Denman Island Housing Agreement Bylaw No. 205 (2345 Chickadee Rd)

Extracted text (beginning)

1 
 
 
DENMAN ISLAND LOCAL TRUST COMMITTEE 
 
 BYLAW NO. 205 
 
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A Bylaw to Authorize a Housing Agreement 
**************************************************************************************************** 
 
WHEREAS  the  Denman  Island  Local  Trust  Committee  is  the  Local  Trust  Committee  having  
jurisdiction  on  and  in  respect  of  the  Denman  Island  Local  Trust  Area,  pursuant  to  the  Islands 
Trust Act; 
  
AND WHEREAS Section 905 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. This Bylaw may be cited for all purposes as “Denman Island Housing Agreement 
Bylaw No. 205, 2012”. 
 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  2
nd
 day of    April  , 2013 
 
READ A SECOND TIME this  16
th
 day of   July  , 2013 
 
READ A THIRD TIME this   16
th
 day of   July  , 2013 
 
APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this 
 20
th
 day of    August  , 2013 
 
ADOPTED this 24
th
  day of    September , 2013 
 
 
 
 
 
 
 
 
SECRETARY 
 
 
CHAIRPERSON 

2 
 
LAND TITLE ACT 
 
TERMS OF INSTRUMENT – PART 2 
 
 
Housing Agreement and Section 219 Covenant 
 
THIS AGREEMENT DATED FOR REFERENCE THE........... DAY OF ...................................., 2013 is 
 
BETWEEN: 
 
DENMAN  COMMUNITY  LAND  TRUST  ASSOCIATION,  a  society  incorporated  under  the  
laws  of  the  province  of  British  Columbia and  having  its  office  at  3900  Lacon  Road,  
Denman Island, B.C., V0R 1T0 
  
(the “Society”)   
 
AND: 
 
DENMAN ISLAND LOCAL TRUST COMMITTEE, a corporation under the Islands Trust Act, 
having an office at 2
nd
 Floor, 1627 Fort Street, Victoria, B.C., V8R 1H8 
 
(the “Trust Committee”) 
 
WHEREAS: 
 
A. The Society is the registered owner of the Lands; 
 
B. The Society  has  applied  to  the  Trust  Committee  for  a rezoning  of  the  Lands  to  permit  the  
construction and  use  of one  residential  dwelling  unit  for  affordable  housing  on  the  Lands  as  more 
particularly described in this Agreement; 
 
C. The  Society  intends  to  lease  the  Lands,  by  way  of  a  leasehold  agreement,  at  an  affordable  rate  to  
Qualified Occupants; 
 
D. The  Trust  Committee  may,  pursuant  to  Section  29  of  the  Islands  Trust  Act  and  Section  905  of  the  
Local  Government  Act,  enter  into  an  agreement  with  an  owner  of  land  that  includes  terms  and  
conditions  regarding  the  occupancy,  

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