Gabriola Island LTC Secondary Suite Covenant Template

Extracted text (beginning)

R:\LTC\GB\LTC Projects\Housing Options Review Project Phase 1 Completed 2015 -2018\Legal - Shortcut\Cov-Cr-Template Secondary Suite.DocxJun 13, 2017 1:33 PM/SZ 
TERMS OF INSTRUMENT – PART 2 
SECTION 219 COVENANT 
 
This COVENANT dated for reference [insert month, day, year], is 
 
BETWEEN: 
 
[Insert as applicable name(s) of Landowner(s), company(s), the name of the Act the 
company is incorporated under, full address] 
 
(the “Owner”) 
 
AND: 
 
GABRIOLA  ISLAND  LOCAL  TRUST  COMMITTEE,  a local  trust  committee incorporated 
under the Islands Trust Act (British Columbia), having an office at 200 – 1627 Fort Street, 
Victoria, British Columbia, V8R 1H8 
 
(“Local Trust Committee”) 
 
WHEREAS: 
 
A.   The Owner is the owner in fee simple of that parcel of land on Gabriola Island, in the 
Province of British Columbia, more particularly known and described as: 
 
 PID:  [insert PID number] 
[insert legal description] 
 
(the “Lands”); 
 
B. Gabriola Island Land Use Bylaw, 1999, as amended, permits the construction and use of 
a secondary suite only if the owner has registered a covenant under Section 219 of the 
Land Title Act prohibiting subdivision of secondary suite by stratification; 
 
C. Section 219 of the Land Title Act permits the registration of a covenant of a negative or 
positive nature in favour of a municipality, in respect of the use of land, the building on 
land, the subdivision of land and the preservation of land or a specific amenity on the 
land; 
 
THIS  AGREEMENT  is  evidence  that in  consideration  of  payment  of  $1.00  by the  Local  Trust 
Committee to  the  Owner (the  receipt  and  sufficiency  of  which are  acknowledged  by  the 
Owner), and  in  consideration  of  the  promises  exchanged  below,  the  Owner  covenants  and 
agrees with the Local Trust Committee in accordance with Section 219 of the Land Title Act as 
follows: 

 
R:\LTC\GB\LTC Projects\Housing Options Review Project Phase 1 Completed 2015 -2018\Legal - Shortcut\Cov-Cr-Template Secondary Suite.DocxJun 13, 2017 1:33 PM/SZ 
 
GRANT OF SECTION 219 COVENANT 
 
1. The Owner covenants with the Local Trust Committee that: 
(a) the Lands shall not be subdivided by subdivision plan under the Land Title Act, by 
a strata plan or bare land strata plan under the Strata Property Act, or in any 
other manner, that creates a separate parcel for the secondary suite located on 
the Lands; and  
(b) if the Lands are not designated as being within the Agricultural Land Reserve, 
there shall be no more than two dwellings permitted on the Lands, including the 
principal dwelling. 
 
INDEMNITY 
 
2. The Owner releases, and must indemnify and save harmless the Local Trust Committee, 
its elected and appointed officials and employees, from and against any and all liability, actions, 
causes of action, claims, costs, damages, expenses (including actual legal fees), costs, debts, 
demands  or  losses  suffered  or  incurred  by  the  Owner,  or  anyone  else,  arising  f

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