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THE CORPORATION OF THE DEC 16 1991
CITY OF PORT COQUITLAM
: MEMORANDUM

BR. Kirk December 13, 1991
Administrator

C.F. Gaydry, P. Eng..
Deputy City Engineer

Multi-family Recycling Program Waiver
(Enviconmental Protection Committee Meeting, December 11, 1991)

a

That Council approve the use of the Waiver for the Multi-family Recycling Program.

Council asked for additional information regarding the Waiver proposed to be used for the
Multi-family Recycling Program. I can report that Jim Maitland was in contact with Mr. Ken
Olive of the Municipal Insurance Association of British Columbia, and received written support
from thern for the proposed Waiver. A copy of the letter ig attached.

Grant Anderson of Lidstone, Young, Baker, & Anderson reported that under Sections 116 and
Section 118 of the Condominium Act, the Strata Council is given the power to administer
common property and execute any agreements ‘in consideration of this common property. In the
case of our proposed Waiver, it is legal for Strata Council to Sign the Waiver on behalf of its
tenants, as it deals with common property (i.e. the roads}. Mr. Anderson cautioned however,
that the Waiver does not apply to items such as limited common property which would include
things like fenced barbeque pits, playground areas, postions of the development, etc.

Mr. Anderson also asked that I indicate that the Waiver Agreement is not asking the Strata
Council to indernnify the City against damages, but rather the Waiver agrees that the Strata
Council will not claim against the City for damages (© common property. In short, Mr.
Anderson stated the Strata Council has the legal rights and ability to sign the proposed Waiver

on behalf of its tenants.

rotection Committee that the Waiver

Therefore, it was the conclusion of the Environmental P t )
recommends its adoption by Council.

should be used in the Multi-family Recycling Program and

CF. (Kip) Gaudry, P. Eng.
Deputy City Engineer