DWELLING, SITE DEVELOPMENT AND
SERVICE STANDARDS

All initially capitalized words or phrases used herein not otherwise defined in this Appendix shall have the meaning ascribed thereto In the agreement of purchase and sale (the "Sale Agreement") to which this Appendix is attached.

The Purchaser shall comply with all bylaws of the Rural Municipality respecting zoning and use of the lot (s) and with the Development Agreement.

In the event of any conflict or inconsistency between these dwelling, site development and service standards and the terms of the Development Agreement then the more restrictive provision shall apply.

1.0 DWELLING STANDARDS

It is understood and agreed between the Purchaser and Vendor that the following development standards and conditions shall apply to the lots:

1.1 Dwelling Type & Size:

(a) Each single family dwelling constructed within Whidbey Harbour shall have a minimum floor area of not less than the number of square feet as set forth in Table 1 below:

TABLE 1 BUILDING STANDARDS

For the purposes of this paragraph, floor area shall mean the floor area of the dwelling measured from the exterior walls. The floor area of the basement, porch, garage or breezeway shall not be included in the calculation of the dwelling floor area.

b) Before the Vendor provides to the Rural Municipality the letter of approval referred to in subparagraph 14(r) of the Development Agreement:

(i) the Purchaser's house building plans shall have been approved by the Vendor, which approval may be refused in the absolute discretion of the Vendor.,

(ii) the Purchaser shall have performed all of its obligations and paid all moneys owing to the Vendor under the Sale Agreement;

(iii) the Purchaser shall have performed all of its obligations under the Development Agreement.

c) No stucco or plaster Finish will be permitted on the front exterior elevation of any dwelling except with the express written consent of the Developer.

d) The Purchasers of River Lots 1 to 10 inclusive in Block 3 are hereby, notified that "walk out" basements are not recommended in accordance with the requirements of the Development Agreement.

2. SITE DESIGN STANDARDS

The following site design standards shall apply to all residential lots:

2.1 Building Set-Backs

Building set backs shall conform to the standards provided under the Development Agreement and the by-laws and regulations of the Rural Municipality except as modified below under Section 2.2.

2.2 Special Yard Requirements

The Purchasers of River Lots 1 to 10 inclusive in Block 3 are hereby notified that no wall shall be constructed nearer than 30 meters or 98.4 ft. from the top of the bank to provide protection from erosion and bank instability.

2.3 Site Development Standards:

a) Grading of the lot (s) must be done by the Purchaser at the Purchaser's expense in accordance with the site elevations and grading requirements provided by the Rural Municipality before the date of occupancy of the dwelling.

b) The Purchaser shall take due care and make reasonable efforts to conserve all useful and beneficial trees upon the lot.

c) The Purchasers of Lots 1 to 4 inclusive, Block 2 are hereby notified of the existence of an easement declaration respecting joint access to these lots. The Vendor shall construct paved access to the lots, however the Purchasers and subsequent owners are obliged to maintain and repair such access.

d) The Purchaser shall complete grass seeding or sodding of that portion of the lots (s) between the front house line and the front tot line and all boulevards, ditches and swales adjacent to the Purchaser's lot. Such seeding or sodding shall be completed by the earlier of :

(i) eighteen (18) months after taking occupancy of the dwelling; and

(11) October 6, 1998.

In the event that such seeding or sodding is not completed, substantially established and weed free within the time specified, the Vendor shall have the option of completing same and charging the cost thereof to the Purchaser.

c) The Purchaser is hereby notified that maintenance of the boulevards, ditches and swales adjacent to the Purchaser's lot is the Purchaser's responsibility.

f) Fences are only permitted in the rear yard of a tot and shall not exceed a height of six (6) feet. The Purchaser's of Lots 1 and 2 in Block 2, and Lots 1, 4, 5, 6 and 7 inclusive in Block 1, are hereby notified that the Vendor has constructed an ornamental fence on the sides of such lots bordering onto Henderson Highway within the property line of any or all of the above mentioned lots. The Purchaser of Lot I in Block 1 is hereby notified that the Vendor has constructed or may construct a development entrance sign on the south-east corner of such lot within the property line of the lot. The Purchasers are further notified of the existence of an easement declaration recording the Vendor's right to construct the ornamental fence and development entrance sign and the Purchasers and any subsequent owners' obligation to maintain the ornamental fence. The Purchaser shall not be permitted to change or significantly alter the appearance of the ornamental fence or development entrance structure except for the permitted use of hedges or other landscape material on the west side of the ornamental fence and the north-west side of the development entrance sign.

g) The Purchasers of River Lots 1 to 10 inclusive in Block 3 are hereby notified that any remedial work required to stabilize the riverbank area for the construction of a dwelling or any other structure on any such lot shall be the responsibility of the Purchaser.

h) lie Purchaser's of Lots 3 to 15 inclusive in Block I are hereby notified that while the Vendor will construct and sod the island boulevard in front of their respective lots, the Purchasers and subsequent owners are required to maintain the island boulevard by mowing the lawn and carrying out such other maintenance as may be required, in such manner as they may among themselves agree.

i) The Purchaser's of River Lots 2 and 3 inclusive in Block 3 are hereby notified that an easement running from east to west has been created over the lots for the following purposes:

(i) to accommodate a future irrigation pipe line and/or pumping station., and

(ii) for a storm water drainage line pursuant to the requirements of paragraph 10(c) of the Development Agreement.

j) lie Purchaser's of Lots 18 and 22 in Block 1 are hereby notified that an easement running from east to west has been created over the lots for the following purpose:

(i) for a storm water drainage line pursuant to the requirements of paragraph 10(c) of the Development Agreement.

3.0 MUNICIPAL SERVICE STANDARDS

The Vendor convenants and agrees to construct, install and complete in a good and workmanlike manner all services required under the terms of the Development Agreement provided by Paragraphs 13 (a) to (e) inclusive, except as specifically provided herein:

a) The Purchaser is hereby notified that any sewerage connection, including the requisite sanitary back-up valve, must be completed by the Purchaser in accordance with the site elevations as provided by the Development Agreement and connected to the sewer system subject to the supervision and inspection by the Rural Municipality.

b) The Purchaser is hereby notified that any water connection must be completed by the Purchaser in accordance with the Rural Municipality's municipal regulations and each Purchaser will be required to purchase from the Rural Municipality a water meter which along with the water connection must be installed to the satisfaction of the Rural Municipality.

c) The Purchaser shall install at its expense all sewer and water connections from the lot line to the dwelling to be erected on any of the lots, in accordance with the requirements of the Rural Municipality), and to secure from the Rural Municipality all necessary permits in connection therewith and to pay to the Rural Municipality all of their charges therefor.

d) Underground services for hydro, gas and telephone lines are to be installed at the expense of the Vendor Pursuant to the Development agreement The Purchaser shall assume the cost of connecting to such services.

e) The Vendor has no control over the location of the underground wiring or above ground Manitoba Hydro and Manitoba Telephone System boxes which will be placed on the property. As such, no representations are made to the Purchaser In respect to the location of same.

Main Page | Description | Location | Pricing | Milne Homes Ltd.

Webcraft Development