AMENDED DISCLOSURE STATEMENT - Telus Amend Disclosure... · Strata Lots 1 through 20, all of District Lot 1509 Group 1 NWD Strata Plan LMS3461 Phase 2: Lot 24 Except Part in Phase

X

AMENDEDDISCLOSURE STATEMENT

REAL ESTATE ACT OF BRITISH COLUMBIA

FOR:

DATE:

POISE ISLAND ESTATES BARE LAND STRATA PLANSUBDIVISIONSechelt, B.C.(the "Subdivision")

Original filed: July 8, 1997Amendment filed: January 14, 1999

DEVELOPER:

Name:

Mailing Address:

Address for Service:

Registered Office:

386921 B.C. LTD.

725 Carnarvon StreetNew Westminster, B.C., V3M 1E6



MINISTRY OF-RNANCEAND CORPORATE RELATIONS

R E C E I V E D

JAN 14 1999

FINANCIAL INSTITUTIONS

NEITHER THE SUPERINTENDENT OF REAL ESTATE NOR ANY OTHER AUTHORITYOF THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA HAS IN ANY WAYPASSED ON THE MERITS OF THE MATTERS DEALT WITH IN THIS DISCLOSURESTATEMENT. THIS DISCLOSURE STATEMENT HAS BEEN FILED WITH THESUPERINTENDENT OF REAL ESTATE, BUT HE HAS NOT DETERMINED WHETHER ORNOT IT COMPLIES WITH PART OF THE REAL ESTATE ACT.

INDEX

1. LOCATION OF THE SUBDIVISION1.1 Legal Description1.2 Location of the Development

2. THE DEVELOPER

3. THE SUBDIVISION3.1 General Description of the Subdivision3.2 Phased Strata Plan3.3 Subdivision Approval Particulars3.4 Changes in Natural State3.5 Flooding Dangers and Soil Conditions3.6 Utilities3.7 Construction, Utility and Services Financing

4. TITLE OF THE SUBDIVISION4.1 State of Title4.2 Proposed Encumbrances and Covenants4.3 Litigation

5. THE OFFERING5.1 Terms of Offering5.2 Deposits5.3 Property Taxes and Utility Rates5.4 Common Property Expenses5.5 Fire and Liability Insurance

6. RESTRICTIONS ON USAGE OF SUBDIVISION6.1 Use of the Strata Lot6.2 Bylaws

7. DEVELOPMENT FINANCING

8. MISCELLANEOUS8.1 Material Contracts8.2 Water Lease8.3 Management

9. SCHEDULES"A" - Sketch Plan"B" - Unit Entitlement, Interest on Destruction and Voting Rights"C" - Form "E" Phased Strata Plans"D" - Tentative Approval"E" - Building Restrictions"F" - Zoning Bylaw"G" - Indemnity Agreement"H" - Common Property Expense Budget"I" - Strata Corporation Bylaw Amendments

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1. LOCATION OF THE SUBDIVISION

1.1 Legal Description

The legal description of the lands which are the subject matter of this DisclosureStatement are:

North Shore - Squamish Valley Assessment AreaVillage of Sechelt, Sechelt Fire Protection District

Phase 1:Strata Lots 1 through 20, all of District Lot 1509 Group 1 NWDStrata Plan LMS3461

Phase 2:Lot 24 Except Part in Phase 1 Strata Plan LMS3461, District Lot1509 Group 1 NWD Plan LMP39421

1.2 Location of the Development

The development is located at the end of Harbour Way in the West Porpoise Bay areain the District of Sechelt. It is bounded on the north by Harbour Way, on the south by apublic park and waterfront bay, on the east by West Porpoise Bay, and on the west by PoiseIsland Drive. It is situated approximately four (4) kilometres northwest of downtownSechelt.

2. THE DEVELOPER

2.1 (a) Name:

(b) Mailing Address:

(c) Address for Servicein British Columbia:

386921 B.C. LTD.

725 Carnarvon Street, New Westminster,B.C., V3M 1E6

725 Carnarvon Street, New Westminster, B.C.V3M 1E6

(d) Jurisdiction of Incorporation: British Columbia

(e) Date of Incorporation: May 7, 1990, Incorporation No. 386921

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(f) Directors and Officers:Name: WILLIAM TURNER, Director & PresidentOccupation: BusinessmanAddress: 5653 Wakefield Road, Sechelt, B.C., VON SAO

Name: LYDIA HALL, Director & SecretaryOccupation: BusinesswomanAddress: 7510 Hurdle Court, Surrey, B.C., V3W 4H1

Name: HENRY HALL, DirectorOccupation: BusinessmanAddress: 7510 Hurdle Court, Surrey, B.C., V3W 4H1

(g) Legal interest of the The Developer is the Registered OwnerDeveloper in the Lands: of the Lands

3. THE SUBDIVISION

3.1 General Description of the Subdivision

(a) Number of Strata Lots

The Subdivision includes twenty-six (26) bare land strata lots (the "StrataLots") which will be owned individually, together with a proportionate sharein Common Property which will be owned as tenants in common by theowners of the Strata Lots.

The development is part of a phased strata plan. This Disclosure Statementrelates only to Phase 1 presently being offered, which consists of twenty (20)strata lots. The first phase consists of twenty (20) bare land strata lots, andthe second phase consists of six (6) bare land strata lots, for a total of twenty-six bare land strata lots. For information about the second phase refer toparagraph 3.2.

(b) Total Strata Lots: TWENTY (20)

(c) Permitted Usage of Strata Lots: Residential

(d) Plan or Sketch

A Sketch Plan of the Subdivision prepared by Larry W. Penonzek, B.C.L.S., isattached as Schedule "A".

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(e) Common Property

(i) a continuous strip of land immediately adjacent to and in front ofthe twenty strata lots, averaging thirty (30) metres in width andthree hundred (300) metres in length, containing approximately2.2 acres (referred to as the "Common Esplanade");

(ii) a private strata road with a public access Right of Way to themunicipal road and park area.

There are no other common amenities or facilities associated with theSubdivision.

(f) Limited Common Property

There is no limited common property associated with the Subdivision.

(g) Unit Entitlement

The unit entitlement of each Strata Lot is a figure indicating its share inthe Common Property and assets of the whole development, and bywhich its contribution to the expenses of the Common Property isdetermined. The unit entitlement of each Strata Lot is 1/20 as set forthin Schedule "B".

(h) Interest Upon Destruction

The interest upon destruction of each Strata Lot is a figure indicating itsshare of the development upon destruction or other termination. Interestupon destruction is based on the proposed market value of the StrataLots. The interest upon destruction for each of the Strata Lots is set outin Schedule "B".

(i) Voting

Each Strata Lot shall have one (1) vote in the Strata Corporation as setforth in Schedule "B".

(j) Construction Completion

The estimated date of completion of the Subdivision is September, 1997.

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3.2 Phased Strata Plan

This is a two phase development. The first phase consists of twenty (20) bareland strata lots which have been completed. The second phase consists of six (6) bareland strata lots, scheduled for completion December, 2002.

Attached as Schedule "C" is the Form E - Declaration of Intention to Create aStrata Plan by Phased Development.

3.3 Subdivision Approval Particulars

(a) Approval of Development

The Subdivision was granted tentative approval by the District of Sechelton July 2, 1996 a copy of which approval is attached hereto as Schedule"D".

•

(b) Building Restrictions

There are building restrictions with reference to the Subdivision as setout in Schedule "E". In addition to the building restrictions, CoastArchitectural Group has designed a Subdivision lot layout to preserveviews and privacy for individual lot owners. In addition to compliancewith the Building Scheme, Strata Lot owners shall, prior to building, havetheir building footprint location approved by the Project Designer.

(c) Zoning

The zoning applicable to the Subdivision is R1. The bylaw detailing thebuilding restrictions imposed within this zone is attached hereto asSchedule "F".

(d) Occupancy Restrictions

There are no occupancy restrictions with reference to the Subdivision,

{e} Restrictions

The Subdivision will comply with all building restrictions, zoningregulations and other restrictions governing the use and development ofthe Strata Lots.

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(f) The Developer has not entered into any development agreements or landuse contracts with any public authority with respect to the Strata Lots.

3.4 Changes in Natural State

There have been no changes from the natural state in any of the Strata lotsother than necessary clearing and landscaping.

3.5 Flooding Dangers and Soil Conditions

The Subdivision is located adjacent to Porpoise Bay, but, based on a physicalexamination of the Lands, the Developer is not aware of any flooding danger to theStrata lots.

3.6 Utilities

(a) Water

Water lines and hookups are installed to each lot line at the cost of theDeveloper in accordance with the requirements of the Sunshine CoastRegional District. The Development will be served by Municipal water.

(b) Electricity

B.C. Hydro has provided underground power from south Gale Avenue andalong Harbour Way, at the cost of the Developer. Electricity will besupplied to any Strata Lot on application for and payment of usualapplication and hookup charges by the Owner to B.C. Hydro.

(c) Sewerage

A sanitary sewer is provided by the District of Sechelt to Harbour Way.The Developer will extend the sewer to provide a connection at each Lotline. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 19 and 20require individual sanitary lift stations which will be installed andmaintained by the Purchasers of the Lots in accordance with StrataCorporation Bylaw amendments attached as Schedule "I" and registeredas BM253143.

(d) Storm Sewers

Storm sewers have been installed at the cost of the Developer inaccordance with the requirements of the District of Sechelt.

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(e) Natural Gas

Natural Gas service is provided to the lot line of each Strata Lot.

(f) Sidewalks

No sidewalks will be installed by the Developer.

(g) Street Lighting

The Subdivision is to be serviced with street lighting at the cost of theDeveloper.

(h) Garbage Collection

Garbage collection will be provided to the Subdivision by the District ofSechelt.

(i) Fire Protection

Fire hydrants have been installed at the cost of the Developer. Fireprotection services are to be provided by the Sechelt Fire Department,located approximately four (4) kilometres south of the Development.

(j) Police Protection

Police protection for the Subdivision is provided by the Royal CanadianMounted Police who maintain an office in Sechelt.

(k) School Facilities

There are school facilities in Sechelt. The elementary school is locatedapproximately 3.9 kilometres from the Subdivision, and the high schoolis located approximately 4.5 kilometres from the Subdivision. Also, anew elementary school has been proposed which, if built, will beapproximately one (1) kilometre from the Subdivision.

(I) Public Transport

Public transportation is available approximately four (4) blocks from theSubdivision at the corner of Lookout Avenue and Parkview.

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(m) Telephone

Underground telephone cable has been installed to the lot line of eachStrata Lot at the cost of the Developer. Service will be supplied by B.C.Telephone on application for the payment of usual application and hookupcharges by the Strata Owner.

(n) Cablevision

Underground cable has been provided by the Developer to the lot line ofeach Strata Lot and service made available by Coast Cablevision Ltd. onapplication for and payment of usual application and hookup charges bythe Strata Owner.

(o) Access

Access to the Subdivision is by Harbour Way, which is a paved road,

(p) Internal Roads

The common access road within the Subdivision is to be paved.

3.7 Construction. Utility and Services Financing

All development costs which are the responsibility of the Developer will be paidfor in full either from construction financing obtained by the Developer or directly fromthe Developer.

There are no further anticipated expenditures in connection with construction,utilities or other services in this Subdivision other than those specifically referred to inthis Disclosure Statement.

4. TITLE OF THE SUBDIVISION

4.1 State of Title

(a) Legal Description of the Subdivision


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Phase 1:Strata Lots 1 through 20, all of District Lot 1509 Group 1NWD Strata Plan LMS3461

Phase 2:Lot 24 Except Part in Phase 1 Strata Plan LMS3461,District Lot 1509 Group 1 NWD Plan LMP39421

(b) State of Title

386921 B.C. Ltd. is the registered owner of the Lands,

{c} Encumbrances

•Mortgage No^BLI03590Registered against the Lands in favour of Royal Bank of Canada as

/arirst financial charge to secure development financing. •

•S.219 Covenant No^LlOl132 in favour of the District of SecheltA copy of this agreement is attached hereto as Schedule "G".

•Mortgage No. BL248825, Assignment of Rents No. BL248826 andPPSA Notice BL248827

Registered against the Lands in favour of Clarion Property/Corporation as to an undivided one-half interest and WilliamBabcock as to an undivided one-half interest as a second financialcharge to secure development financing.

•Right of Way NaJ3M77697 ^Registered against the Cojrimon Property in favour of B.C. Hydrofor underground hydro lines.

•Right of Way No. BM77698Registered against the Common Property in favour of B.C._Telephone for underground telephone lines.

•Building Scheme No. BM255838To ensure consistency and quality in home construction in theform attached as Schedule "E".

•Covenant'No. BM250697Registered in favour of the Ministry of the Environment restrictingbuilding within fifteen (15) metres of the natural boundary of thesea.

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• Right of Way No. BM250512Registered against the common road in favour of Centra Gas forunderground gas lines.

-Right of Way No. BM253166Registered against the common road in favour of District ofSechelt for sewer.

• Right of Way No. BM253167Registered against the Common Property in favour of SunshineCoast Regional District for underground water lines.

•Easements No. BM311326 through BM311328Granting pedestrian access route to pier and common amenitiesover Strata Lots 1, 2 and 3.

•Easements No. BM311332 through BM311336Granting access route for vehicles and pedestrian access overStrata Lots 13, 14, 15, 16 and 17

There are no further proposed encumbrances or covenants.

4.3 Litigation

There is no outstanding or anticipated litigation in respect of the Strata Lots oragainst the Developer which may affect the Subdivision.

5. THE OFFERING

5.1 Terms of Offering

(a) Offering

The Developer intends to offer the Strata Lots for sale.

(b) Purchase Financing

The Developer has made no arrangements for financing the purchase ofthe Strata Lots.

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5.2 Deposits

All deposits and other monies received shall be held in the trust account ofMcDONALD & COMPANY, Barristers and Solicitors, 725 Carnarvon Street, NewWestminster, B.C., V3M 1E6, or a licensed real estate agent, until:

(a) an instrument evidencing the interest of the purchaser in the Strata Lothas been registered in the Land Title Office.

5.3 Property Taxes and Utility Rates

(a) Strata Lot Property Taxes

Each Strata Lot owner shall be responsible for real property taxes for hisor her Strata Lot. Property taxes are levied by and payable to the Districtof Sechelt.

(b) Strata Lot Expenses

The following utilities will be separately metered or assessed to eachStrata Lot and will be the responsibility of each Strata Lot owner:Electricity, Telephone, Water and Gas.

5.4 Common Property Expenses

The only common expenses anticipated for the Strata Corporation aremaintenance and insurance of the Common Property, including the common road. Anestimated annual budget for the Common Property Expenses and an allocation ofmonthly maintenance fees for each Strata Lot is attached as Schedule "H".

5.5 Fire and Liability Insurance

(a) Developer Coverage

The Developer will be placing the following insurance coverage in respectto its work on the Subdivision:

Property and Business Interruption and Comprehensive General LiabilityInsurance Limit of Liability - $2,000,000.00.

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6. RESTRICTIONS ON USAGE OF SUBDIVISION

6.1 Use of the Strata Lot

No Strata Lots will be retained or alienated for non-residential purposes.

6.2 Bylaws

The Bylaws of the Strata Corporation are those contained in Part 5 of theCondominium Act with certain amendments proposed by the Developer. These Bylawamendments are attached hereto as Schedule "I". The Superintendent of Real Estatehas approved these Bylaw amendments.

7. DEVELOPMENT FINANCING

The Royal Bank of Canada, Sechelt Branch has committed to finance theproject. The financing is secured by a first mortgage against the Lands, which will bedischarged from title to each Strata Lot when a sale occurs.

Clarion Property Corporation as to an undivided one-half interest and WilliamBabcock as to an undivided one-half interest have committed to finance the project,secured by way of a second financial charge, which will be discharged from title toeach Strata Lot when a sale occurs.

8. MISCELLANEOUS

8.1 Material Contracts

(a) The Developer has retained Architect KEVIN RYAN, M.A.I.C.C., Principalof Coast Architectural Group, for the purpose of conceptual design,Municipal Preliminary Approval and to oversee Engineering DesignApprovals. His further role as construction consultant is to ensure thatconstruction work and progress are in timely accordance with approvedplans and specifications.

(b) Coast Architectural Group on the Developer's behalf received PreliminaryDevelopment Approval from District of Sechelt's Director of Planning andApproving Officer July 2, 1996.

(c) Coast Architectural Group advises their proposed time schedule for theremaining work to bring the subdivision to completion:

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November. 1996-June. 1997

(i) Completion of engineered construction drawings and all otherApproval information to be submitted to District of Sechelt for aJune 1, 1997 proposed construction approval date.

(ii) Sub-trade, tendering, review and awards after Developer andBanks monitor, Ramsay Ferguson Approval.

June. 1997

(iii) Full construction start with a construction completion goal ofSeptember 30, 1997.

(iv) Accounting, Legal and Municipal Approvals are anticipated byAugust 15, 1997.

8.2 Water Lease

The Developer has concluded the purchase and assignment of District Lot 7609,a 0.8411 hectare water lease No. 233800 controlled by Ministry of Environment,Lands & Parks for a ten (10) year period commencing August 5, 1997, for a period often (10) years.

The Developer advises that this District Lot 7609 and the water lease thereonis not part of the development. However, the Developer recognizes that misuse of theforeshore lease could affect the quiet enjoyment and value of the upland properties.In this regard, the Developer shall seek and follow the majority consent of the uplandowners for the proposed use of the foreshore.

8.3 Management

The Strata Corporation will manage the Common Property of the Subdivision.

CAUTION

The Developer, Directors of a Corporate Developer, and any other personrequired by the Superintendent to sign this Disclosure Statement are advised to readthe provisions of and be fully aware of their obligations under Part 2 of the Real EstateAct before signing this Statement, as a person who fails to comply with therequirements of Part 2 of the Real Estate Act may, on conviction, be liable:

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(a) In the case of a corporation, to a fine of not more than ONE HUNDREDTHOUSAND ($100,000.00) DOLLARS; and

(b) In the case of an individual, to either a fine of not more than ONEHUNDRED THOUSAND ($100,000.00) DOLLARS or to imprisonment fornot more than FIVE (5) YEARS less ONE (1) day.

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DECLARATIQN

The foregoing declarations constitute full, true and plain disclosure of all facts relative to the Subdivisionreferred to above, proposed to be sold, as required by the Real Estate Act of the Province of British Columbiaas of the 8th of July, 1997.

38692.1 B.C. LTD.^'its authorized signatories:

HENRY HALL

LYDIA HALL

SIGNED, SEALED and DELIVEREDin the presence of:

Name MARK A. McDONALDBARRISTER & SOLICITOR

AHdrp«?«! 725 Carnarvon StreetMU Wt Westminster, B.C. V3M1E6

Occupation(as to all signatures)

HENRY HALL, Director

LYDIA HALL, Director

RIGHT OF RESCISSION

Under Section 63 of the Real Estate Act, the purchaser or lessee of subdivided land situated in theProvince may, so long as he remains the beneficial owner of the land, rescind the purchase contract orlease by serving written notice on the developer or his agent within three (3) days after the later of thedate that the contract was entered into or the date the purchaser or lessee received a copy of thisDisclosure Statement. The rescission notice may be served by delivering, or sending by registered mail, asigned copy of the notice to:

(a) the agent at the address, if any, shown on the face of the Disclosure Statement;(b) the agent at his office or place of business where the contract was made; or(c) the Developer at his address inside or outside the Province where no agent is acting on his

behalf.

The Developer is required to keep any monies he receives from the purchaser in a trust account in theProvince until the rescission period referred to above has expired. Where a notice of rescission is served onthe Developer or his agent, the Developer or his agent shall return the trust account monies to the personfrom whom it was received or shall pay it into court.

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SOLICITOR'S CERTIFICATE

CANADA

PROVINCE OF

BRITISH COLUMBIA

IN THE MATTER OF the Real Estate Act and theDisclosure Statement of 386921 B.C. LTD.

For property described as:


Phase 1:Strata Lots 1 through 20, all of District Lot 1509Group 1 NWD Strata Plan LMS3461


TO WIT:

I, MARK A. McDONALD, Barrister and Solicitor, of 725 Carnarvon Street, NewWestminster, B.C., V3M 1E6, a member of the Law Society of British Columbia,having read over the above-described Amended Disclosure Statement dated January14, 1999, have made any required investigations in public offices, and reviewed samewith the Developers therein named, hereby certify that the facts contained paragraphs1.1, 4.1 (a), (b) and (c) of the Disclosure Statement are correct.

DATED at New Westminster, British Columbia, this _13th day of January, 1999.

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DEVELOPER'S CERTIFICATE

CANADA

PROVINCE OF

BRITISH COLUMBIA

IN THE MATTER OF the Real Estate Act and theDisclosure Statement of 386921 B.C. LTD.

for property described as:


Phase 1:Strata Lots 1 through 20, all of District Lot 1509Group 1 NWD Strata Plan LMS3461


I, HENRY HALL, of 7510 Hurdle Court, Surrey, B.C., V3W 4H1, DO SOLEMNLYDECLARE:

1. THAT I am a Director of 386921 B.C. Ltd., the Developer referred to in theabove-described Amended Disclosure Statement, dated January 14, 1999.

2. THAT every matter of fact stated in the said Disclosure Statement is correct.

3. THAT I am aware that Section 50 {7} of the Real Estate Act requires that a truecopy of the Disclosure Statement be delivered to be prospective purchaser or lesseeand receipt for same be obtained.

4. THAT I make this solemn declaration, conscientiously believing it to be true andknowing that it is of the same force and effect as if made under oath.

DECLARED BEFORE ME at the City }of New Westminster, in the Province )of British Columbia this _13th_ day of )JanuaryXf999.

A Commissioner for taking Affidavits }in British Columbia. )

HENRY HALL

SCHEDULE "A"

PLAN OF LOTS 1 TO 20.

so to o so to eo

SCHEDULE "B"

CONDOMINIUM ACTSHCCI snetr i Of s S

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STATUTORY DECLARATION

at? or i99 .super i/i etmafnc of ftt«i Csctcr

•». tf» tM* «r* toe Oulf autnofieeo Aticnt* of e/ft« Owner - Bvntjoprf•witf Ct*t Cf>* Str«(« P|«n ik ôt tfflY tor r*aia«ncf«| w«.M *#«« t»*a aoje*n 0«cf<«*<*• "i." consci*neia«rttl.f AiJi«y,iflg 1C to fie fu«flrt «nQ«iA9 it I* or (AC ><*•*•* '•'•nrr «mf effect «t it tMde under o«cn.

Oecl«r«d fir'or* «« «t in en* Prowine* PfCAiK 3-? Of . >99 .

SIB"*""*? - JM695I a C i If

SIGNATURES AS REQUIRED

• 386921 ff.C. LtfJ

PROPOSED BARE LAND STRATA PLAN

OF LOT 23. D.L. 1509. PLAN 3658.

Sale l: SBBO

10 20 0 50

Oisffict of Sgcfie/e

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100 SQQ

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total *m» at Par* - f??o *

Average Arc* of iocs inBeen Pn«s« - 667 «t

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505 Clesons, 8 C.rm 110 ft 8S6-J553

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RIPPLE MAY

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PLAN OF LOTS 21 TO 26. pmsf no

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SCHEDULE "C"

SCHEDULE"C"FORME

DECLARATION OF INTENTION TO CREATE A STRATA PLAN BY PHASED DEVELOPMENT

I, WILLIAM TURNER, businessman of 5653 Wakefield Road, Sechelt, in the Province of British Columbia, VONSAO, Director and President of 386921 B.C. Ltd. (the "Developer"), DECLARE THAT:

1. I intend to create a strata plan by way of phased development of the following land which I own or onwhich I hold a right to purchase:

North Shore - Squamish Valley Assessment AreaVillage of Sechelt, Sechelt Fire Protection District•rjtiul Itkutiflu No.. 011-738-774Lot 33 (except paa-in reference Plan 19095) District Lot 1509 Plan 365SLot 24 DL 1509 NWD Plan LMP39421North Shore — Squamish Valley Assessment AreaVillage of Scchcit, Scchcit Firo Protection DistrictParcel Identifier No.: 011-745-844-Thoac portiona of Closed Road Shown Outfee44g4feavyâek-en-R-efereH€e-P{aB1909S District Lot 1509 Plan-5658

2. The plan of development is as follows:

(a) the development shall be in two .phases, the first phase being 20 bare land strata lots and thesecond phase being 6 bare land strata lots. The subdivision will share a common road;

(b) attached is a sketch plan showing the parcel to be developed, setting out the land to be included inthe development, present parcel boundaries, approximate boundaries of each phase, and theapproximate location of the common facilities;

(c) Phase I construction will commence in June, 1997, with an estimated completion of September,1997. Phase II construction will commence in March, 2001, with an estimated completion ofDecember, 2001;

(d) the unit entitlement of each phase and the total unit entitlement of the completed development isas follows:

Phase Unit Entitlement

I 20II _6

TOTAL UNIT ENTITLEMENT 26

(e) This is a bare land strata of 26 strata lots. No structures will be built on the lots by theDeveloper.

3. I shall elect whether or not to proceed with each phase on or by the following dates:

Phase Date

I has elected to proceedII January 1,2001

0.

Approving Officer "fi

SCHEDULE "E"

REGISTERED LMBM255838 C80778 1998-12-04-10.37.21.266118

II 12 03B H 2 5 S 8 3 8

{Section 220(1)}DECLARATION OF A BUILDING SCHEME

Nature of interest: Charge: BUILDING SCHEMEHerewith fees of: $55.00

Address of person entitled to apply to register this building scheme:386921 B.C. LTD. {inc. No. 386921), P.O. Box 61, Sechelt, B.C., VON 3AO

Full name, address and telephone number of person presenting application:MARK kr\, Barrister and Solicitor, 725 Carnarvon Street, NewWestrrffnst<k,B.C., V.3M 1J&-1604) 521-8885.

13 98/09/1112S03U? 01 WCHARGEstgrtature of Authorized Agent

386921 B.C. LTD. (Inc. No. 386921}, declares:

1 . It is the registered owner in fee-simple of the following land {hereinafter calledthe "Lots"):

No PIDsSTRATA LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20, all of DISTRICT LOT 1509GROUP 1 NWD STRATA PLAN LMS

2.

3.

It hereby creates a building scheme relating to the Lots.

A sale of any of the Lots is subject to the restrictions enumerated in theSchedule attached or annexed hereto.

4. The restrictions shall be for the benefit of all the Lots.

Execution Date{Y/M/D}

Partyfies} Signature^}386921 B.C. LTD., by itsauthorised signatory:

RONALD W, WOODLANDBarrister & Solicitor725 Carnarvon St.

NewW««m!n*ttrBCV3M 1E6Ph.(804)821-8885

MARKA.MCDONALDWWSTEUSOUOTCR

OFFICER CERTIFICATION: Your signature constitutes a representation that you KT

or other person authorized by the Evidence Act, R.S.B.C. 1996, 0.124, to $ 8 ! f « f f s n S 5 e WBfSishColumbia and certifies the matters set out In Part 5 of the Land Title Act as they pertain to the execution ofthis instrument.

AGENTIS INFORMATIONSERVICES INC.

095610$55.C


SCHEDULE "E"

SCHEDULE OF RESTRICTIONS

1.00 PRECEDENTS

1.01 386921 B.C. Ltd. (hereinafter known as the "Developer") as the Grantor of thisBuilding Scheme and Schedule of Restrictions, is endeavouring to create a high qualitysingle family development, with protected investment values, while providing alifestyle centred around the views and waterfront lifestyle of the Sechelt Inlet.

1.02 In order to maintain a high standard and continuity of quality construction, theDeveloper, in its absolute discretion, reserves the right to approve ail construction andlandscape plans prior to commencement of any work on any lot within the subdivision

1.03 The Developer may, in its absolute discretion, appoint in writing an agent,committee or person to exercise the powers and privileges specified herein and any actmade, approval or rejection given by such appointee in accordance herein shall bedeemed to have been made pr given by the Developer or its appointee, shall be bindingand enforceable against the'Purchaser of any lot in this subdivision. The Developerrecommends the Strata Council maintain enforcement of the Schedule of Restrictionsafter the Developer has sold all lots in the subdivision and that an appointee of thatassociation collaborate with the Developer to ensure a smooth transition ofresponsibilities prior to the transfer of decision-making to the Owners.

1.04 In the event of any breach of any of the terms and specifications containedherein, the Developer or its agent shall have the right to enter upon the lot and abate,at the owner's expense, any such breach. The Owner shall pay to the Developer orits appointee, all costs for such abatement and such costs shall constitute a chargeupon the lot until paid and may be collected by the Developer or its appointee througha court of competent jurisdiction.

1.05 Nothing contained herein shall be construed or implied as imposing on theDeveloper, its agents or employees, any liability in the event of non-compliance withor non-fulfilment of any of the restrictions and benefits set forth in this Schedule andno liability shall attach to the Developer, its agents or employees for acts of omissioncommitted in the performance of its rights and obligations contained herein.

1.06 The Schedule of Restrictions shall remain in full force and effect for all time andshall be binding upon the owners, heirs, assigns and occupiers of the lots andimprovements.


Page 2

1.07 The restrictions and stipulations contained herein shall be in addition to andshall not be deemed to be exclusive of, the requirements of the Bylaws of the Districtof Sechelt or of the obligations or liabilities imposed by Statute or the Common Lawon any owners, heirs, assigns or occupiers for the lands, all of which shall be dulyobserved and complied with.

1.08 If any selection, subsection, sentence, clause or phrase of this Building Schemeand Schedule of Restrictions is for any reason held to be invalid by the decision of anyCourt of competent jurisdiction, the invalid portion shall be severed and the decisionthat it is invalid shall not affect the validity of the remainder of the Building Schemeand Schedule of Restrictions.

2.00 THE LOT

2.01 All landscape plans shall be submitted to and approved by the Developer priorto the commencement of any work. Plans must include sufficient detail in regard todrainage, fencing, retaining walls, type of ground cover, hedges and the location andtype of trees. Front gardens shall have a minimum requirement of 60% of soddenlawn, lowbush heather or evergreen shrubs while the remainder may be rockeriesshrub areas or herbaceous borders with suitable mulch material. Front yard must becompleted within six months, the balance within one year of obtaining a buildingpermit.

2.02 Lot grading shall only be done after approval by the Developer and any changesto the lay of the land requested by the purchaser shall be made in writing to theDeueloper prior to the time the building contract is drawn up. The purchaser is toprovide a survey of existing grades.

2.03 No excavation of the lot shall be permitted prior to the Developer approving theconstruction plans and prior to a. building permit being in place. All excavated materialfrom the building site shall be removed from the lot or spread out and properly retainedto prevent sliding to adjoining property.

2.04 Vacant lots shall be maintained by the purchasers at their expense prior toconstruction. All weeds, scrub bush and trees {including aider, poplar and evergreen)shall be removed annually and in any event shall not be over one meter in height.

2.05 All storm water shall be prevented from running onto any adjoining lot by beingdiverted into a disposal system on the lot.

• 2.06 No fence or group of trees or bushes construed to be a hedge situated anywhereon the lot shall have a height exceeding two meters above the finished graded surfaceof the grounds.


Page 3

2.07 No junk yard items, wrecked or partially wrecked vehicles, nor any salvagematerials, or goods intended for commercial use or sale shall be stored, kept, norpermitted to be stored or kept on any lot. No waste or refuse shall be stored or kepton any lot on this subdivision.

3.00 THE RESIDENCE AND OUTBUILDINGS

3.01 No single or double wide mobile homes nor any modular homes shall bepermitted under any circumstances on any lot,

3.02 No structure or other improvement whatsoever shall be constructed, placed,erected or maintained on any lot within this Building Scheme, unless and until plansand specifications showing elevation, siting, size, colour scheme and all exteriormaterials to be used have been submitted to and approved in writing by the Developerwho shall have the right and power to approve or reject same.

3.03 The construction of any residence, outbuildings or improvement upon a lot shallcommence within six months of the date of the approval referred to in 3.02 hereof,otherwise such approval shall be null and void.

3.04 A home office is allowed, however, no exterior identification may be displayed.No building or part thereof on any lot shall be used as a boarding house, child daycarefacility or nursery, private hospital, transition house, rooming house, hotel, beerparlour, resort, store, restaurant, shop or place of business.

3.05 Without limiting the generality of 3.02 herein, the Developer shall not approveany plans or specifications for any improvement or structure used or intended to beused as a family residence or house except in accordance with the following:

Desjgn intent

General: The building design is to display an intimate and varied assemblyof building forms, and materials. Monolithic building design or material use isdiscouraged.

The waterfront bank environment is to be retained in its natural state. Treecutting/pruning in the common area is to be approved by the developer. Theperson cutting is responsible to remove all debris in a fashion that does notdegrade the ground cover vegetation. It is recognized that view corridors arenecessary and are to be accommodated.


Page 4

The building elevation and landscape elements facing the waterfront are to bedesigned in consideration of the views back from the waterfront walkway.Excessive overhanging decks, high retaining walis and building faces are to beavoided. It is recommended to step the building elements back with the naturalslope.

{1} total floor area of residence excluding garages shall not be less than:

(a) one hundred and sixteen (116ma) square meters of finished livingarea if the residence is a single storey {rancher}...approximately1240 square feet.

(b) one hundred fifty {150 ma) square metres of finished living area ifthe residence is a split level or multi story building...approximately1600 square feet.

(2) Roof slopes must be a minimum 5/12 pitch. All roofs must be finishedin a shingle or flat tile shape of cedar shingles, shakes, masonry metal,cement fibre. Asphaft/fibreglass shingles are strictly limited to a heavymaterial 40 year plus type.

(3} the exterior faces of each residence shall be finished in cedar siding,stucco, stone, brick or cement board approved by the Developer. Someglass block, brick, or stone must accompany front siding materials orsuch other material approved by the Developer that has the effect ofarticulating the building faces providing visual interest.

(4) all chimney faces shall be brick, stucco or stone to match the exterior ofthe residence, all vent pipes shall be painted a flat darker colour andlocated for minimal visibility.

3.06 Enclosed garage parking attached to the residence for at least one standardsedan size vehicle shall be required on every lot. No carports are permitted. Garagedoor styles shall be compatible with the exterior of the residence.

3.07 All driveways or vehicular access from the street shall be surfaced withconcrete, exposed aggregate concrete or interlocking paving stone or brick.

3.08 Lot 16: maximum height 4.5m above driveway road grade at the north eastboundary of the easement.

3.09 No residence shall be occupied by any person or persons unless and untii suchresidence, including the exterior thereof, is substantially finished and a final occupancypermit has been issued by the District of Sechelt.

REGISTERED LMBM255838 C8Q778 1998-12-04-10.37.21.266118

4.00 GENERAL

4.01 No fencing shall be erected in the front yard of any lot. Fencing is permittedalong the sides of a lot starting at a point no closer than one meter from the front ofthe building and is permitted to extend to and across the rear of the property. Nofencing shall be made of wire, chain link or metal {except along the rear of Lot 16).

4.02 The purchaser shall proceed diligently and continuously from thecommencement of construction until the buildings and structures as approved by th_gDeveloper are fully completed including painting and/or staining. All structures shallbe completed as to external appearance including painting, staining and brick and stonefacings within 6 months of the commencement of construction, as indicated by thedate on the District of Sechelt building permit.

4.03 No building material, crates, packing cases, contractors' shed, equipment orother unsightly objects or material shall be placed on any street or adjoining lot, norleft on the premises except during such time as construction work is actually inprogress, and in any event no longer than six months from the date of commencementof construction.

4.04 All garbage awaiting disposal shall be contained in covered metal or rigid plasticcontainers which shall be located where they are not visible from adjoining lots excepton collection day.

4.05 No outdoor clothesline or clothes drying devices will be allowed.

4.06 No television antenna or satellite dish larger than twenty-four (24") inches indiameter or aerial of any type shall be allowed. Electric meters, roof vents, andsatellite dishes under 24" in diameter shall be as inconspicuous as possible.

4.07 During the hours from dusk to dawn no commercial vehicle, tractor, trailer orvan or any vehicle whose gross vehicle weight exceeds 4500kg shall be parked orpermitted to be parked on any lot or any street adjoining the lot except as are requiredin an emergency or during the construction of an improvement as may reasonably berequired.

4.08 No trailer, mobile home, camper, tent trailer, recreational vehicle or boat shallbe brought upon or parked on any lot or on any street adjoining any lot during thehours of dawn to dusk. AH such items shall be parked or stored within the residenceor the garage.

4.09 No owner or occupier of any lot shall cause, commit, suffer, authorize or permitany nuisance to originate or emanate from a lot.


Page 6

5.00 THE APPROVAL PROCESS

5.01 Prior to the commencement of any works on any lot the Owner/Purchaser shallsubmit to the Developer, for its written approval, the plans and construction drawingsfor the proposed residence. The plans and specifications shall include:

(1) three sets of residence floor plans and construction drawings includinggarage and outbuildings size and height,

(2) exterior design, finish and colour schemes,

(3) a site plot plan showing elevations, grades and drainage,

(4) landscape plans detailing fencing, hedging, retaining walls and groundcovers,

(5) such other plans and specifications requested by the developer.

5.02 The plans and specifications herein shall be submitted with the completedapplication form to the Developer in duplicate to: Kevin Ryan, Coast ArchitecturalGroup, P.O. Box 1127, Gibsons, B.C., VON 1VO (phone: 604-886-2281) (fax: 604-836-0032). A dated receipt will be issued within two weeks. All sets of plans shallbe signed by the applicant when submitted to the Developer.

5.03 Plans will be processed within a fourteen-day period from their receipt. Whenapproval is given, two copies shall be signed by the Developer as approved andretur-ned to the applicant for use in obtaining a building permit. The third copy will beretained by the Developer and shall constitute the original and only permissible plan.

5.04 In order to avoid delays and possible revision, applicants are strongly advisedto:

0) read thoroughly and fuily understand the Building Scheme and Scheduleof Restrictions.

(2) consult with the District of Sechelt Building Inspector.

(3) consult with the Developer or its appointed agent prior to purchasing ftnalhouse plans, it is important that the subdivision as a whole is enhancedby each residence and compatibility with adjacent homes will be a majorcriteria for approval by the Developer.

END OF DOCUMENT

SCHEDULE "F"

PART FIVE - RESIDENTIAL ZONES

501. R-l - RESIDENTIAL 1 ZONE

502. PERMITTED USES

Except as otherwise provided in Part 3, Section 303 of this bylaw, the following and noother uses are permitted in the area designated as R-l :

a) single family dwelling:

b) with a lot area exceeding two thousand (2.000) square metres, one ( 1 ) guest cottage;

c) with a lot area exceeding four thousand (4,000) square metres, two (2) single familydwellings;

d) home occupation:

e) transition residential

f) accessory buildings, subject to the regulations in Part 3, Section 305 of this Bylaw.

503. LOT AREA AND WIDTH

a) For lots serviced by Community Sewer System, the minimum lot area required isfive hundred (500 m2) square metres and themetres.

b) Smaller lots on record at the time of passlmfof the bylaw may be occupied by asingle family dwelling.

c) The minimum lot area for lots not serviced with Community Sewer System is ninehundred (900 m2) square metres, and the minimum width is eighteen 118) metres.

504. LOT COVERAGE ^^ &' *5o* ^ \\*

Buildings shall not cover more than 35 percent (35%) of the lot area.

505. SITING OF BUILDINGS AND STRUCTURES

1. No building or structure except a fence shall be located \vithin:

a) five (5.0) metres of a from lot line:

DISTRICT OF SECJHELT-ZONING BYL4tr NO. 25.1987 31CONSOLIDATION November 1996

b) five (5.0) metres of a rear lot line;

c) three (3.0) metres of one side lot line, and one point five (1.5) metres of theother side lot line, where there is no developed rear lane: where there is arear lane, no building or part thereof shall be located within one point five(1.5) metres of any side lot line;

d) three (3.0) metres \vhere the side lot line abuts a street.

2. Accessory buildings shall not be located within one (1.0) metre of any lot line.

506. HEIGHT OF BUILDING

•' •""a) No building shall exceed ten point five (10.5) metres in height. < *^t^V f~5

\*a^

b) No accessory building shall exceed six (6.0) metres in height.

507. WIDTH OF BUILDING 4^ \

No building containing a dwelling unit shall have a width less than six (6,0) metres, ofwhich at least seven point three (7.3) metres (twenty-four (24.0) feet) or forty (40%) percentof the building length (whichever is greater) is enclosed climate controlled habitable livingarea.

508. OFF-STREET PARKING

Off-street parking shall be provided and maintained in accordance with Part Eleven of thisBylaw.

DISTRICTOFSECHELT-ZONING BVLAW NO. 2S. 1987 32CONSOLIDATION November 1996

BL'2 0 1 1 - 3 2Title Act qT JUHC

^Section 219.81)Province ofBritish Columbia

GENERAL INSTRUMENT - PART 1 (This area for Land T i t l e Office use)

r:

Page 1 of 5 pages

1. APPLICATION: (Name, address, phone number and signature applicant, applicant's solicitor or agent)LAW OFFICE OF WELSH AND GRAYBox 130, Sechelt, BC VON SAOTel. No. (604) 885-3291

k.ANDRENA GRAY, Applicant's Solicitor"

2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(s) JOF LAND:*(PID) (Legal Description)011-738-774 Lot 23 except part in Reference Plan 19095 DL 1509

Plan 3658011-742-844 Those portions of closed road shown outlined in

heavy black on reference plan 19095 District Lot1509 Plan 3658

3~. NATURE OF INTEREST:* Document ReferenceDescription (page and paragraph)

S.219 Covenant Entire InstrumentPerson Entitled to Interest

Transferee

4. TERMS: Part 2 of this instrument consists of (select one only)*(a) Filed Standard Charge Terms [ 3 D.F. NO.(b) Express Charge Terms [X] Annexed as part 2(c) Release [ ] There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in item 7 or in a schedule annexed to this

instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the landdescribed in Item 2.

TRANSFEROR (s) : *386921 B.C. LTD. (Inc. No. 386921} .

6. TRANSFEREE ( S ) : (including occupation(s), postal address (es) and postal code(s))*DISTRICT OF SECHBLT.P.O. Box 129, 5797 'Cowrie Street, Sechelt, British Columbia VON SAO

T. ADDITIONAL OR MODIFIED TERMS:* N/A

8. EXECUTION (s) :** This instrument creates, assigns, modifies, enlarges, discharges or governs the priority ofthe interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, andacknowledge(s) receipt of a true copy of the filed standard charge terms, if any.

Execution Date

Y

97

M

5

D

U

Party(ies) Signature(s)386921 B.C. LTD.by its authorized signatory

WILLIAM TURNER

OFFICER CERTIFICATION:

tour signature constitutes a representation that you are a solicitor, notary public orôther person authorized by the

Evidence Act R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part5 of lhe Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

•* II space insufficient, continue executions on additional page(s) in Form 0.

SCHEDULE "H"

STRATA CORPORATION EXPENSES FOR 1997 - 1998ESTIMATED OPERATING BUDGET

(Annual)

Insurance

Road Maintenance

TOTAL S 6,000.00

Per Unit $ 25.00 per month


CONSENT AND PRIORITY AGREEMENT OF CHARGEHOLDER:

ROYAL BANK OF CANADA, the holder of the following registered charge, consentsto the registration of the aforementioned Declaration of Building Scheme and agreesthat it shall have priority over our respective charges.

Type of Charge Registration Numberof Charae

Signature of Holderof Charges

Mortgage BL103590 See Below

Dated at .&£.. British Columbia, this /Q-^dav of ^^fÂer. 1 998

835-9252

(as to both signatures)

Execution Date(Y/M/D)

Partv(ies) Signature(s)BANK OF CANADA, bylorized signatories:

±*~r-*% A )(y-J-%-^Name:

OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary publicor other person authorized by the Evidence Act, R.S.B.C. 1996, c.124, to take affidavits for use in BritishColumbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution ofthis instrument.

P. 001

MCDONALD & COMPANYBARRISTERS & SOLICITORS

MARK A. MCDONALD725 CARNARVON STREETNEW WESTMINSTER, BCV3M1E6(604) 521-SSSSFAX 521-3611

DATE:

FAX NO.:

TO:

ATTENTION:

FROM:

FILE:

FACSIMILE TRANSMISSION COVER

->April 15, 1999

->(604) 885-4323

•>Re/Max Ocean View

->Elaine Kupka

->Mark A. McDonald

->386921 B.C. Ltd. - Poise Island Estates

MESSAGE: RE: ~>I enclose a copy of the Declaration of Building Scheme asrequested. I have ordered a complete copy of the Amended Disclosure Statement from theFinancial Institutions Commission.#*************************************#***%#*************^This fax is confidential and may be protected by solicitor client privilege. It is intended only for the use of theperson to whom it is addressed. Any distribution, copying or other use by anyone else is stricdy prohibited. If youhave received this fax in error, please telephone us and destroy the fax.

This is page 1 of 11.

^(BhU) 14:41 MGUUNALDfcCU. TEL: 5213611 P. 002

18 SE? 12 038 * 2 5 5 8 3 8

•OFFICEFORM 35

(Section 220(1))

DECLARATION OF A BUILDING SCHEME

Nature of Interest: Charge:Herewith fees of: $55,00

BUILDING SCHEME

Address of person entitled to apply to register this building scheme:386921 B.C. LTD. (Inc. No. 386921), P.O. Box 61, Sechelt, B.C., VON 3AO

Full name, address and telephone number of person presenting application:MARK ArH McDONALD, Bamsfir and Solicitor, 725 Carnarvon Street. New

E6. (604) 521-8885.

Signature of Authorized Agent

386921 B.C. LTD. (Inc. No. 386921), declares:

1 . IT is the registered owner in fee-simple of the following land (hereinafter calledthe "Lots"):

No PIDsSTRATA LOTS 1, 2. 3, 4, 5, 6. 7, 8. 9, 10. 1 1, 12, 13,14, 15, 16, 17. 18, 19, 20, all of DISTRICT LOT 1509GROUP 1 NWD STRATA PLAN LMS

2.

3.

It hereby creates a building scheme relating to the Lots.

A sale of any of the Lots is subject to the restrictions enumerated in theSchedule attached or annexed hereto.

4. The restrictions shall be for the benefit of all the Lots,

ignatyfejs) Execution Date(Y/M/D)

Party(ies) Signature(s)386921 B.C. LTD., by itsauthorized signatory:

nMARK A, MCDONALD

BWWSTER 4 SOLICITOROFFICER CERTIFICATION: Your signature constitutes a representation that youor other person authorized by the Evidence Act, R.S.B.C. 1996. e.124,Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution ofthis instrument.

M\L:Li 14:41 MCUUNALIMU. TEL: 5213611 P. 003

CONSENT AND PRIORITY AGREEMENT OF CHARGEHOLDER:

ROYAL BANK OF CANADA, the holder of the following registered charge, consentsto the registration of the aforementioned Declaration of Building Scheme and agreesthat it shall have priority over our respective charges.

Type of Charge Registration Numberof Charge

Signature of Holderof Charoes

Mortgage BL103590 See Below

Dated at . British Columbia, this of . 1 998.

Officer ,gignatur/(s} Execution Date(Y/M/D)

CARMEN SOMB30WSK1BARRISTER & SOLICITOR577B COWRIE SI. BOX 353SECHE1T. B.C. VON3AO

835-9252

(as to both signatures)

Party(ies) Signature(s)ROYAL BANK OF CANADA, byits\authorized signatories:

Name:

OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary publicor other person authorized by the Evidence Act, R.S.B.C. 1996. c.124, to take affidavits for use In BritishColumbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution ofthis instrument.

/U'K. -ii ^ ( N h U ) H : 4 / MUUUNALIMU, T E L : 521361. P. 004

CONSENT AND PRIORITY AGREEMENT OF CHARGEHQLDER:

CLARION PROPERTY CORPORATION, the holder of The following registered charge,consents to the registration of the aforementioned Declaration of Building Scheme andagrees that it shall have priority over our respective charges.

Type of Charge Registration Numberof Charae

Signature of Holderof Charges

MortgageAssignment of Rents

BL248825BL248826

See BelowSee Below

Dated at /V *- \/J(fje>±\<-^h. British Columbia, this 7 day of 1998.

Officer Signature(s) Execution Date(Y/M/D)

MARK A. MCDONALDBARRISTER ft SOUCITOR

725 Carnarvon StreetNsw Westminster, B.C. V3M 1E6

(as to both signatures}

Party(ies) Signature(s)CLARIOJsLBRQHERTYCORPORATION, by^ts

Name:

Name:

OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary publicor other person authorized by the Evidence Act, R.S.B.C. 1996. c.124. to take affidavits for use in BritishColumbia and certifies the matters set out in Parr 5 of the Land Title Act as they pertain to the execution ofthis instrument.

rtl K. *. * Jj\\\nuf 11 • •«. 1'lwuumiLiUixuU.r. uuo

CQNMNT AND PRIORITY AQftltMUNT Ql*

WILLIAM BABCOCK, the holder of the following registered charge, consents to theregistration of the aforementioned Declaration of Building Scheme and agrees that itshall have priority over our respective charges.

Type of Charge

MortgageAssignment of Rents

Registration Number

BL248825BL24SS26

Signature of HoldernfSee BelowSee Below

Dated at w>f\ British Columbia, this 9 day of , 1 998.

Officer Sianatyce(s) , Execution Date-^ •' 7 - ' (

Party(ies) Signature(s)

page 3Terms of Instrument - PART 2

S.219 COVENANT

THIS COVENANT IS MADE THE 26th DAY OF May, 1997

BETWEEN:386921 B.C. LTD. (Inc. No. 386921}P.O. Box 61Sechelt, BC, VON 3AO

(hereinafter called the "Covenantor")

AND:DISTRICT OF SECHELTP.O. Box 1295797 Cowrie StreetSechelt, B.C., VON 3AO

(hereinafter called the "District")

WHEREAS:

A. The Covenantor is the owner in fee-simple of those certainparcels or tracts of land and premises, situate, lying and beingin the District of Sechelt, Province of British Columbia, andmore particularly known and described as:

Parcel Identifier No.: Qll-738-774Lot 23 District Lot 1509 Plan 3658 except part inReference Plan 19095

Parcel Identifier No: 011-742-844Those portions of closed road shown outlined in heavyblack on reference plan 19095 District Lot 1509 Plan3658

(the "Lands")

B. The Covenantor desires to subdivide and develop the Lands,including construction of services including roads, sewers, stormsewers, water lines and electrical and other services and seeksapprovals from the District with regard to same.

C. The District will not allow the Covenantor to subdivide theLands except in accordance with this covenant.

D. The District requires that the Covenantor indemnify theDistrict and its engineering consultants with respect to theconstruction of the proposed strata road and its related serviceson the Lands.

E. A Covenant under Section 219 of the Land Title Act is

page 4

required by the District before the District will grant itsapproval of the subdivision and development of the Lands;

F. Section 219 of the Land Title Act provides, inter alia thatthere may be registered as a charge against the title to Lands acovenant, whether of negative or positive nature, in respect ofthe use of the Lands or the use of a building on or to be erectedon Lands, in favour of a Municipality or the Crown;

NOW THEREFORE in consideration of the premises, of the sumof TEN ($10.00) DOLLARS now paid by the District, the receipt andsufficiency of which is hereby acknowledged, the Covenantorcovenants and agrees as follows:

1. The Covenantor covenants with the District that it will notsubdivide the Lands except in accordance with this covenant.

2. The Covenantor covenants with the District that it willschedule construction of the roadbed for the approved proposedstrata road concurrently and in conjunction with the constructionand completion of a storm sewer, sanitary sewer, water line,hydro line, gas line and telephone line, and covenants toconstruct and complete both the roadbed and the services in agood and workmanlike manner.

3. The Covenantor hereby releases, indemnifies and saves theDistrict harmless from and against any and all actions, causes ofaction, losses, damages, costs, claims, debts and demandswhatsoever by any person, arising at any time out of or in anyway due to development of any improvements on the Lands includingconstruction of any roadways, storm sewers, sanitary sewers,water lines, hydro lines, gas lines, telephone lines, buildingsor structures on the Lands, including any non-compliance with theBuilding Code, or other applicable standards, or in any wayarising out of or due to the granting or enforcement of theCovenant, or due to any development or improvement on the Landsespecially arising out of the. development or improvementtrespassing on, injuring, or affecting property adjacent to theLands.

4. The Covenantor agrees to assume the defence of and indemnifyand save harmless the District from claims:

(a) resulting from the development of the Lands;

(b) resulting from any of the Covenantor's operations;

(c) caused by reason of the existence, location or condition ofthe development of the Lands;

(d) caused by reason of any material, plant or labour used inthe development of the Lands;

page 5

(e) arising from an act of commission or omission on the part ofthe Covenantor.

5. Nothing in the Covenant affects the District's rights andpowers in the exercise of its statutory functions under itsstatutes, bylaws, resolutions, orders and regulations, all ofwhich may be fully exercised in relation to the Lands as if thisCovenant has not been granted.

6. Whenever the singular or masculine are used throughout thisInstrument, the same shall be construed as meaning the plural orthe feminine or body corporate or politic, where the context orthe parties hereto so require; this Covenant runs with the Lands;every reference to each party hereto shall be deemed to includethe officers, employees, elected officials, agents, including butnot limited to its engineering consultants, AssociatedEngineering (B.C.) Ltd., servants, successors and assigns of thatparty; this Covenant and each and every provision hereof shallenure to the benefit of and be binding upon the parties heretoand their respective successors and assigns, as the case may be,NOTWITHSTANDING any rule of law or equity to the contrary; and ifany section, subsection, clause or phrase of this Covenant is forany reason held to be invalid by the decision of a Court ofcompetent jurisdiction the invalid portion shall be severed andthe decision that it is invalid shall not affect the validity ofthe remainder.

IN WITNESS WHEREOF the parties hereto acknowledge that thesignatures of the Transferor and Transferee on Form C and Form Dattached hereto constitute execution by the parties as theCovenantor and the District, respectively, and that thisinstrument has thereby been duly executed and delivered.

END OF DOCUMENT

SCHEDULE "D"

District of Seclielt"Heart of the Sunshine Coast"

July 2,1996 MOA File No. 332020-9511

Coast Architectural GroupAttention: Kevin Ryan

'P.O. Box 1127Gibsons, B.C.VON SAO

Re! TENTATIVE APPROVAL; Subdivision Application #9511Lot 23. District Lot 1509. Plan 3658 except Part in Reference. Plan 19095.

Dear Mr. Ryan:

The above subdivision, as illustrated on Schedule "A" (drawing number AO (page I and 2 anddated August 10,1995) attached, is hereby granted tentative approval. This approval is basedon information provided and is subject to any additional relevant information which mayarise. This approval is specifically subject to the following conditions:

Êngineering and Planning?

The applicable requirements of District of Sechelt "Subdivision and Development Control BylawNo. 30,1988'*. Please contact the Director of Engineering for details and requirements leading tothe execution of a Servicing Agreement prior to final plans approval. The Engineering andPlanning Departments have provided the following preliminary comments:

Please be advised that sewer capacity is allocated upon issuance of Building Permits.Therefore, issuance of this tentative letter of approval, or final approval of subdivision inno way ensures a sewer connection for any new lot created.

The Engineering Department will not recommend Council's approval of a Servicing Agreementunless road and utility construction is complete on the property and the adjacent property ownerhas accepted any encroachments which may have occurred, or; a temporary agreement isexecuted by the adjacent property owner for the purposes of access during construction.

Regarding our initial review of the preliminary design drawings and typical road cross section wehave the following comments:

P Q, Box 129, 5545 Inlet Avenue. Sechelt B.C. VON 3AO Phone: (604) 885-1986 Fax: (604) 885-7591' l:\plamiing\sub_div\9S 1 1 -004 .doc

• Section 35 of the Wildlife Act provides for protection of birds and their eggs and their nests• ..-:•;• during annual nesting activities. Wherever possible, land clearing should not be undertaken

' during the period of April 1 through July 20 to avoid possible contravention of the Act.

It is the responsibility of the proponent to ensure that future site development complies with thepublication "Land Development Guidelines, for the Protection of Aquatic Habitat" and allrelevant environmental legislation.

It is understood that by proceeding with the subject works the proponent is indicating that heunderstands and agrees to the foregoing conditions.

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Submission of any required easements, right-of-ways, and covenants for the approval of Counciland execution by the Mayor and Administrator. .

Should any new roads be designated, please submit names to the Planning Department forapproval. New road names must be indicated on the final survey plans.

The location of a community mail box facility as required by Canada Post Please contact BillPike at Canada Post (662-1381).

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Park land dedication, in accordance with Section 992 of the Â\m\dpsA Act, or payment' to theDistrict of Sechelt in lieu of park land dedication hi an amount equal to five percent of the marketValues of the land hi the proposed subdivision as specified hi Section 992 (Please note thatCouncil will only accept those values of cash-in-lieu of park dedication where the calculation ofValue is based on the parcel of land as zoned for its end use, potential for subdivision, andunserviced). The applicant is required to pay for two appraisals for Council to consider. Oneshall be hired by the applicant while the other shall be hired by the District.)

gunshine Coast Regional District;

Payment of all Sunshine Coast Regional District Development Cost Charges:

* Water 20 lots @ $717.00 per lot "$14340.00

These charges are to be paid in full by certified cheque prior to issuance of final subdivisionapproval pursuant to Section 983(4) of the Municipal Act.

In order to provide water supply in this area offisite upgrading is required including theconstruction of 220 m of 200 mm watermain along Fairway Avenue from the existing 200 mmwatermain on Shoal Way. Also the existing 100 mm watermain along Harbour Way requiresupgrading to a 200 mm watermain and a further extension of same is necessary to service thesubject property.

Execution of a statutory right of way for public access (pedestrian and vehicular) over theproposed access route located south of the 10 m half road and serving the southern portion of thesubdivision.

Payment of all District of Sechelt Development Cost Charges (latecomers agreements) (pleasenote that new D.C.C. 's may be applicable upon Final Approval):

Sewer TreatmentSewer CollectionSewer Collection LatecomerStorm SewerRoads

20 @ $813.00n/a20 @ $2211.0020 @ $652.0020 @ $2320.00

increases to $4065.00per lot on February 7th, 1997)« Parks n/a

$16260.00

$44220.00$13040.00$46400.00 (N.B. road DCC

Please note that any cheques made payable to the District of Sechelt must be certified. AnyLetters of Credit must be in the specified format.

Adherence to the requirements of the Sechelt Fire Department with regards to access (modifyturning radii, etc.) and the location of fire hydrants as shown on Schedule A.

Adherence to the guidelines and requirements of the Ministry of Environment, Fish and WildlifeBranch, specifically:

• The registration of a Section 215 restrictive covenant (15 m setback from natural boundary)as outlined in the letter dated January 15th, 1996 from Mr. R.J. Henry, P. Eng, WaterManagement, M.O.E.

• Construction and excavation wastes, overburden, soil, or other substances deleterious toaquatic life must be disposed of or placed is such a manner so as to prevent their entry intoany Watercourse, ravine, floodplain, or storm sewer system.

• All work is to be undertaken and completed in such a.manner as to prevent the release ofsediment-laden water into any ditch, watercourse, or storm sewer. In this regard, a sedimentcontrol plan must be developed and implemented prior to site preparation and construction.A copy of the sediment abatement plan must be included in the engineering drawings for thestorm design. These facilities must be maintained until the building phase of the site isninety percent complete. Moreover, it is the responsibility of the owner and/or his agent toensure that these facilities are maintained and always working adequately to control alldischarges from the site.

• Retention and/or detention facilities must be incorporated into the storm water disposalsystem. The storm water management plan must meet or exceed the criteria outlined in the"Land Development Guidelines for the Protection of Aquatic Habitats"

* The maximum centreline offset should be 1.2 metres instead of the 2.0 metres proposed. Thisis a variance" to the Bylaw #30 requirement of 0.5 metres as outlined on standard drawing R-7but is consistent with standard drawing R-0.

* The curb and gutter at centreline is not required in favor of a 1 metre shoulder.• The underground BC Hydro and BC Tel should be located in the boulevard at a 1.5 to 2

metre offset. We will require letters from those authorities stating their approval of theservicing prior to our approval of construction drawings.

• There should be design considerations for the future second half road construction to meetexisting slopes on the adjacent property at reasonable grades to allow access.

The location of the sanitary sewer and pumping station(s) has to be determined through furtherreview during the drawing approval process. We have concerns for future maintenance access atthe present proposed location.

The catchment areas for storm and sanitary sewers need to be identified.

The toad design must beln accordance with Bylaw #30 standards. The preliminary design is not

The location of the watermain should be confirmed by the Sunshine Coast Regional District. Wewill require a letter from their office stating that they approve of the watermain and servicedesign prior to our approval of construction drawings.

Additional information will be required to determine a suitable alignment of the future extensionof the roadway to the south and an intersection for the roadway which will serve the southernportion of the subdivision and the park.

The property is currently only accessible by Harbor Way which is an undeveloped right of way.This roadway should be improved from the intersection of Gale Ave. to at least the new roadintersection prior to subdivision approval with the following considerations:

* minimum full width rural local road standard« underground BC Hydro and BC Tel distribution and servicing (Gale Ave. currently has these

underground systems) —« drainage improvements on the roadway and downstream as required.

A servicing agreement is required prior to the commencement of any works on the Harbor Wayright of way. The applicant has provided a written waiver to a latecomers agreement forimprovements to Harbour Way.

A Geotechnical report complete with recommendations for issues such as road and utilityconstruction design, utility locations, building setbacks, slope stability and storm watermanagement is required.

Please note that this office will require a letter from the Sunshine Coast Regional District stalingthat all Development Cost Charges have been paid and that they have accepted any watersystems that has been installed..

Registration!

Provision of a tax certificate from the Municipal Finance Department showing that all taxes have. been paid for the current tax year.

Completion of the necessary legal survey by a registered B.C. Land Surveyor. Our requirementsare three white paper prints.

This tentative approval is valid for 18 months only, that is, until January 3rd, 1998. FinalApproval is accomplished by your fulfillment of the outlined conditions, payment of all fees andcharges, and presentation for signature by the Approving Officer of the legal plan of subdivisionfor registration. Any action that is requested in this matter following this expiry date will requirethe submission of a new application, including all applicable fees. A six month extension maybe granted if certain criteria is met by the applicant

If your require further clarification of any of the conditions please contact the originatingagencies or the Planning Department.

Yours truly,*

THE DISTRICT OF SECHELT

Karen Mellor, Director of Planningand Approving Officer

cc: Mr. Dave CrosbySunshine Coast Regional District 0,0. cV

Mr. Keit Tang .Director of Engineering $fC^^S -

Mr. John WrightChief Building inspector

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Coast Archjtcctural GroupBoxi!27Gibson, B.C.VON

Attention: Mr.

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Sir. ' '

Proposed Poise Island Drive

Ift compliance with your inquest, this report is presented by Tena EngineeringUd. to provide gectechnical Tecnmmeadationi for the design and constnjction ofthe above referenced roadway. In addition, & pavement design is also includedin this report fonhe proposed peviag of the existing Harbour Way.

The tenns of refeieoce of ibis assignment weie included in Terra's Proposal No.97Z,188 dated. March 14, 1997, . ^

Ra.9«sd on the roadway and utility design drawinja prppared by Pacific GroupConsultants Ltd, (fob. No. 878006, 9 drawings total), the proposed Poise IslandDrive is understood u> be a dm wide privately owned strata road serving a totalof 20 lots. Total length of the .road is approximately 350m and the new roadalignment follows an existing abandoned fogging road.

Construction of the road would involve both cut and fill, generally in the orderOf 1 .to 2m. The cut would typically be within overburden soils above shallowbedrock and fill would generally comprise shotrock materials. An existing 2mhigh stacked logs .supporting a short sepiiuu of the logging road is to be replaced

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With ShQtrock fill. A short .section of cut in rode of up to about 3.5tn i«anticipated at the start of the new road near its intersection with Harbour Way.

The portion of the existing Harbour Way to be paved has a total length of about120m. n starts ftnm the existing edge of Harbour way pavement at about 10mto the east of its intersection with Gale Avenue south and ends at about IQm tothe east of the intersection of the proposed Poiw Island Drive, The final roadgrade will be close to the existing grade.

RECONNAISSANCE '

A site visit was mfcde by Ten* on March 20, 1997 to establish the general soiland rock condition along the proposed Pofee Island Drive and to identify thesuitability of the subgrade along the proposed Harbour Way paving/

The alignment of the proposed Poise Island Drive follows an abandoned toggingmad. At the start of the logging road at its intersection with Harbour Way, theroad gradient was relatively steep (approximate 15 to 20 percent) for about 20mbefore it flattened out. There w&s a near vertical rock cut of up to about 5m tothe north and below this acoion of (he steep road. Total length of the rock cutwas about 20m. Most of the took surtnca was covered with vegetation. Theexposed rock face reveled a moderately to slightly weathered graaite with amMum strong to strong strength and a moderately dose to widely spaceddieKiontinuity. The aperture and roughness of die di*eo«ttinw!tf#f may b* classifiedat gapped and rough, respectively, The fillings were generally minor and damp.The approximate orientation of the exposed discontinuities has beea

At approximately 40m from the start of the logging road, the north portion of theroad was retained by stacked logs. Height of the retaining logs was up to about2m,

The flat section of the logging mad spanned for about 200*n and the road gradientthen dropped at approximately IS percent for about 100m before it flattened uuuThe proposed Poise Island Drive under the current study ends at around thisflattened area, Along this sloping road section, there was a cut on the upalopeside of the road. The cut was generally steep at about 60° .to nearly vertical andwas up to 2m in height. The soil as exposed en the out face indicated a compactto dense siity sand with trace to some gravel^ Erosions were noted on the cutslope surface, especially at those overstoepened areas. Running surface waterwaa observed along the bottom of the oat slope,

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March 26,1997File NO,: 97MU91

The Jogging road surface was generally covered .with sand and gravelOccasional water pondings were observed on the road.

Ateafi to the south of the logging road w&e generally undulating and treecovered, Areas to the north of the logging road were relatively steep and.thegradients dropped rapidly towards Porpoise gay.

The section of the existing Harbour Way to be paved ii currently covered withsand and gravel with the shoulders covered with graas. An existing ditch withrunning <wdter runs along the south end of the road shoulder. A few shallowholes were excavated by hand along the proposed paving section of Harfjour Way,The subgrade soils on the existing roadway, indicated- a compact to dense silly&od with some gravel, The soils on the existing road shoulder revealedapproximately iOGrantto 150mm of organic topsoU overlying similar subgradesois as along the roadway. <••

4.0 ra|gCQNTlNTTnTY MBA^tTftgfrfEMt jjp IflMBMATIC ANALYSIS

The orientation of the exposed discontinuities on the existing rook cut below thelogging road near the intersection of Harbour Way has been measured. Based ontfce collected data and an estimated rock joint tnctional resistance, a kinematicanalysis stereonet plotting has been conducted on thei proposed *oek cut to thesouth and above the proposed Poise Island Drive, The results indicated that thejoint patterns as measured on the exposed rook face would .hot impose my rockinstability on the $nal rock cut slope.

It should be noted that the above analysis was based on the assumption that thelock joint orientation and factional behaviour of the final rock cut slope aresimilar to that on the exposed tock surface. As such, the final rock cut shouldbe reviewed by Terr* and the joint pattern confirmed.

5,0

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S AND RECOMNDATTQNS

Most of file required rock cut is anticipated to be near the sxaxt of thePoiise Island Dnve, which would require a horizontal cutting of about 4m into thelogging road and up to 3.5m of vertical cut to the south of the itew road, Aportion of the existing logging road would remain at the top of the rock cut.

The rock could be cut to nearly vertical and based Ofi the result of the kinematicanalysis, niajor rwk fall is considered unlikely. However, it is anticipated thatminor localized rock Mis may still occur; As such, a ditch with a minimumwidtn of Am should 'be provided at the bottom of the rock cut. This ditch would

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March 26, 1997Filers 971-0191

serve as both a drainage ditch as well as a rock fall ditch. If necessary, a atee!mesh may be placed over the rook cut to keep the rock ddwls within the ditcharea, . '

5,2 Soil

new road is to be cut into the existing Mil slops or th* new road gradeis to be lowered, the cut slope in the overburden soil should have a gradient nosteeper than 1H: IV with the surface covered with shotrock for crosioa protection,From the roadway design drawings, the cut is generally shaUow and is in theorder, of about 1m to2na, . .

Slopes ffld Mat&mi

Any organics and Water softened subgrade should be stripped ftom ar«aitoiderthe new pAvwnent and sidewalk prtpr to th« fill placement. The existing stackeUlog j retttinbg a section of the logging road should be removed. Any loose fillsbehind the logs should 4lao be removed. Backfill materlala to bring the road tothe fiub^fade level may comprise the on-site sfootzock compacted to a minimumof 95% Modified Proctor maximum dry density. Tho fill -slopes should be no

It should be noted that both the cut and fill slop* gradients aa recommended Inthla report are intended to provide only the local slope stability for the *osddesign. Th# overall slope stability ' as well ft* the proposed residentialdevelopment below the road is hot within the sco£e of this report

The subgrade preparation would include stripping of organics and any watersoftened materials under tjie proposed new pavement. These materials areconsidered no; suitable for reuse. The iuorgamc wily sand and gravel excavated&om ttflderaftsuh the new pavement to the bottom of the subbase level may bereused aa subtjase materials. The exposed subgrade should be, reviewed by Terraprior to the subbase and base placement. Any soft areas should b« overex<*vatedand replaced with compacted subbase materials,

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Clant. eommUAlbatfoMi hotwrnm u« and thn CHant. «r*i to any ethar »«port».for tha €liant-ra<|rfev» to tha pacific aha dttsrtbad hatain, all e>i wNett cdwHtuta tin I

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UMOERSTANO THIJ SUQQE^TlOtlS, RiOOMMeNOAHONt AND OPiNIONS EXMlflSBD HEREIN,81 MAO* TO THE WH016 OP THE RiP^ftY. Wt CANNOT BE HE«PONSIBUE FOR USS, BY ANY PARTY,

TO f H8 WHOU REPORT.

piaparad for thai spagftfa «to. dovalopmant,vrt mt»W|liy el any of if>« flmflnfls,

u« bye»lri»i>« txprtmadi In tlM

. «' v*n«ti«in ffwn, aw of *« taW itaiaftMStoft*wo Rr*t|»*tfrle«Uy Mâsted by th« C!I«M to raviaw and ravtio tha Report in Rfiht Of *ueh "ftiratJon or

Th* ir>f<»rm»tlon :nd ocinian? «xprs<aasl In tha Report, or any dawmwt formina part «1 «v» ftapart, ara (or tha sole bantfit oftha cjiaw, NO o men PAHTY MAY Uftl Oft RRlY yK>NTHe REPOIIT OH ANY PORTION THCBIOP VWTHOUT OUR WRITTSNCOMSBNT. Wf VIU CQNdBNf TO ANY REASONABLE REQUBST BY TH5 CUINT TO A^ROVE THE UCE OP THI« AlPOflT

»AR7|I5 AS 'APPROVED USE«e*, Tha oontanta of t>M (Upon; r»m*)n o«r oopyriQht proparty and w* «utrt«rixa orfyrovad Uaara to mslta oopta* or Tfta Mport only in auot) quantiti** a« ara raaaoMbly nanaaaaiy foi ttta u*« ofpartaa. TiiaCH«r»t and Approved. Ua«r* may pot jiv*, !«txl, soil Mother wi»«rr>akf tha R»p««. or any pqrfon

O «nV Othai party yvlttveu't our wrlttaA pann)*«lon. Any u»» wMoh « < )rd patty male** of th« Report, iir «Mtyportion e* th* ft«bert «r* the icia r«apon*&!iiy af aueh third partita. Wi occopt M i»*f»nafbJSty for damaga* auffarad by any

Nature lurid Ex»otr>e«4 «f |«|| and Contaminant D««mpticn; CleasiJicalion arid id*fttifinaUan of «oj|», focks, i»r>t«rr»nont materials and engineering oatimatia hava been based on InVMtlgatloni js»ifCfmKl H) •OOOrdWVi*

with t atandarda aat out In Paragraph 1, d««lflc<i!lon and Idtmlf l««tlon of these factor* ara fvdgomvntal in natvramftraKfiMiivo »»mp|ing and tatting pr»a?«m«, impla»n«nt«d with th» appropriate •quit:n)<intbyl«kf>*rlano»<)

rf, may faK to foetito aoma eendillona. AH lr>va*tl««tJQni utilising thu »wrwl««la of Paraij nph 1 will Irtyotva anrtak that aoma ooitdltlona will not (M datBotad aod i

batad «r) «h»< »xlit* betw««n tha. »<itual point*' aamptad. Adturi condHtona may varyimly b»tw**ft tha point! lnvl«^gat*d «nd.all paraona matdn? vf« of guohtJoouinanta or raoorda ahevld ba awara

or. and oooopt, tN« rlaK. 9orna oopdtt)«na ara wbi««t to ohanâ ovar Htm and tr*M« noting uwt of *• H»port ahouldba «w« • of tMa ppadibillty and ur)dtr»t«(X( that tha Ropart onry pftftonu ero condhloni at th» aamplad point* at tha

*afnplin0. Whara *p«ela) ft*r»**m» ««t«», or tho Cllont )MO •pooial oorwkianiiiana or *»<Hr»m»nU, tha QK«nt9M ttwrn *o that oddttion*) or *paelal <nv6«t)(r«ri«n* may b* un<iart«Kan which wouW not otharwiu be

to *«9p« of inv«atJf«don» mada for th<njun»o*o» of tha H«cot*.

Rednnsa er> Pro 4i*d Inffifmt on: Tha avaluatlen and ccrtclvoion* Contained in trt* 8*p«rt h«v« been praparad on th« b«*la ofi In tvk anca at th« dmt of wta r«y)«w» and on tha basis of information pfovWod to u*. Wa hava retiad in seed Mth

upon rapraaintatjona, Morimtion and in»tw«tlen. pravidarf by th» Cllartt and Othar* oon«»r*tln9 tha iiU, Acoardinejy. w« otnaot

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DISTRICT OF SECHELT2nd Floor 5797 Cowrie Street, P.O. Box 129

Sechelt BC VON SAO CANADATel.: 885-1986 Vancouver Direct: 689-1680 FAX: 885-7591

FACSIMILE COVERSHEET

TO:

COMPANY;

FAXS:

# PAGES(includecover)

Don Lacey

to-W(3>16

FROM:

DATE:OUR FILE #:

RE:

Peter Beyser

October 20, 1999

Geotechnical reports as requested.

We are transmitting from a XEROX 7024 facsimile machine. Our Fax number is (604) 885-759S,THE INFORMATION CONTAINKO IN THIS TRANSMISSION IS CONFIDENTIAL AND INTENDED ONLY K)R THE USB OF THE INDIVIDUAL OK. UNT1TYTO WHOM II IS ADDRESSED. IF YOU HAVE RKCWIiU THIS TRANSMISSION IN ERROR, PLEASE NOTIFY OS IMMEDIATELY AND RFfl URNTIIEORIGINAL TO US.

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AUentlon: Mr, Kevin Ry*n, MMBC

LOT 23, P,L, 1909, FLAiN

^, Oulder Avsoclai«t Ltd. (OoldeO has cpmed out aaesosSaiMjt Of *6 03f lh« »feove property ftft«f Swiiri*, B.C.

The purpose of thii CW9«rr>enf. WA« to idsuiUf^ lliuse "tea* QC the site SUbjCCt tog,enter.i«gdi;*l hwmidt MtCi pjfOVJdfl comments and «ngta««Jting rccAmmr,n(i«fi<?ns i«$aidu^;h« lib dftvc46pmoiit uid uso pf tf£ «3rfi H.-S » ttjiildentJsl subdivision, It i? ourntxtantandittgi &*t Oi« ftivwninfiKlcuiOfls fldntalned in tibia ttSJOrt will he UAMl ft* jwl ofthe proceco of e«l9oUoa of baitding *rt.M for lots wiU«ki tiu; iiubdivlcton and may bis usedas ton h»»jy fvr Tvktrictive covtnaaig p)«ce<! on tbese proposed lots.

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Ttt«! wi« i« located on ttu s&on of Seonelt inlet as shown in Fi^nrc. i In gdiMM'Mi, iJ« sltait fihtoftfitcfized by rock slft^R vÛidt due xt about 40 degrees ftonv Swftelt Jnict tohtljpirt yf 20 to 30 moires, above wmc& tiattcr (10 to 20 degree) «ni. klupw +/- shallow

predfitniflAfft At the ce.me y( kittt property is a tow ftfpa containing Aneam. Portions 0} 310 north end of the silr. WATT dcarcd ftt tlw tim« of the sit«

O»MCiV IN AUSTHAUA, CANADA. ttCftMANV, KUNaAflV, [TAIV. SWcCiEN, WHIP KVSWUM. UN)!£!> ETAICO

20'd £TO'ON 9£:ST 66,02 1DD T6SZS88I709: QI 113HD3S JO 13181810

FRQflsKQNICfl FAX .-*-. TQ! 6043857331 RPR 23. 1936 8S47PH P.03~N

04/29/08 17110 ©604 ^98 5283 GQLOKK liUKNAHX

Mr.Kavut Ryjn . % .

2.0

>JS2-!4a9.

tbe result of a visual examination, limited testpiWJB*, and ravicw uftopographies wiping of the $Wdy area prepared m\t by L*uy Penonaejc, B,C, kandSuiv^yof, thrso potential feotodwfciil lizards were identified on the *it« which tvuldhaw. AH ad veil* liupnut on th» 6fiJte dovolopm&Ht of the site. These include fiteep slopehazards, chtua&dlaed flondJnj liazsuOs und ehorollne erosion hazaid.-=. r^xmion? of (hetcitf piis nra $how» In Piguw 2, (tad the test pit tags ait aunt-tied as Appendix ) .

Slope H$zsj £

Tfie steep rock tlofxcs (>40 <fo$TC0*} on the ptopMiy rise froffl up from Secheit J&iet ntf.l<M6tly vertical »nd up IM 3Qzn«tf9fi ht^l». These granite slftjifc? .liAV* 3uw« bouJderfi On

up to eevcfa) owbio mctros in Ai7,c. in Ôdid^n, ihs jointing in (DO rock m«iy be.unfevrttthlo, witb tl.c putondia for toppling end ftUding fflîi^, A JjtfRe portionloose touldwt on the slopo ^^pcw to be m 9 nsult of un^yorahlc jolul

.*, CAÛIV on ibe northern ponioft of the property

At approximately HIK e«i«w of die eiie is ft low flrca owi«ijain/! a »*»oa«lAn amount of orgeftic d&bfis has aaîiuuk{ed to tfie chftnniJ, AB davclopmr.ntplfifjc ujwfnpr. of tkl* pwposed eubdlvisJOrt, it ss flfiticipfc)^ tUni Ae^ will be lfiCf«ase(Jrunoff and pOtcnOal for flooding, A 1 1 pit eKcaVW*d to tbc norli» of thp. dwunetcncounteiwl 4.2 metres of fflrfium yellow (tend, twbich coulaim v/w«J de'oris. ThisJndieauc ttat tharn has b«o» A hittoi y of flooding sntt debris torreati In tW* channat.

2.3

Along aio $b9f£ ftt tha ccnfw vf Ui« pj-opwe/, » sandy 6fiCCh ores h txfoscti below Ibohigh tide line. Aloft" tttd bltfi tide Ilifi, cronii^n *«0 roteor loOiltjed eloujtunfi of anilmflitoi&ls was noted.

3.1) CEOTKt:n»in:Ar. ntiTEBTA FOR

on 5»r inspcctjftn And cflgin^ring assoBsment of t!» property, it it wjisvfered th$lthr«A »"?iiii of th« sltt should have ctovoloptnAni I'cjtiicieU or reqyjre a detailed sitsspucinc geotccjhniCAi wspcctli'm {.viur to building These area BJ* AhAWn i& Fi^wntu 2 and3.

A (ttvttinmed a»a should Milt five 0} n^rn* b»dc ftuw the crtfif of the jtccp tookslopes, exto.n<tjjx« to the thrnr.lfcte «s shown on tin drawing. In thr^h «!(«», ill in our

£ 0 ' d £ I < r o N 9 £ : S T 66 ,02 13Q T6SZS881709: QI 113HD3S JD

FRQMJKONICfl FftX —. TQ= 6048937391 _HPR 23, 1936 6!-48PM P.B4

17!iO TOTOU*

A jfrofeesioiutl E&guti&r. expeiicm^ ,!» gectechnlc*] ftagitfteting shouldIns ntMtiicd to eauy wl » doiaUed, Blto SpîftC impc«lr>'> wf «!«» roCK

in die viciniiy of Any propped tuuvturo to drteflftin* if my sitsIiiMrfliiiiiy euUu, desjtgu u;y ntnvirtxi slope ftwiuacui* *wcH usof loose rock al>ove & .stnn;iitfy or «wlalflj;i walls dwigncd to

iui{>Aei Jtf*dlnai iutU mak** rwv>nmon^«tlons regaining the. pinoing Offoundations to foatat Acinmir loxîu^^. TJiis Professional Kn^lnftor shouldalnti C!H>VH^ field huiMCilwiu 0n4 i«vi«ws during prr.pfuatlou of (tie 6U*and oorsitruotlOD of tbs rcîûw (u vunftam Th*t actual conditions And

Should tn^ place, lv«»v»¥»r, ro*4waya aid scrvjicta coutd br. )i>4»Allc«J wldilti (hitprovide Ow>y flee ad«quat«ly i>rot<v.tr^ fto.n scour and/or emslou.thot rhi$ fitrw will be complMoly COBlftined wlUiiii «n

A

tocall4i<jl *ro»)on and .0«ngUu^ wvrx noted, as shown 911 figure 3. T| is ourundnifinnijins ' ^^ »"a wil1 to ccunjjfcitly câcaiiwa wUUln ttn urea 4e0|cgicd IQparkJaniJ. Midôr &a ama ctrvetftiJ liy wi environmental OWOftont,

Th* r«molQ<tej> of tho property i» w«ow seady sil<?p5nB (ftfsoraUy 4bo« 20 <l«;gnp«s en lews)\yi<U wv-xalonnJ *t«epcr ilopco of omul folkf. Rft»"J« U «t w vlwse c« firoiMul surface.Based oa out i«S(>ectlaa, the f iirnuii«i for nstvinl geovufobnififlJ ftezaidft IA cnn$!ijei%d lov,

Fu xdJldop «» th« fifittda wlfitod ?o devftlnjwôt of individualabovo, the ovtrail suhHivhiuu Ui»v«yiopin8nt should be deslgnott dufth thM Aiai»fit from

JU dln>ee*d into •xtstl»$ drainsj* CDuraea »livw it vvUi not toipadt p^posodon Ihe. sitrs, or it c<mit;a dswn ibe elope in pcoptti? datigneil'd^Kd pipo

Pii;iv»Ue<I that ch* ult« pr»jpWAtlon and dsvnlnpuivscii of the propcny Ifl e«TI«l out ioccordancc wirb (be ejijjltieering recoiwnefl^tlop? presented

iatcnded as a filng?«t fttiiJly reikUiitUal subdivl&ion.

Contii A«fttt«QtUfQl Group April iKJ, i>vt> .Mr. Kevin Rj'an ^3 --ll_^_Jm^.. 932-1^ !

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(M wsldendal devriopDxcuf may t*xt> p)«<.r provided (hat the foUowlng |am cjarried VM( MmSer Oi« direction of aa experienced

A coveaante<1 AIVA *liv«ld cxl« 15 mtttt« 6l*cr aicte of tllA ry!ic-iu««l ^RMMH which j

Itl» property, M shown in Figiim 1. In this M«a, no wsldenZiftl dflvolopmr«t '

170'd £TO'ON Z£:ST 66,02 130 T6SZS881709: QI 113H33S JO

DISTRICT OF SECHELT 10=6048857591 OCT 20'99 15:38 No.013 P.05

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DISTRICT OF SECHELT 10=6048857591 OCT 20'99 15=38 No.013 P.06

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DISTRICT OF SECHELT 10=6048857591 OCT 20 '99 15:38 No.013 P .07

IHjnfty NYld.

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DISTRICT OF SECHELT ID:6048857591 OCT 20'99 15 = 39 No .013 P.08

60'd Wd0S:B 96ST

DISTRICT OF SECHELT 10:6048857591 DCT 20'99 15:39 No.013 P.09

01/S!S/»« 17i 1.1 6*8/1

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Documents

AMENDED DISCLOSURE STATEMENT - Telus Amend Disclosure... · Strata Lots 1 through 20, all of District Lot 1509 Group 1 NWD Strata Plan LMS3461 Phase 2: Lot 24 Except Part in Phase