BYLAW NO. 2225 - City of Langford Housing Agreement (1361 and 1371 Goldstream Avenue), Bylaw No. 2225, 2025

CITY OF LANGFORD

BYLAW NO. 2225

A BYLAW TO AUTHORIZE A HOUSING AGREEMENT

WHEREAS the City has entered into a housing agreement under s. 483 of the Local Government Act, registered against title as CB921024 pursuant to s. 219 of the Land Title Act to the property legally described as PID No. 004-052-544, Lot 2, Section 1, Goldstream District, Plan 12263, Except Part in Plan EPP60296 (the “Lands”);
WHEREAS the Lands have been subdivided pursuant to strata plan EPS9415;
WHEREAS the City and the owner of the Lands have agreed to replace the prior housing agreement with a new housing agreement over certain of the strata lots (the “Properties”); and

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as a bylaw under s. 483 of the Local Government Act as follows:

1. Council hereby authorizes the City to discharge the housing agreement registered as CB921024 against the Lands.
2. Council hereby authorizes the City to enter into a new housing agreement, attached as Appendix “A”, with the owner of the Properties to be registered as a covenant against the Properties.
3. The Corporate Officer of the City are authorized to execute the Form C - Release and Form C – Housing Agreement, and the Corporate Officer is authorized to sign and file in the Land Title Office a notice of the housing agreement, as required by the Local Government Act.
4. The appendix attached to this Bylaw is incorporated into and forms a part of this Bylaw.
5. City of Langford Housing Agreement (1361 and 1371 Goldstream Avenue) Bylaw No. 2145, 2023 is hereby repealed.
6. This Bylaw may be cited as “City of Langford Housing Agreement (1361 and 1371 Goldstream Avenue), Bylaw No. 2225, 2025”.

READ A FIRST TIME this 22nd day of April, 2025.
READ A SECOND TIME this 22nd day of April, 2025.
READ A THIRD TIME this 22nd day of April, 2025.
ADOPTED this day of May, 2025.

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PRESIDING COUNCIL MEMBER

CORPORATE OFFICER

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Appendix “A” – Housing Agreement

TERMS OF INSTRUMENT - PART 2

CITY OF LANGFORD - ATTAINABLE HOUSING DOWN PAYMENT ASSISTANCE PROGRAM
HOUSING AGREEMENT AND SECTION 219 COVENANT

THIS AGREEMENT dated for reference April ___, 2025 is

BETWEEN:

1326349 B.C. LTD., Unit 116, 967 Langford Parkway, Victoria, B.C. V9B 0A5

(the "Owner")

AND:

CITY OF LANGFORD, 2nd floor, 877 Goldstream Avenue, Victoria, B.C. V9B 2X8

(the "City")

WHEREAS:

A. The Owner is the registered owner of the land legally described in the Land Title Act Form C attached to and forming part of this Agreement (the "Land"),

B. The Owner intends to construct on the Land one or more buildings, including residential dwelling units to be provided as "Attainable Housing Units" under this Agreement,

C. Pursuant to section 483 of the Local Government Act, the City may, by bylaw, enter into an affordable housing agreement with an owner of land that includes terms and conditions regarding the occupancy of housing units identified in the agreement, including terms and conditions respecting form of tenure, availability of housing units to classes of persons, the administration and management of the housing units and sale prices of housing units, including the manner in which the housing units will be made available to persons within such a class,

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