ASSUMPTION OF RESPONSIBILITY AGREEMENT
THE OWNERS, STRATA PLAN ____ _______ (“Strata Corporation”)
STRATA LOT: ________ (the “Strata Lot”)
CIVIC ADDRESS: ______________________________________
WHEREAS the Owner(s) (whether one or more, hereafter referred to as the “Owner”) of the Strata Lot
has requested from the Strata Council (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: [add Schedule if space below is not sufficient]
AND WHEREAS the Strata Council has agreed to grant permission to the Owner to effect the Installation
subject to the Owner agreeing to comply with the 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 $1,000,000.00 or such greater amount reasonably required by the strata
corporation, for and in respect of the construction of the Installation.
2.
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 same.
3.
To undertake the Installation strictly in accordance with the drawings, plans and specifications
provided to, and approved by the Strata Council 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.
4.
To permit the representative(s) of the Strata Council or 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.
5.
To indemnify and save harmless, forthwith upon demand, the strata council, the strata corporation
and all other owners of strata lots within the property comprising the strata corporation (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. Without restricting the generality of the
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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.
(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)
RETURN COMPLETED FORM TO:
PACIFICA FIRST Management Ltd.
307 – 6411 BUSWELL ST.
RICHMOND, BC V6Y 2G5