Denman Island Housing Agreement Bylaw No. 243 (1151 Northwest Rd. - Denman Housing Association)

Extracted text (beginning)

[[page 1]]
DENMAN ISLAND LOCAL TRUST COMMITTEE
BYLAW NO. 243

A BYLAW TO AUTHORIZE A HOUSING AGREEMENT

The Denman Island Local Trust Committee, being the Local Trust Committee having jurisdiction in respect

of the Denman Island Local Trust Area under the Islands Trust Act;

AND WHEREAS Section 483 of the Local Government Act and Section 29 of the Islands Trust Act permit
the Local Trust Committee to enter into a housing agreement;

AND WHEREAS the Denman Island Local Trust Committee wishes to enter into a Housing Agreement;
NOW THEREFORE the Denman Island Local Trust Committee enacts in open meeting assembled as follows:
1. Citation

This bylaw may be cited for all purposes as “Denman Island Housing Agreement Bylaw No. 243,
2021”,

2. Any two Trustees of the Denman Island Local Trust Committee are authorized to execute an
agreement in the form attached to this Bylaw with Denman Community Land Trust Association.

READ A FIRST TIME THIS 2X? DAY OF NOVEMBER , 2021
READ A SECOND TIME THIS 15™ DAY OF FEBRUARY , 2022
READ A THIRD TIME THIS 315° DAY OF MAY , 2022

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS
27" DAY OF JULY , 2022

ADOPTED THIS 7th DAY OF FEBRUARY , 2023

Xn CLa ta

Chair Secretary

[[page 2]]
LAND TITLE ACT

TERMS OF INSTRUMENT — PART 2

Housing Agreement and Section 219 Covenant

THIS AGREEMENT DATED FOR REFERENCE THE DAY OF ,20___ is BETWEEN:

Denman Housing Association a society incorporated under the laws of the province of British
Columbia and having its office at 3720 East Road, Denman Island,
B.C. VOR 1T0

(the “Owner");

AND:
DENMAN ISLAND LOCAL TRUST COMMITTEE, a corporation under the Islands Trust Act, having
an office at 2 Floor, 1627 Fort Street, Victoria, B.C., V8R 1H8
(the “Trust Committee”)

WHEREAS:

A. The Owner is the registered owner of the lands situated at 1151 Northwest Road on Denman Island
British Columbia and legally described as:

PID 000-393-941, Lot B, Sections 18 and 19, Denman Island, Nanaimo District, Plan 36263,
commonly known as Denman Green (the “Lands”);

B. The Lands have been rezoned by the Denman Island Local Trust Committee by means of Denman
island Official Community Plan, 2008, Amendment No. 241 and Denman Island Land Use Bylaw 2008
Amendment No. 242 and has been put in place to permit the development of an affordable housing
project;

C. The Owner intends to construct on the Lands a residential development of affordable rental units
(hereinafter defined) to rent, by way of a Tenancy Agreement, at an affordable rate to Qualified
Occupants (hereinafter defined);

D. The Trust Committee may, pursuant to Section 29 of the Islands Trust Act and Section 483 of the Local
Government Act, enter into an agreement with an owner of land that includes terms and conditions
regarding the occupancy, tenure and availability to specified classes of persons of Dwelling Units
located on those lands;

E. Section 219 of the Land Title Act permits the registration of a covenant of a negative or pos

First 3,000 characters. Open the original for the whole document.