ASSUMPTION OF RESPONSIBILITY AGREEMENT

BETWEEN:

THE OWNERS, STRATA PLAN

(Hereinafter referred to asThe “Strata Corporation”)

AND

, Owner of STRATA LOT

CIVIC ADDRESS:

In the Municipality of______, in the Province of British Columbia

(hereinafter referred to as the “Owner”)

______

WHEREAS the Owner of the Strata Lot has requested from the Strata Council (hereinafter referred to as the “Strata Council”) of the Strata Corporation permission to construct, install or place within or next to the Strata Lot or the common property of the Strata Corporation (the “Installation”) the following:

AND WHEREAS the Strata Council of has agreed to grant permission to the Owner to effect the Installation, subject to the Owner agreeing to comply with the following requirements, and to provide the undertakings, releases, and indemnities hereinafter provided;

NOW THEREFORE, in consideration of the premises and the granting of permission as aforesaid, the Owner covenants and agrees with the Strata Corporation as follows:

  1. In proceeding with the Installation, the Owner shall:

(a)comply with the requirements of all applicable Federal, Provincial and Municipal laws, bylaws, rules, regulations and Building Codes in effect from time to time;

(b)comply with all applicable bylaws, rules and policies of the Strata Corporation in effect from time to time.

(c)obtain and maintain or, if the owner retains a General Contractor to construct the installation, cause such General Contractor to obtain and maintain, third party liability insurance for a minimum amount of ONE MILLION ($1,000,000.00)Dollars, or such greater amount reasonably required by the strata corporation, for and in respect of the construction of the Installationand public liability.

  1. To engage the services of all necessary professionals, contractors and sub-contractors required to undertake the installation, in a good and proper fashion, all of whom shall be duly licensed and well qualified to perform the same.
  1. To undertake the Installation strictly in accordance with the drawings, plans and specifications provided to, and approved by the Strata Council prior to the commencement of construction, and to provide copies of all revised and final “as-built” drawings, plans and specifications to the Strata Corporation when and as received by the owner, and before the contractor and owner conclude their agreement.
  1. To permit the representative(s) of the Strata Council or property management, upon being provided with reasonable written notice, access to the strata lot to inspect the status of the installation during, and after the construction.
  2. To indemnify and save harmless, the Strata Council, the Strata Corporation, all other owners of strata lots within the property comprising the strata corporation (the “owners”), and the authorized representative(s) of the Management Company (the “other owners”), from and against any and all costs (including, without limitation, all legal costs on a solicitor/client basis, and the costs of all other professionals whose services are required), damage, loss, claims, demands, actions, proceedings, or liability resulting from, in any way relating to, or by reason of, either directly or indirectly, the installation.
  1. Without restricting the generality of the foregoing, this indemnity also applies to all costs, damage, loss, claims, demands, actions, proceedings and liability that would not otherwise have been incurred or experienced had the installation not been undertaken, and/or completed, including, without limiting the generality of the foregoing, the shut down of all or a portion of the water distribution services within any of the buildings comprising the strata corporation.

6.Without in any way limiting the foregoing, the Owner shall:

(a)take all possible steps to have the Installation insured under the Owner’s own insurance policy, at the Owner’s expense;

(b)be responsible for all costs of maintenance, repair and/or replacement for which the Strata Corporation is, will, or may be responsible, should the Installation be damaged, whether or not such damage is the Owner’s fault or the fault of others, to the extent such costs are not paid by the Strata Corporation’s insurer;

(c)be responsible for the maintenance, repair and/or replacement of the Installation, should it be necessary to alter, move, remove and/or redesign the Installation as a result of any work required to be performed by or on behalf of the Strata Corporation to any portion of the common property or the strata lot of one of the other Owners;

(d)to bring this Assumption of Responsibility Agreement to the attention of any prospective purchaser and inform them that it will be binding upon all subsequent owners of the strata lot.The owner agrees to pay the cost of the registration of this Assumption of Responsibility Agreement against the title to the property of this strata lot in the Land Titles Office in which the Strata Lot is duly registered.

(e)to execute and deliver to the Strata Corporation all such further documents and instruments as may reasonably be required by the Strata Corporation to give effect to the provisions of this Agreement.

7.This Assumption of Responsibility Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and future Owners of the Strata Lot.

Signed this ___day of______, ______.

______

Strata Lot Owner (please print)Witnessed by (please print)

______

Strata Lot Owner (Signature)Witnessed by (Signature)

The Strata Corporation

______

PRESIDENT

______

SECRETARY

RETURN COMPLETED FORM TO:PACIFICA FIRST Management Ltd.

307 – 6411 Buswell Ave.,RICHMOND, BC V6Y 2G5

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