DocumentsOtherApr 22, 2025Pages 128–132
In Camera Resolution
Resolution to close the meeting to the public under Community Charter section 90(1)(c) and (e) to consider labour/employee relations and land acquisition/disposition matters.
Key facts
- Statutory authority: Community Charter s.90(1)(c) (labour relations) and s.90(1)(e) (land acquisition/disposition)
- Purpose: Council to consider labour relations and land acquisition/disposition matters in-camera
In Camera Resolution
D.
The City has established an "Attainable Housing Down Payment Assistance Program" for Qualified Buyers, pursuant to which the City will provide a grant to a Qualified Buyer who has been approved by the City as meeting the Qualified Buyer criteria as described in this Agreement and applicable City policy, to assist with the purchase of housing units under housing agreements entered into in connection with this Program, including this Agreement, as follows:
(a) Household Income of less than $119,999 will receive a grant in the amount of 75% of the 5% down payment;
(b) Household Income of between $120,000 and $134,999 will receive a grant in the amount of 50% of the 5% down payment; and
(c) Household Income of between $135,000 to $150,000 will receive a grant in the amount of 25% of the 5% down payment,
E.
The Owner and the City wish to enter into this Agreement respecting the occupancy, tenure, availability and sale price of the affordable housing units to be constructed on the Land,
F.
Council of the City has adopted a bylaw authorizing the City to enter into this Agreement as a housing agreement under section 483 of the Local Government Act.
THIS AGREEMENT is evidence that in consideration of $1.00 paid by the City to the Owner, and other good and valuable consideration, the receipt of which the Owner hereby acknowledges, the City and the Owner agree, as a covenant granted by the Owner to the City under section 219 of the Land Title Act and as a housing agreement under section 483 of the Local Government Act, as follows:
1. Definitions - In this Agreement:
(a) "Arm's Length" has the same meaning under the Income Tax Act (Canada).
(b) "Construction Requirements" means the Housing Unit construction requirements specified in Schedule A.
(c) "Family" means one or more persons related by blood, marriage, common law, adoption, or foster parenthood.
(d) "Gross Floor Area" has the same meaning as defined by the City's Zoning Bylaw No. 300, as amended from time to time.
(e) "Household Income" means the aggregate annual income (gross) from all sources of the applicable individual and their spouse or partner, by marriage, common law or otherwise, if any, based on the tax returns filed by such individuals with Canada Revenue Agency for the most recent taxation year.
(f) "Housing Units" means the residential dwelling units identified and designated pursuant to this Agreement as "Attainable Units", once constructed on the Land and, following deposit of a strata plan under the Strata Property Act that creates each such "Attainable Unit" as a separate strata lot, "Housing Units" shall refer to those strata lots.
(g) "LTO" means the Victoria Land Title Office.
(h) "Maximum Price First Sale" means the following amount, as applicable to each Unit Type:
- One-Bedroom Unit: $399,000 (including GST);
- One-Bedroom (with Den) Unit: $425,000 (including GST);
- Two-Bedroom Unit: $450,000 (including GST);
- Two-Bedroom (with Den) Unit: $475,000 (including GST); and
- Three-Bedroom Unit: $499,000 (including GST).
(i) "One-Bedroom Units" means the Housing Units identified as one-bedroom units under and in accordance with section 2.
(j) "One-Bedroom (with den) Units" means the Housing Units identified as one-bedroom (with den) units under and in accordance with section 2.
(k) "Qualified Buyer" means an individual who:
(i) has a Household Income of no more than the applicable amount as follows, having regard to the Unit Type:
- (A) One-Bedroom Unit: $125,000;
- (B) One-Bedroom (with den) Unit: $130,000;
- (C) Two-Bedroom Unit: $140,000;
- (D) Two-Bedroom (with den) Unit: $145,000
- (E) Three-Bedroom Unit $150,000;
(ii) has been a resident, as determined in accordance with section 67 of the Local Government Act, of the City of Langford for at least 2 years immediately before the date that such person applies to the City to become a Qualified Buyer or are members of the Canadian Armed Forces posted in Victoria or are members of the RCMP posted in the Westshore; and
(iii) does not own, and whose spouse or partner, by marriage, common law or otherwise, if any, does not own, either directly or indirectly through a trust, business asset or otherwise:
- (A) any interest in real property anywhere in the world, from the time that such person applies to the City to be a Qualified Buyer until such individual completes the purchase of a Housing Unit; and
- (B) assets and other property of any kind (including investments and cash) having a total value greater than $50,000.
(l) "Two-Bedroom Units” means the Housing Units identified as two-bedroom units under and in accordance with section 2.
(m) “Two-Bedroom (with den)” Units means the Housing Units identified as two-bedroom (with den) units under and in accordance with section 2.
(n) "Three-Bedroom Units” means the Housing Units identified as three-bedroom units under and in accordance with section 2.
(o) "Unit Type” means the types of Housing Units specified in this Agreement, being One-Bedroom Units, One-Bedroom (with den) Units, Two-Bedroom Units, Two-Bedroom (with den) Unit, and Three-Bedroom Units.
2. Development Restriction and Strata Subdivision Requirement
Every building on the Land (or to be constructed on the Land) shall meet all of the following requirements and be subject to the following restrictions:
(a) The building shall be constructed in accordance with the Construction Requirements and, specifically, so as to include the construction of the Housing Units, and the applicable Unit Types designated on the building permit plans in accordance with this section, in accordance with the Construction Requirements.
(b) 1361 Goldstream (Building A) will provide 7 Two-Bedroom Housing Units and 1371 Goldstream (Building B) will provide 13 One-Bedroom (with den) Housing Units and 8 Two-Bedroom Housing Units.
(c) Construction of the building shall not commence until the Owner has identified the Housing Units within the building, including the designation of Unit Type for each Housing Unit, on the plans submitted to the City with the Owner’s application to the City for a building permit for the building.
(d) The building, once constructed on the Land, shall not be occupied or used for any purpose until the Land has been subdivided by deposit of a strata plan under the Strata Property Act that creates each Housing Unit as a separate strata lot with strata bylaws that do not prohibit occupants from having pets. Following registration of that strata plan, the City shall execute a release of this Agreement from title to all strata lots within the building other than the Housing Unit strata lots. The Owner shall be responsible for preparing and registering the release in the LTO. For clarity, this Agreement shall remain registered against title to the Land and any resulting common property and shall continue to apply to the Land and any other buildings from time to time located on the Land, under construction on the Land or to be constructed on the Land.
3. Application of Sections 4 to 9
Sections 4 to 9 apply separately to each Housing Unit.
4. General Occupancy, Tenure, Availability and Price Restrictions
Except as otherwise provided under this Agreement, the Housing Unit:
(a) may only be occupied as a permanent residence;
(b) may only be occupied by a Qualified Buyer, together with one or more members of their Family;
(c) may not be rented or leased, or occupied by way of a tenancy, rental, lease, license or other occupancy agreement of any kind, except with the prior written approval of the City, which may be provided in circumstances of hardship such as the death or divorce of the Qualified Buyer who owns the Housing unit;
(d) shall only be available for purchase by, and may only be sold to, a Qualified Buyer who has applied to the City for approval as a Qualified Buyer and has been approved, in writing, by the City as meeting the Qualified Buyer criteria under this Agreement and any applicable City policy from time to time;
(e) may only be sold under a contract of purchase and sale providing for a deposit of no more than $5,000, with no more than $1,000 of that deposit payable on contract signing and the balance on removal of all conditions precedent under the contract;
(f) may not be sold for a sale price, including GST, that exceeds the Maximum Price First Sale applicable to the Housing Unit; and
(g) the sale price shall include payment for the Housing Unit and all fixtures, furnishings, appliances and other things in the Housing Unit.
5. First Sale
(a) The Housing Unit may not be occupied or used for any purpose until:
(i) the Housing Unit is transferred to a Qualified Buyer (the Qualified Buyer who first purchases or otherwise acquires the Housing Unit is referred to herein as the "First Buyer");
(ii) fee simple title to the Housing Unit is registered in the name of the First Buyer in the LTO (the date of such land title office registration is referred to herein as the "First Sale Date,); and
(iii) documentation and other written evidence satisfactory to the City has been provided to the City confirming that the Housing Unit has been transferred to a City approved Qualified Buyer for a sale price (including GST) that does not exceed the Maximum Price First Sale, pursuant to a contract and purchase and sale providing for a deposit below the applicable limit specified under this Agreement, and the City has provided written confirmation that it is satisfied with such written evidence.
(b) Following the transfer of the Housing Unit to the First Buyer, the Housing Unit may only be used as a permanent residence and may only be occupied by the First Buyer, provided that the First Buyer may permit members of the First Buyer's Family to reside in the Housing Unit with the First Buyer.
6. Subsequent Sale
Following the sale or transfer to the First Buyer, the Housing Unit:
(a) may only be sold or transferred to a buyer who is at Arm's Length to First Buyer;
(b) may be sold to a buyer who is not a Qualified Buyer (for clarity, the restriction under section 4(d) shall not apply to a sale or transfer under this section); and
(c) shall not be sold or otherwise transferred for a sale price, including GST if applicable, that exceeds the applicable amount below:
(i) 105% of (the Maximum Price First Sale paid by the First Buyer), if registration in the LTO of the transfer to the buyer occurs within 3 years following the First Sale Date; or
(ii) 110% of (the Maximum Price First Sale paid by the First Buyer), if