SECTION 219 COVENANT. 8.1 The Owner shall execute, deliver and register in the Land Title Office a Covenant under section 219 of the Land Title Act, in the form and with the content of Schedule A, concurrently with and conditional upon the adoption of the Zoning Amendment Bylaw, with the intention that this covenant shall be registered against title to the Lands in order to secure the obligations of the owner of the Lands to use and develop the Lands in accordance with the provisions of this agreement.
SECTION 219 COVENANT. 8.1 Agreement constitutes Section 219 Covenant - The Owner agrees, pursuant to section 219 of the Land Title Act, that:
(a) the terms and conditions of this Agreement constitute a covenant in respect of the use of the Lands and annexed to and running with the Lands; and
(b) the City may register this Agreement in the Land Title Office against title to the Lands or any Apartment Unit as a covenant pursuant to section 219 of the Land Title Act.
SECTION 219 COVENANT. The Grantor acknowledges, covenants and agrees, pursuant to Section 219 of the Land Title Act, with the Grantee:
(a) not to do or knowingly permit to be done on or within the Statutory Right of Way Area, including within the Building or any portion thereof located on the Statutory Right of Way Area, anything which interferes with or damages the Infrastructure or impairs the operation or otherwise adversely impacts the Infrastructure and the provision of Energy Services or creates any hazard. Such acts include, but are not limited to, the acts referred to in this Section 3;
(b) not to make, place, erect, operate, use or maintain upon the Statutory Right of Way Area any building, structure, foundation, pavement, excavation, well, culvert, swimming pool, open drain or ditch, pond, pile or material, obstruction, equipment or thing, or to plant any vegetation which:
(i) interferes with or endangers the Infrastructure or the installation, construction, operation, maintenance, repair, removal, or replacement of the Infrastructure;
(ii) materially obstructs access by the Grantee or the Grantee’s Representatives to the Infrastructure; or
(iii) creates any hazard by its operation, use, maintenance or existence on the Statutory Right of Way Area;
(c) not, and will not permit any other person to diminish nor increase the soil cover over the Infrastructure or any portion thereof installed on, under or across the Lands, including without limiting the foregoing, will not construct or permit the construction of any open drains or ditches above, alongside or across any of the Infrastructure installed on, under or across the Lands, without the prior written consent of the Grantee;
(d) not, and will not permit any other person to erect, place or install any pipe or other conduit within a distance of three (3) meters of the Infrastructure or any portion thereof, if such pipe or conduit or the material conveyed therein is reasonably likely to be vulnerable to damage or reduced operability or effectiveness from freezing, unless measures reasonably satisfactory to the Grantee are taken to adequately protect the pipe or conduit;
(e) not to carry out blasting on or next to the Statutory Right of Way Area without the prior written consent of the Grantee and if such consent is granted, only in accordance with the written requirements of the Grantee;
(f) not to itself supply or install or allow any other person to install works similar to the Infrastructure or any other system that w...
SECTION 219 COVENANT. Pursuant to Section 219 of the Land Title Act, the Owner covenants and agrees with the Regional District that, for so long as this Section 219 Covenant has not been released from title, the Owner shall not build on any portion of the Lakes District Development Land (or any parcel created therefrom) for any residential or commercial use, and the Regional District is not obliged to issue any building permit in respect thereof, until:
(a) the subject parcel has been serviced to the standards required in the Regional District’s Land Use and Subdivision Bylaw, as it applies to the Lands in light of any applicable phased development agreement, or any other applicable variances; or
(b) the Regional District holds security from the Owner under a servicing agreement to provide such services.
SECTION 219 COVENANT. Pursuant to Section 219 of the Land Title Act, the Owner covenants and agrees with the Regional District that it shall not build upon, or allow to be built upon, the Development Parcel any more than [insert maximum number of dwelling units allowed on the Development Parcel].
SECTION 219 COVENANT. The Owner covenants and agrees with the Regional District that every obligation and covenant of the Owner in this instrument constitutes both a contractual obligation and a statutory right of way granted under section 218 of the Land Title Act in respect of the Lands, and a covenant granted under section 219 of the Land Title Act in respect of the Lands, and this instrument burdens the Lands and runs with and binds the Owner’s successors in title to the Lands.
SECTION 219 COVENANT. 4.1.1 Pursuant to Section 219 of the Land Title Act, Xxxxxx’x and the Developer covenant and agree with the District as covenants and agreements running with and binding the Lands that:
(a) the Lands will not be used in a manner contrary to this covenant;
(b) Xxxxxx’x and the Developer, as applicable, will take on all responsibility and liability associated with the maintenance, repair and replacement of the Works and the Public Access Area and no such responsibility will rest with the District, District Personnel, the Director of Engineering or the Director of Planning;
(c) following issuance of the Approval, Xxxxxx’x or the Developer, as applicable, at their sole expense, will maintain, repair, regrade and replace (when necessary) the Works to the satisfaction of the Director of Engineering and the Director of Planning and in particular, without limiting the foregoing, Xxxxxx’x or the Developer as applicable will:
(i) keep the Public Access Area free of ice and snow as would a prudent owner of a similar public access area;
(ii) at all times keep the Works in good repair and condition appropriate for the use of the Public Access Area by the public, all to the satisfaction of the Director of Engineering and the Director of Planning;
(iii) keep the Public Access Area lit from dusk until xxxx and when foggy, or such other hours as approved by the Director of Engineering;
(iv) replace the Works which cannot be kept in good repair and appearance with items of equal kind, value and utility and obtain the prior written consent of the Director of Engineering and the Director of Planning to any major or structural repairs;
(v) keep the Public Access Area in a neat, tidy, safe unobstructed condition at all times, except during repair or maintenance thereof;
(vi) not construct, install or suffer the construction or installation of any buildings or structures on or in the Public Access Area, other than any buildings or structures approved in any applicable Development Permit or the Approved Plans and Specifications without the prior written consent of the Director of Engineering and the Director of Planning;
(vii) not construct or install or suffer the construction or installation of any fences, gates or other devices which impede, restrict or limit access, or are intended to impede, restrict or limit access, to the Public Access Area by members of the public;
(viii) empty any litter receptacles situated on the Public Access Area at a frequency necessary to maintain ...
SECTION 219 COVENANT. To the extent of the Leasehold Interest, the Owner hereby covenants and agrees with the City, as a covenant in favour of the City pursuant to Section 219 of the Land Title Act, it being the intention and agreement of the Owner that the provisions in this Agreement be annexed to, and run with and be a charge upon the Leasehold Interest, that:
SECTION 219 COVENANT. 5.1 The Owner covenants with the District under s. 219 of the Land Title Act not use the Statutory Right of Way Area during the Public Parking Times for any purpose other than the public parking of passenger motor vehicles, and without limiting the generality of the foregoing, not to use the Statutory Right of Way Area for the storage of any container for garbage or recycled material, the storage of goods or materials of any kind, or the parking of unlicensed or inoperative vehicles of any kind.
5.2 The Owner further covenants and agrees with the District to pre- wire all parkades on the Lands, including the Public Parking Spaces, to permit for the installation of electric vehicle (“EV”) charging stations, to the satisfaction of the District. For the Public Parking Spaces, the Owner shall install at least one charging station for use by the public. The parties agree that the District may withhold issuance of an occupancy permit for the Lands if the Owner has not complied with this section 5.2.
SECTION 219 COVENANT. As a covenant pursuant to section 219 of the Land Title Act, the Owner covenants and agrees as follows:
