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SCHEDULE "A" RESTRICTIVE COVENANT

WHEREAS:

1. Creeks Crossing Business Group Ltd. is the registered Owner of the residential lots situated in the Municipal District of Greenview No. 16, in the Province of Alberta, and described in Schedule “A”;

2. To ensure that the residential lots described in Schedule “A” will be developed on a well-planned and uniform basis of high standards of appearance, Creeks Crossing Business Group Ltd. is desirous of annexing to and for the benefit of the residential lots described in Schedule “A” certain restrictions, covenants and conditions restrictive in nature in respect of the exterior design and development of the residential lots described in Schedule “A” and the buildings, structures, improvements and premises to be erected thereon, all as hereinafter set forth, which restrictions, covenants and conditions are not meant to detract or derogate from the Land Use Bylaw of the Municipal District of Greenview No. 16, but are in addition and supplementary to the restrictions covenants and conditions contained in the said Land Use Bylaw;

3. Compliance with the Design Criteria (as hereinafter defined) as interpreted by Creeks Crossing Business Group Ltd.’s Representative (as hereinafter defined) pursuant to this Restrictive Covenant Caveat shall be a requirement of any Development (as hereinafter defined).  The Design Criteria are intended as a reference and guideline for use by Creeks Crossing Business Group Ltd. in evaluating any specific development proposal to ensure compliance with the Design Criteria.

4. Creeks Crossing Business Group Ltd. is also desirous of restricting the use of the residential lots described in Schedule “A” to ensure that a high standard residential community is maintained.

NOW THEREFORE Creeks Crossing Business Group Ltd. does annex to and for the benefit of the residential lots described in Schedule “A” for the common benefit of Creeks Crossing Business Group Ltd. and of any and all purchasers thereof the following restrictions, conditions and covenants to run with the said lands.

1. RECITALS AND DEFINITIONS

1.1 The recitals hereto are incorporated in this Restrictive Covenant and shall form
part hereof.

1.2 For the purposes of this Restrictive Covenant including the recitals, the terms
defined in this Restrictive Covenant shall have the meanings herein specified, namely:

(a) "Development" means the carrying out of any construction or any residential building structure, improvement of premises on or excavation of the residential lots described in Schedule" A";

(b) "Developer" shall mean Creeks Crossing Business Group Ltd. of Box 540, DeBolt, AB T8V 1B0;

(c) "Design Criteria" shall mean the Design Criteria described in Schedule
"B" of this Restrictive Covenant;

(d) "Developer's Representative" shall mean Glenn Moore or such other person as the Developer shall from time to time appoint;

(e) "Engineering Consultant" shall mean Beairsto, Lehners, & Ketchum Engineering Ltd. of #101, 10940 - 92 Avenue, Grande Prairie, Alberta, T8V 6B5;

(f) "Lands" shall mean all of the residential lots described in Schedule "A" collectively;

(g) "Owner" means the registered Owner or Owners of a Parcel;

(h) "Parcel" shall mean each of the residential lots described in Schedule "A" individually.

(i) In this document words importing singular import plural and vice versa,
and words importing the masculine import the feminine and neuter as the context or the party may require and vice versa and (ii) headings of clauses are forreference only and do not affect meaning or interpretation.

2. DEVELOPMENT APPROVAL PROCESS

2.1 No Development shall be commenced or carried out on any portion of the Lands except following application in writing for approval to the Developer's Representative, and then only as approved in writing by the Developer's Representative all as herein required. Application to the Developer's Representative must be made prior to any application for a development permit or building permit from the Municipal District of Greenview No. 16. The Developer's Representative shall always act reasonably in granting or denying any approval.

Approval shall be by the Developer's Representative based, among other things, upon the adequacy of site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring structures, effect of location and use of improvements on neighboring sites, improvements, operations and uses, relation of topography, grade and finished ground elevation of the site being improved to that of neighboring sites, proper facing of elevations with respect to nearby roads, and conformity of the plans and specifications to the Design Criteria hereinafter set forth.

2.2 Each Owner proposing development on the Lands shall provide the Developer's Representative with preliminary plans and specifications and such other information that the Developer's Representative may require in order to approve a proposed development, which plans and specifications shall be of the scale and detail required by the Municipal District of Greenview No. 16 for development permit applications. Each Owner proposing development on the Lands shall submit with his application the following to the Developer's Representative in respect of a residential development:

(a) A site plan showing the provisions for front, rear and side yards;

(b) Floor plans showing elevations in sufficient detail to demonstrate architectural design and to identify materials and finishes (including samples, colour chips and other pertinent data to fully identify all materials and finishes);

(c) A landscaping plan sufficient in detail (including contours and elevations of top of ground of the floor of each building on the site) for the Developer's Representative to evaluate the materials, sizes, quantities and locations, and the compatibility of the project to the area; and

(d) An undertaking by the Owner making application that the plans and all other material which are approved by the Developer's Representative shall be identical to those which shall be submitted to the Municipal District of Greenview No. 16 for a development and building permit.

Whenever the Developer’s Representative receives a request for approval the developer’s Representative shall either provide his approval or disapproval in writing to the address shown in the request for approval. The Developer’s Representative shall, within fourteen (14) days from receipt of the application, provide its approval, conditional approval or disapproval. No specific approval once given by the Developer's Representative may thereafter be revoked.

2.3 The Developer's Representative shall have the power to obtain the assistance, advice or opinion of such architect, landscape architect, surveyor, engineer or other experts as he may think fit and shall have the discretion to act upon any assistance, advice or opinion so obtained.

2.4 The Developer's Representative shall have the right to reject any incomplete submissions in their entirety. Any changes by the Owner from approved plans must be submitted to the Developer's Representative and approved in writing.

2.5 The Developer's Representative's stamp of approval affixed to plans, architectural drawings and specifications denotes the Developer's Representative's approval and acceptance of the technical information contained in such plans, architectural drawings and specifications and approval of the visual design that the plans, drawings and specifications appear to represent. The stamp of approval may not be construed to mean the Developer's Representative confirmation of dimensions shown on any submission. The Owner shall be responsible for all requirements of this Restrictive Covenant on all applications, building codes and regulations and laws of governing authorities having jurisdiction whether or not shown on the drawings notwithstanding the Developer's Representative's stamp of approval.

2.6 The Developer's Representative may approve a variance from the Design Criteria if proposed alternates be deemed compatible with the quality standards specified.

2.7 The Developer's Representative may carry out on-site reviews during construction to ensure conformance to approved grading plans. Modifications may be requested relating to actual site conditions.

2.8 Upon being advised by the Owner of the completion of the Development including grading, the Developer's Representative shall carry out on-site review to confirm conformance to the Design Criteria and the approval previously granted.

2.9 Where the Development consists of a fence, accessory building or other improvement, the Owner shall provide the information that the Developer's Representative shall request prior to commencement of Development.

3. COMPLIANCE

3.1 Each Owner proposing Development and carrying out a Development is responsible for ascertaining and complying with:

(a) The requirement of any Dominion, Provincial or Municipal legislation applicable to such proposed development;

(b) The conditions of any easement in respect of the Lands;

(c) The restrictions, conditions and covenants contained in this Restrictive Covenant. These restrictions, covenants and conditions are not to detract or derogate from any Land Use By-law of the Municipal District of Greenview No. 16 but are in addition and supplementary to the restrictions, covenants and conditions contained in the Land Use By-law of the Municipal District of Greenview No. 16 force at that time.

3.2 Where reference is made herein to requirements of the Land Use By-law, such reference shall mean the Land Use By-law referred to in Section 3.1, without relaxation or deviation from its specific and stated terms and requirements, restrictions, conditions and regulations, whether such relaxation and deviation is made through the exercise of discretion of authorized officials, is through the development permit or building permit process, is through application or appeal to the Subdivision and Development Appeal Board of the Municipal District of Greenview No. 16 is through application to other governmental authority or Court of competent jurisdiction, or otherwise howsoever.

4. DESIGN CRITERIA

4.1 The restrictions set out in Appendix "B" annexed hereto and forming part hereof apply to every development on the Lands.

5. WAIVER

5.1 The Design Criteria cannot be varied or waived without the express written consent of the Developer's Representative.

5.2 The Developer's Representative retains the sole right in his sole discretion to vary the restrictions, conditions and covenants of this Restrictive Covenant and the Design Criteria. Such waiver permitting variance in respect of one Development on the Lands shall not be construed or constituted a waiver in favour of any other Development of the Lands nor be construed or constituted a waiver of any other of the restrictions, conditions and covenants contained in this Restrictive Covenant.

5.3 The Developer shall not be liable to the owner or owners of any Lot or Lots or to their successors in title for the enforcement of any of the Restrictive Covenants contained herein or in the event that any or all of the foregoing Restrictive Covenants are judged to be unenforceable by a court of competent jurisdiction.

5.4 Notwithstanding anything to the contrary herein, the Developer shall have the power from time to time in their sole discretion to waive, release, amend and alter any of the foregoing Restrictive Covenants, provided such waiver, release, amendment or alteration, in the sole discretion of the Developers, will not significantly detract from the intent of this Agreement or the general character of the Lots. This right shall no longer be in effect when the Grantee no longer retains ownership of one of the Lots being developed from the Lands.

6. RESTRICTIONS ON USE

6.1 The restrictions set out in Schedule "C" annexed hereto and forming part hereof applies to the use of the Lands.

7. ENFORCEMENT

7.1 Without prejudice to and without limiting the Developer to any other right or remedy which the Developer shall be entitled to in law to enforce compliance with the provisions of this Restrictive Covenant, the Developer shall have the right, but not the obligation, to remedy any default and non-compliance with the provisions hereof by an Owner.

7.2 The powers, rights and remedies set forth herein shall be deemed to be cumulative and not exclusive of any other powers and remedies available to the Developer hereof by judicial proceedings or otherwise to enforce the performance or observance of the covenants and provisions hereof.

7.3 This Restrictive Covenant shall, in the first instance, be enforced by the Developer.

7.4 The owner or owners of any Lot may enforce the foregoing Restrictive Covenants against the owner or owners of any other Lot or Lots except the Developer.

8. SEVERABILITY

8.1 Should any part, term or provision hereof or of the Design Criteria or the Restrictions on Use be declared or decided by any Court to be illegal or in conflict with the laws or jurisdiction where the provisions hereof are to be performed, the validity of the remaining portion, terms or provisions hereof, shall not be affected thereby and said illegal part, term or provision shall be deemed not to be a part hereof.

8.2 Should any provision of this Restrictive Covenant and the Design Criteria or the Restrictions on Use give rise to any conflict, contravention, contradiction or inconsistency in the interpretation thereof or hereof, the offending provision or provisions shall be interpreted so that the more restrictive meaning and interpretation shall be applied and enforced by the Developer.