Executions: This instrument creates, assigns, discharges or governs the priority of the interest(s) described in item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of the true copy of the filed standard charge terms, if any.
The Grantor operates facilities on the Lands (the “Facilitator”), principally for use as a recreation, training and meeting centre for the benefit of the blind, deaf blind, and visually impaired persons. The Grantor also rents out use of the Facilities on a short term basis to unaffiliated groups on an “as available” basis.
The Grantor may at some time in the future choose to redevelop the Facilities for use as a recreation, training and meeting centre and as an assembly and conference centre.
The Municipality has requested that the Grantor enter into this covenant under section 219 of the Land Title Act.
Now therefore this agreement witnesseth that pursuant to section 219 of the Land Title Act, and in consideration of the sum of $1.00 paid to the Grantor by the Municipality (the receipt and sufficiency of which is hereby acknowledged) the Grantor covenants and agree as follows”
The lands will not be used or occupied except in accordance with the terms and conditions herein contained.
The Grantor covenants and agrees with the Municipality as follows:
that the principal use of the facilities will be as a recreation, training and meeting centre, being the use of the Lands and/or Facilities to provide recreation, training and meeting facilities related to the care and rehabilitation of persons with disabilities including overnight guest and staff accommodation and shared eating facilities (the “Principle Use”)
that the accessory uses of the Facility will be for conferences, being the use of the Lands and/or Facilities as education or training including overnight guest accommodation and shared eating facilities (the “ Conference Use”) and assemblies, being the use of the Lands and/or Facilities for gathering for public, charitable, cultural, religious, memorial, philanthropic, recreational, educational, or entertainment purposes (the “Assembly Use”)
that the maximum number of guestrooms in the Facilities will be limited to thirty-five (35)
that the number of guests permitted to use the guestrooms for the Principle Use will be limited to a maximum of seventy-five (75);
that the number of guests permitted to use the guestrooms for the Conference Use will be limited to a maximum of fifty (50);
that the number of attendees to the Facilities for Assembly Use events will be limited to a maximum of one hundred and fifty (150) person; and
that the Facilities may be operated for Accessory Use events up to a maximum of one hundred and fifty (150) days per calendar year.
The Grantor covenants and agrees:
that the Facilities will be used for a maximum of one (1) Assembly Use event per month, non-cumulative, with exception of the month of December when the Facilities may be used for two (2) Assembly Use events;
that there will be no live amplified music in the Facilities or on the Lands;
that the Facilities will not be used for an Assembly Use event within six (6) days of any other Assembly Use event; and
that the maximum duration of an Assembly Use event is (8) hours.
4.The Grantor covenants and agrees that the following time restrictions will apply to Assembly Use events held inside the Facilities:
events held on a Monday, Tuesday, Wednesday, or Thursday will be held only between the hours of 9 a.m. and 9 p.m.;
events on a Friday will be held only between the hours of 9 a.m. and 10 p.m.;
events on a Saturday will be held only between the hours of 10 a.m. and 10 p.m.; and
events on a Sunday will be held only between the hours of 10 a.m. and 9 p.m.
5. The Grantor covenants and agrees that the following time restrictions will apply to outdoor Assembly Use events held on the Lands:
(a) events on a Monday, Tuesday, Wednesday, or Thursday will be held only between the hours of 9 a.m. and 8:30 p.m.;
(b) events on a Friday will be held only between the hours of 9 a.m. and 9:30 p.m.;
(c) events on a Saturday will be held only between the hours of 10 a.m. and 9:30 p.m.; and
(d) events on a Sunday will be held only between the hours of 10 a.m. and 8:30 p.m.
6. The Grantor covenants and agrees with the Municipality that uses of any hot tub located on the Lands will be prohibited after 10 p.m.
7. The Grantor will take all responsible steps to ensure that the number of vehicles brought to the Lands with respect to an Accessory Use is limited such that the vehicles may be accommodated by available parking on the Lands.
When the Grantor expects more than twenty-five (25) vehicles to be brought to the Lands with respect to an Accessory Use, the Grantor will ensure adequate off-site parking is arranged.
The Grantor covenants and agrees with the Municipality that;
the Grantor will advise all users of the Lands and/or Facilities that there is a need to minimize noise in keeping with the predominately residential nature of the Snug Point area; and
if Accessory Use users of the Lands create undue noise, the Grantor will bar the offending parties from using the Lands for one (1) year from the time of the offending event.
The Grantor will have a designated responsible person on the Lands at all times during Assembly Use events.
The Grantor will provide the identity of supervisory personnel, to the Municipality and to a representative (the” SPPOA Representative”) of the Snug Point Property Owners Association (“SPPOA”) as SPPOA may advise from time to time, or such other group as may succeed the SPPOA in interest from time to time. The Grantor will inform the SPPOA Representative and the Municipality of any changes in the supervisory personnel that may occur from time to time.
In the case of an Assembly Use event being booked more than fourteen (14) days prior to the date of the event, and subject to paragraph 13, the Grantor will advise the SPPOA Representative of the upcoming Assembly Use event no later than fourteen (14) calendar days prior to the event being held.
In the case of an Assembly Use event being booked less than fourteen (14) days prior to the date of the event, the Grantor will notify the SPPOA Representative immediately after the booking is made and confirmed.
The Grantor will establish a supervisory committee (the “Supervisory Committee”) to oversee the operation of the Facilities and/or Lands for Accessory Uses and to act as a forum for Sung Point residents who have concerns related to the operation of the Facilities and/or Lands for Accessory Uses.
The Supervisory Committee will meet at least once every three (3) months.
The Grantor will notify the SPPOA Representative of the time, place and proposed business of any Supervisory Committee meeting at least fourteen (14) days prior to the scheduled date of the meeting.
Snug Point residents will have the right to attend at and make representations to the Supervisory Committee meetings.
The Grantor will advise the Office of the Planner for Bowen Island Municipal Council (the “Council”) of any redevelopment plans which affect the form and character of the Facilities and/or Lands no later than sixty (60) days (the “Consultation Period”) prior to the earlier of making an application for a Building Permit or a Development permit, which the Grantor is required to obtain in respect of the specific redevelopment requiring the need to advise, pursuant to this paragraph.
The Grantor covenants and agree to consult with Snug Cove residents and the Council or its successor, with respect to any planned redevelopment of the Facilities and/or Lands as described in paragraph 18 during the Consultation Period, by way of one or more information meetings (the “Information Meetings”) to be held to disseminate information regarding the planned redevelopment, and seek comments. The Grantor will notify the SPPOA Representative and the Council of the time and place of the Information Meetings at least fourteen (14) days prior to the date of the meeting.
The terms and conditions of this Restrictive Covenant are enforceable as against the Grantor as if the Restrictive Covenant was a bylaw of the Bowen Island Municipality.
The Restrictive Covenant may be amended as to its substance by mutual agreement between the Grantor and the Municipality.
If the Grantor wished to amend the Restrictive Covenant, then the Grantor will follow the process otherwise applicable to the amendment bylaws in Bowen Island Municipality.
If a variance is sought with respect to the time limitations applicable to Assembly Uses then the party seeking the variance will follow the process otherwise applicable for seeking an exemption to the municipal noise bylaw in Bowen Island Municipality.
This agreement runs with the Lands and will be registered as a charge against the title to the Lands under section 219 of the Land Title Act.
The grantor will notify any prospective purchasers of the Lands of this Agreement before any sale or transfer of any interest in all or any part of the Lands.
No term, condition or covenant or other provision of this Agreement will be considered to have been waived by the Municipality unless the waiver is expressed in writing by the Municipality.
Any waiver by the Municipality of any term, condition or other provision of this Agreement or any waiver by the Municipality of any breach, violation or non-performance of any term, condition, covenant or other provisions of this Agreement does not constitute, and will not be construed as, a waiver of any further or other terms, conditions, covenant or other provision of this Agreement or any other breach, violation or non-performance of any term, condition, covenant or other provision of this Agreement.
Notwithstanding anything in this Agreement, the Grantor will not be liable under any of the covenants and agreement contained herein where such liability arises after the Grantor ceases to have any further interest in the Lands.
The Grantor will do or cause to be done all things and execute or cause to be executed all documents and give such further and other assurances which may be reasonably necessary to give proper effect to the intent of this Agreement.
IT IS MUYUALLY UNDERSTOOD, agreed and declared by and between the parties hereto that nothing contained or implied herein shall prejudice or affect the rights and powers of the Municipality in the exercise of its functions under any public or private statutes, bylaws, orders or regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Grantor.
Where there is reference to an enactment in this Agreement, the reference will include any subsequent enactment of the Province of British Columbia to like effect and all enactments referred to are enactments of the Province of British Columbia.
If any part of this Agreement is found to be illegal or unenforceable, that part will be considered separate and severable and the remaining parts will not be affected thereby and will be enforceable to the fullest extent permitted by law.
In this Agreement, unless the context otherwise requires, the singular includes the plural and vice versa and words imparting the masculine gender include female and neuter gender.
This Agreement will be interpreted according to the laws of the Province of British Columbia.
The terms, conditions, covenants and other provisions of this Agreement will extend to, be binding upon and ensure to the benefit of the parties to this Agreement and their respective successors and assigns.
The headings are for convenience of reference only and shall not affect the construction or Interpretation of this Agreement.
IN WITNESS WHEREOF the parties hereto hereby acknowledge that this Agreement has been duly executed and delivered by the parties executing Forms C and D (pages 1 and 2) attached hereto.
THE CANADIAN NATIONAL INSTITUE FOR THE BLIND by its authorized signatories:
Craig Lillico Signature
Signature Birute Ona Lyons
End of Document