (5) Year 10 – 10% of Construction Value. 5. Notwithstanding Section 3 of this Schedule, no tax exemption will be granted or continued where the principal use of the Property is or becomes general aviation hangars for storage of non-commercial aircraft. ITEM I. - 2. Page 45 of 87 Page 46 of 87 ITEM J. - 1. Page 47 of 87 ITEM J. - 1. Page 48 of 87 ITEM J. - 2. Page 49 of 87 ITEM J. - 2. Page 50 of 87 ITEM J. - 2. Page 51 of 87 ITEM J. - 2. Page 52 of 87 ITEM J. - 2. Page 53 of 87 ITEM J. - 2. Page 54 of 87 ITEM J. - 2. Page 55 of 87 ITEM J. - 2. Page 56 of 87 ITEM J. - 2. Page 57 of 87 ITEM J. - 2. Page 58 of 87 ITEM J. - 3. Page 59 of 87 ITEM J. - 3. Page 60 of 87 ITEM J. - 4. Page 61 of 87 ITEM J. - 4. Page 62 of 87 ITEM J. - 4. Page 63 of 87 ITEM J. - 4. Page 64 of 87 ITEM J. - 4. Page 65 of 87 ITEM J. - 4. Page 66 of 87 ITEM J. - 4. Page 67 of 87 ITEM J. - 4. Page 68 of 87 ITEM J. - 4. Page 69 of 87 ITEM J. - 4. Page 70 of 87 ITEM J. - 4. Page 71 of 87 ITEM J. - 4. Page 72 of 87 ITEM J. - 4. Page 73 of 87 ITEM J. - 4. Page 74 of 87 ITEM J. - 5. Page 75 of 87 ITEM J. - 5. Page 76 of 87 ITEM J. - 5. Page 77 of 87 Page 78 of 87 ITEM K. - 1. Page 79 of 87 ITEM K. - 1. Page 80 of 87 ITEM K. - 1. Page 81 of 87 ITEM K. - 1. Page 82 of 87 ITEM K. - 1. Page 83 of 87 ITEM K. - 1. Page 84 of 87 IT E M L . - 1 . Pa g e 8 5 o f 8 7 Page 86 of 87 ITEM L. - 2. Page 87 of 87