Keeping it Green Through Covenants and ... - McCarthy Tétrault

DGLP’s obligations under the agreement terminate on the earlier of the date when all funds required
by DGLP to be paid under the Agreement have been paid, the completion of the construction of
Dockside Green, or 2015.
Following termination of DGLP’s obligations, the Cooperative will conduct its business under common
supervision from the Society, which supervision includes designating parking spots necessary for the
operation of the program, negotiating logos to be placed on the cars, and providing authorizations
necessary for the operation of the Cooperative.
IV.
UNIVERCITY
UniverCity is a large urban community with a projected population of 10,000 residents located on
Burnaby Mountain adjacent to the Simon Fraser University campus. It has received a number of
international awards for its innovation and sustainability.
“Environment” is one of the four Cornerstones of Sustainability on which the community is founded.
A. SFU Community Trust
SFU Community Trust (the “Trust”) is the master developer of UniverCity, a development adjacent to
the Simon Fraser University campus.
B. Covenants and Statutory Rights of Way
Unlike Dockside Green, the Trust did not enter into a single comprehensive development agreement for
UniverCity. Rather, various section 219 covenants and statutory rights of way were granted in favour
of the City of Burnaby. The statutory rights of way set out pedestrian and bicycle pathways.
Covenants at different stages of development and for different purposes were registered:
• Covenants regulating initial construction to protect natural features (i.e., tree
protection and creek setback);
• Covenants dealing with energy efficient infrastructures (i.e., storm water
management); and
• Covenants ensuring that green programs are operated properly (i.e., car share
program).
C. Green Roof
The Cornerstone development features offices and retail units and a mid-rise tower with residential
rental units. An airspace subdivision plan was filed, creating an airspace parcel (the “AP”) which was
further stratified to create title to the residential units, and the remainder (the “Remainder”), which
contains the commercial component of the building.
A landscaped area is located on top of the Remainder and is accessible by the occupants of the AP.
The landscaped area is above the roof of the Remainder.
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Keeping it Green through Covenants and Easements