CivicInfo BC | Home



HERITAGE REVITALIZATION AGREEMENT

THIS AGREEMENT made the day of , 199

BETWEEN:

David Roger Tallentire

Theresa Tallentire

825 Foul Bay Road

Victoria, BC V8S 4H6

(hereinafter called the “Owners”)

OF THE FIRST PART

AND:

The Corporation of the District of Oak Bay

2167 Oak Bay Avenue

Victoria, BC V8R 1G2

(hereinafter called the “District”)

OF THE SECOND PART

AND:

The Corporation of the City of Victoria

No. 1 Centennial Square

Victoria, BC V8W 1E6

(hereinafter called the “City”)

OF THE THIRD PART

WHEREAS a local government may, by bylaw, enter into a heritage revitalization agreement with the owner of heritage property pursuant to Section 1021 of the Municipal Act;

AND WHEREAS the Owners own certain real property lying within the boundaries of the District of Oak Bay and the City of Victoria on which is situate a building of heritage value known as:

Parcel Identifier: 001-597-361

Lot 3, Sections 47 and 68, Victoria District,

Plan 15739 except that part in Plan 34014

(825 Foul Bay Road)

(hereinafter called the “Heritage Property”)

AND WHEREAS the Owners have presented to the District and the City a proposal for the use, development and preservation of the Heritage Property and have voluntarily and without any requirement by the District or the City, entered into this agreement pursuant to Section 1021 of the Municipal Act.

AND WHEREAS a local government must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the Heritage Property and for these purposes Sections 956 to 959 of the Municipal Act apply;

AND WHEREAS within thirty days after entering into or amending a heritage revitalization agreement the local government must file a notice in the Land Title Office in accordance with Section 1031 of the Municipal Act and give notice to the Minister responsible for the Heritage Conservation Act in accordance with Section 1032 of the Municipal Act;

NOW THEREFORE in consideration of the mutual promises contained in this agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Interpretation

In this agreement:

British Columbia Fire Code" means regulations enacted pursuant to the Fire Services Act, R.S.B.C. 1979, c.133;

"Building Code" means The British Columbia Building Code, 1992, as adopted by Order of the Minister of Municipal Affairs dated September, 1992, as amended from time to time.

"Carr Cottage" means the accessory building constructed circa 1919 and relocated to the Heritage Property in 1995 as more particularly shown and identified as such on Schedule "A" attached hereto;

"Director of Building and Planning", means the Director of Building and Planning for the Corporation of the District of Oak Bay, as appointed by Oak Bay Municipal Council, or his designate.

"Oak Bay Community Heritage Commission" means the Oak Bay Community Heritage Commission as established by Bylaw 3831, "Oak Bay Community Heritage Commission Bylaw, 1994", as adopted by Oak Bay Municipal Council and amended from time to time.

"Parking Facilities Bylaw" means Bylaw No. 3540, being the "Parking Facilities Bylaw, 1986" as adopted by Oak Bay Municipal Council and amended from time to time.

"principal building" means the residential building constructed in 1910 situate on the Heritage Property as more particularly shown and identified as such on Schedule "A" attached hereto;

"Zoning Bylaw" means Bylaw 3531, Zoning Bylaw, 1986" as adopted by the Municipal Council of the Corporation of the District of Oak Bay, as amended from time to time.

"Zoning Regulation Bylaw" means Zoning Regulation Bylaw 80-159 as adopted by the City Council of the Corporation of the City of Victoria, as amended from time to time.

2. Heritage Revitalization

2.1 The parties agree that the Heritage Property has heritage value, deserving of protection and conservation and the Owners specifically agree to maintain, preserve and protect the heritage character of the buildings located on the Heritage Property.

3. Permitted Uses and Densities

3.1 The parties agree that the principal building on the Heritage Property may, notwithstanding the provisions of the District’s Zoning Bylaw and the City’s Zoning Regulation Bylaw for the Heritage Property and subject to the terms and conditions of this agreement, be used for a five (5) unit multiple dwelling use purpose, provided:

(a) that at least one of the dwelling units within the building is occupied as the principal residence of the Owners while this agreement is in effect; and

(b) that all dwelling units within the building have 825 Foul Bay Road as their designated civic address.

3.2 The parties agree that the Carr Cottage on the Heritage Property may, notwithstanding the provisions of the District’s Zoning Bylaw and the City’s Zoning Regulation Bylaw for the Heritage Property and subject to the terms and conditions of this agreement, be used for a private artist’s studio subject to the following restrictions:

(a) The Carr Cottage will not be used for the purpose of conducting any trade, commerce or business;

(b) The Carr Cottage will not be used to receive visitations from members of the general public except for tours endorsed by the Oak Bay Community Heritage Commission and approved by Oak Bay Municipal Council;

(c) No sign will be erected on the Heritage Property that relates to the artist’s studio activities taking place in the Carr Cottage.

3.3 The parties agree that, except as varied or supplemented by the provisions of this agreement, all bylaws and regulations of the District or the City and all laws of any authority having jurisdiction shall apply to the Heritage Property.

4. Proposed Development

4.1 The Owners agree to restore the principal building on the Heritage Property in accordance with the design proposal attached hereto as Schedule "B", and forming part of this agreement, which restoration shall include, but not be restricted to, the following:

(a) Upgrading to substantially meet the requirements of the Building Code and the British Columbia Fire Code, as more particularly specified in the design proposal ;

(b) installation of fire separations between suites;

(c) installation of fire separations between suites and exit corridors;

(d) installation of a second means of egress;

(e) installation of wired glass and steel frame windows at rear exit stairs;

(f) installation of wired glass and steel framed windows where required adjacent to the Carr Cottage;

(g) installation of smoke and heat detectors;

(h) installation of fire alarm system.

4.2 The Owners agree to restore the Carr Cottage on the Heritage Property in accordance with the design proposal attached hereto as Schedule "B", and forming part of this agreement, which restoration shall include, but not be restricted to, the following:

(a) Upgrading to substantially meet the requirements of the Building Code and the British Columbia Fire Code Regulations, as more particularly specified in the design proposal ;

(b) installation of multi-paned windows;

(c) installation of artificial chimney and stove;

(d) installation of a cedar shake roof;

(e) installation of board and batten exterior finish;

(f) installation of deck and stairs;

(g) installation of perimeter foundation;

(h) installation of smoke and heat detectors, fire alarm and sprinkler heads serviced by domestic water supply;

(i) installation of gypsum board wall covering.

(hereinafter called the “ Restoration Works”)

5. Variances

5.1 Notwithstanding the provisions of the District’s Zoning Bylaw and Parking Facilities Bylaw and the City’s Zoning Regulation Bylaw for the Heritage Property, the Owners must provide not less than twelve (12) uncovered vehicle parking spaces reserved for the use of residents of the principal building.

6. Commencement and Completion

6.1 The Owners agree to commence the restoration works works forthwith upon adoption of the required bylaws by the District and the City and to complete the works no later than six months from the date that this agreement has been fully executed by all parties.

7. Heritage Property Maintenance Standards

7.1 The Owners agree to meet, at their expense, the following maintenance standards for the Heritage Property upon completion of the restoration works:

(a) The land shall be kept free from debris, including any vehicle, trailer, or object, which is in a wrecked, discarded, unlicensed, or abandoned condition;

(b) All fences, barriers and retaining walls shall be kept in a reasonable state of repair;

(c) The exterior of the principal building and the Carr Cottage shall:

(i) be maintained to prevent their deterioration due to weather, rot, or insects;

(ii) be kept free from loose, rotted, and broken materials and objects and shall be neatly finished;

(iii) be kept free from peeling paint.

(d) All cornices, belt courses, corbels, terracotta trim, wall facings, and similar architectural features shall be maintained in good repair and in a safe condition;

(e) The roofs, including their facia boards, soffits, cornices and flashings, of the principal building and the Carr Cottage shall be maintained in a water-tight condition;

7.2 The Owners agree as far as reasonably possible, to maintain the existing landscaping, trees and shrubbery on the Heritage Property.

8. Damage or Destruction

8.1 In the event that either the principal building or the Carr Cottage are damaged or destroyed to the extent of less than or equal to 75% of their value above their foundations, as determined by the Director of Building and Planning for the District, the parties agree as follows:

(a) the Owners may repair the principal building or Carr Cottage subject to the issuance of a heritage alteration permit issued by the District pursuant to Section 1027 of the Municipal Act, in which event the Owners shall forthwith commence the repairs and complete same within one year of the date of damage ; or

(b) the Owners may choose not to repair the principal building or Carr Cottage in which event either the District or the City may in their discretion by bylaw after conducting a public hearing in the manner provided in Sections 956 through 959 of the Municipal Act cancel this agreement whereupon all use and occupation of the Heritage Property shall thenceforth be in accordance with the zoning bylaws of the District and the City and in accordance with all other bylaws or regulations of any authority having jurisdiction.

8.2 In the event that either the principal building or the Carr Cottage are damaged or destroyed to the extent of more than 75% of their value above their foundations, as determined by the Director of Building and Planning for the District, the parties agree that either the District or the City may in their sole discretion by bylaw, after conducting a public hearing in the manner provided in Sections 956 through 959 of the Municipal Act cancel this agreement whereupon all use and occupation of the Heritage Property shall thenceforth be in accordance with the zoning bylaws of the District and the City and in accordance with all other bylaws or regulations of any authority having jurisdiction.

9. Breach

9.1 In the event that the Owners are in breach of any term of this agreement, the District or the City may give the Owners notice in writing of the breach and the Owners shall remedy the breach within 30 days of receipt of the notice. In the event that the Owners fails to remedy the breach within the time limited by the notice, the District or the City may by bylaw and after conducting a public hearing in the manner prescribed by Section 956 through 959 of the Municipal Act cancel this agreement whereupon this agreement shall be terminated and all use and occupation of the Heritage Property shall thenceforth be in accordance with the zoning bylaws of the District and the City and in accordance with all other bylaws and regulations of any authority having jurisdiction.

10. Amendments/ Alterations

10.1 The parties acknowledge and agree that this agreement may only be amended by bylaw by consent of the parties provided that a public hearing shall be held if an amendment would permit a change to use or density of use.

10.2 The parties acknowledge that any alterations, changes or modifications to the Heritage Property including the moving of any building subsequent to the completion of the restoration works shall be subject to the issuance of a heritage alteration permit issued by the District pursuant to Section 1027 of the Municipal Act.

11. Statutory Functions

11.1 Except as expressly varied or supplemented herein, this agreement shall not prejudice or affect the rights and powers of the District or the City in the exercise of their statutory functions and responsibilities including, but not limited to, the Municipal Act and their rights and powers under any enactments, bylaws, order or regulations, all of which, except as expressly varied or supplemented herein, are applicable to the Heritage Property.

12. Indemnification

12.1 The Owners shall indemnify and save harmless the District or the City from and against all claims, demands, losses, penalties, damages, actions, suits or proceedings by whomever made, brought or prosecuted, and in any manner based upon, arising out of or related to, occasioned by or attributed to a breach of any provision of this agreement to be performed by the Owners, their agents or contractors.

13. Notices

13.1 It is hereby mutually agreed that any notice required to be given pursuant to this agreement shall be in writing and shall either be delivered or mailed by registered mail as follows:

(a) To the Owners:

David Roger and Theresa Tallentire*

825 Foul Bay Road

Victoria, BC V8S 4H6

(* or registered owner(s) as shown on certificate of title)

(b) To the District:

The Corporation of the District of Oak Bay

2167 Oak Bay Avenue

Victoria, BC V8R 1G2

(c) To the City

The Corporation of the City of Victoria

No. 1 Centennial Square

Victoria, BC V8W 1E6

or to such other address to which a party hereto may from time to time advise in writing.

13.2 Unless otherwise specified herein, any notice required to be given under this agreement by any party will be deemed to have been given if mailed by prepaid registered mail or delivered at the address of the other party set forth , and any such notice will be deemed to have been received 72 hours after the time of mailing or if delivered, upon the date of delivery. If normal mail service is interrupted by strike, slow down, force majeure or other cause, then a notice sent by the impaired means of communication will not be deemed to be received until actually received, and the party sending the notice must utilize other such services which have not been so interrupted or must deliver such notice in order to ensure prompt receipt thereof.

14. Miscellaneous

14.1 The parties agree that nothing contained herein creates a relationship between the parties of partnership, joint venture or agency.

14.2 The Owners covenant and agree that for themselves, their heirs, administrators, executors, successors and assigns, that they will at all times perform and observe the requirements and restrictions hereinbefore set out and that they shall be binding on the Owners as personal covenants only during the period of the Owners’ respective ownership of any interest in the Heritage Property.

14.3 Time shall be the essence of this agreement.

14.4 The headings in this agreement are inserted for convenience and reference only and in no way define, limit or enlarge the scope or meaning of this agreement or any provision of it.

14.5 The parties hereto shall execute and deliver or cause to be executed and delivered all such further agreements, documents and instruments and to do and perform or cause to be done and performed all such acts and things as may be required in the opinion of the District or the City to give full effect to the intent of this agreement.

14.6 This agreement enures to the benefit of and is binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns.

14.7 It is mutually understood and agreed between the parties that the Owners, the District or the City has made no representations, covenants, warranties, promises or agreements expressed or implied, other than those expressly contained in this agreement.

14.8 Wherever the singular, masculine and neuter are used throughout this agreement, the same shall be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires.

14.9 No party to this Agreement may assign its interest in this agreement without the consent of all parties first had in writing.

IN WITNESS HEREOF the parties have executed this Agreement as of the day, month and year first above written.

THE CORPORATE SEAL OF THE CORPORATION OF THE DISTRICT OF OAK BAY was hereunto affixed in the presence of:

________________________________Mayor

_______________________________

Municipal Clerk

THE CORPORATE SEAL OF THE CITY OF VICTORIA was hereunto affixed in the presence of:

_______________________________

______________________________

SIGNED in the presence of:

______________________________

Witness

_______________________________

Address

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

}

C/S

C/S

____________________________

David Roger Tallentire

__________________________

Theresa Tallentire

Schedule "A"

[pic]

Schedule "B"

Documents

Reference Description

B-1 Site Plan

B-2 Basement Plan

B-3 Main Floor Plan

B-4 Upper Floor Plan

B-5 Attic Plan

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download