Covenant Management and Defence Fund Guidelines
· Islands Trust Area · Policies · 2009
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Topics: Bylaw enforcement — our classification, not the Trust's.
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Page 1 of 3 ISLANDS TRUST CONSERVANCY POLICY MANUAL POLICY MANUAL Code: TFB 09003 Policy Procedure Guideline Title: Covenant Management and Defence Fund Guidelines Approved By: Islands Trust Conservancy Board Date: Aug. 13 2009 Resolution #: TFB 09/1094 Purpose The Covenant Management and Defence Fund’s purpose is to provide funding for the long-term management, enforcement and defence of conservation covenants held by the Islands Trust Conservancy. Background The Islands Trust Conservancy has an on-going obligation to its donors, as well as to the landowners and residents of the Islands Trust Area and British Columbia generally, to steward and defend its conservation covenants. As with other land conservancies, the Islands Trust Conservancy needs secure and lasting sources of dedicated funds sufficient to cover the costs of stewarding covenanted land and enforcing and defending its conservation covenants. The Board established the Covenant Management and Defence Fund in 2009 in response to receiving a cash donation from a covenant donor for the long-term management and defence of the covenant. These Guidelines set out how the Board will manage and use funds that are donated to support specified conservation covenants. Use of Moneys held in the Covenant Management and Defence Fund Generally, cash donations given to the Islands Trust Conservancy to provide funding for the management of conservation covenants will be deposited into the Covenant Management and Defence Fund. The Board will use the money held in this Fund only to cover costs associated with the following purposes: Page 2 of 3 ISLANDS TRUST CONSERVANCY POLICY MANUAL Maintenance, enhancement, restoration and improvement of the natural features, habitats, ecosystems and amenities protected by a conservation covenant, as identified in the covenant or the baseline documentation report referenced in the covenant. Monitoring compliance with a conservation covenant held by the Board. Enforcing a conservation covenant held by the Board in the event of a breach or alleged breach of the covenant. Defending a conservation covenant held by the Board in the event of a challenge to the terms of the covenant The Board may also use moneys held in this Fund to assist a co-holder of a covenant to pay the costs of enforcing or defending the jointly-held covenant; or assist an owner on whose lands the Board holds a covenant to pay the costs of seeking damages from a third party trespasser who has caused damage to the covenant area. Contributing moneys to a co-covenant holder for enforcement and defence purposes, or to an owner for litigation costs, will be in the Board’s sole discretion and on such terms and conditions it considers appropriate in each case. Prior to contributing money held in the Fund for these purposes, the Board will require a written agreement with the co-
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