Supplemental Agreement for S.E. 8 21-21 W2 Subdivision

REFER TO RECENT UPDATES:

Between:  The developer and the current or future owners of any of the four subdivided lots of the lakeside acreage located on S.E. 8 - 21 - 21 - W2 near Craven, Saskatchewan. Hereafter referred to as the “subdivision”.  All current and subsequent owners of any of the sites in these subdivision hereby acknowledge and except this document, as it will be registered as a caveat against each of the four lots within this subdivision.  This caveat will also outline the usage expectations and minimum architectural design and building code for each landowner.  The four side lots labelled  (A, B, C, and D) have been approved as “Country Residential” and any other use or operation must be applied for and jointly approved by the Developer and the R.M. of Longlaketon #219.  Purchase of any or all of the subdivision sites is acceptance of the conditions of the agreement contained herein.

The intent of this document is to set out conditions and provisions of mutual and cooperative understanding for ownership of these country residential sites.  The intent is to bring together site users with mutual interests and respect for values of owning a safe, peaceful, and enjoyable unique country residential property which respects and works in harmony with the environment.

1.  All New Residential buildings and other structures are to be built to a minimum quality of C.M.H.C. (Canadian Mortgage and Housing Corporation) standards in conjunction with the Rural Municipality, Provincial bylaws and related standards.  All site plans must comply with any and all applicable building codes and restrictions of the R.M. of Longlaketon.  Where there is an absence of current standards the site owners shall comply with the minimum standard set out in this document.  At the time of the registration of this caveat, only new home construction will be approved on this subdivision.

2.  Accept and adhere to the content of the servicing agreement signed the 14^th of February 2001 between R.M. of Longlaketon #219 and the Developer.

3.  Accept and adhere to the approval and conditions set out by Community Planning and Municipal Affairs for this subdivision.

4.  Accept and adhere to the recommendations as set out in the Geotechnical report dated December 22, 2000 completed by  Ground Engineering Ltd. The location of any building and/or construction shall fall within the specifications and recommended building locations as set out by this Geotechnical report.

5.  Minimum residential building size: 1300 square feet bungalow

                                                        1700 square feet for two stories

6.  No mobile, modular or similar type of  homes will be allowed as primary or a secondary residence at any time.  No temporary storage or use of  these types of homes will be allowed without written approval by the developer.  If temporary written approval is granted for a  temporary shelter during the new residential building, the temporary shelter shall not remain on any of the other lots beyond a six-month construction period.  An extension may be granted with the written approval from the developer.

7.  No primary colours are allowed on the residential or out buildings.

8.  Construction of the primary residence to be completed within three years from the onset of the construction.  No dwelling or building shall be left unfinished or in a state of disrepair.

9.  Only one residential building or living accommodations per subdivision site. All construction will adhere to the minimum standards set out in this agreement. All site owners will supply to the developer, at least 30 days in advance and in writing, a preliminary building plan to the location ,size and construction standards of any dwelling which will take place on each of the respective sites.

10.  No building of any kind within 120 meters of the current developers homestead located immediately north of the subdivision.  In any event, no building shall be erected within 30 meters of the north side property line of Lot ‘A’ in the Subdivision next to the current developers lands.

11.  Maximum height of construction in lot ‘A’ not to exceed 7 meters.  Maximum height of construction of any building on lots  B, C, and D shall not exceed  8 meters.

12.  No commercial business or farming operation of any kind will be allowed.

13.  Dangerous, noisy or annoying types of animals of any kind, which regularly disturb the peace or put people or property ‘at risk’, will not be allowed. 

14.  Maximum of a total of 2 large animal units (approved at this time are any combination or horses or llamas totalling only 2 animals) per 5 acres of land owned.  Any out buildings or holding areas which collects or stores animal waste of any kind must be cleaned regularly as to prevent strong offensive odours. No building or holding areas area shall be constructed within 100 meters of proposed residential buildings or will be permitted within 20 meters of the property line.

15.  Site Owner and Developers must prevent and minimize erosion where they can.  This can be done by limiting any topographic change, major excavation or removal of natural trees and shrubs.  Any major alteration must be in consideration to the effect of adjoining properties next to, and below the sites.  This may include any effect on the railway bed and right a way which is directly below and to the west of the subdivision.  Any excavation must have proper drainage to prevent seepage into the underground that could result in land movement.

16.       Site owners will not redirect any water flow, water draining or allow pooling of any water on the property other than that of normal spring or storm runoffs.

17.  Permission is granted to each site owner to have access to the land and shoreline next to Last Mountain Lake currently owned by the Developer.  The area of temporary access is that which is directly in front of each of the four developed lots within the parameters of the whole subdivision as it may extend at a perpendicular angle directly to the west along the property lines of each subdivided lot.  Permission is granted, where approved, to erect a small agricultural building on this area directly in front of each site where it is utilized and constructed in a manner which does not conflict or interfere with current environmental or zoning laws 

The site users must adhere to all environmental laws pertaining to the use and prevent where possible any disturbance or altering of this shore line area.  By mere use and access to this shoreline any and all users, absolve and remove the current and future developers, owners and their families, of any and all liability events or law suits, actions and claims regarding access to and from and actual and intended use of this shoreline.  This includes any condition or situation which may arise that directly or indirectly causes harm or damages of any kind, to any person and property. 

Permission to gain access upon and cross over or through the Canadian Pacific Railway right of away, and the active railway tracks must be in compliance and approval with these property owners.  The Developer cannot and does not approve access across the CP rail property unless its owners grant it.  The site owners may make application to CP rail to reinstall the level crossing, which was once at the bottom of lot ‘C’.  Access and permission across any other property or right-a-way will be sought in advance by each of the current and future site owners. 

The Developer and/or current land own of this lakeshore area can refuse access and use at any time where there is breach, conflict or abuse regarding the use of the said lands. The owner of the said land can at any time, without notice, revoke or suspend any and all access to the said shoreline.  Further, in consideration for this access to the shore line being permitted under the noted terms and conditions, hereby on behalf of each of the site owners, their heirs, executors, administrators, and assigns, covenant and agree to remise, release and forever discharge the Developer, the owners, management, family, employees, and officials of and from all action, causes of action, claims and demands whatsoever that may have, now have or ever have, by reason of any cause, matter of thing whatsoever arising out of the permission hereby granted, whether caused by negligence or otherwise.

18.  No burning or storage of garbage where prohibited by law or where the smell or smoke drifts into adjoining properties.  Refuge or garbage collection sites prohibited.  No primary business operation that is involved in the dumping of sewage or septic waste on the surface of the land is permitted.

19.  Collection of vehicles, junk, refuse or any other unsightly items or garbage on any of the properties will not be allowed.

20.  Each of the subdivision sites must have additional fire protection and insurance liability coverage for fire calls.  This additional fire coverage is not covered by the R.M.  Each property owner must be aware that the burning of garbage or debris in windy and even calm conditions will potentially result in catastrophic prairie fires and subsequent damage to adjoining and area properties.  The person(s) and/or landowner starting the fire will be held responsible for any and all damages form these events.  Each property owner makes reasonable attempts to keep any grass or trees groomed to minimize a possible fire hazard.

21.  The content and understanding of this agreement will considered as being accepted and reviewed where any new owners of the subdivision is legally transferred at the Land Titles Branch of Saskatchewan.  Where the property is temporarily or intermittently used by any other person including friends, relatives or a sub-lease agreement, the users and/or occupants shall become aware and adhere to the content of this agreement.

22.  The prospective and actual site owner will be responsible for the discovery, development and expenses of all aspects of securing an adequate supply of potable water including but not limited to well construction, water source and supply, waterlines, system equipment, check valves, cisterns, and/or holding tanks situated upon their property.  The site owner will be solely responsible for this water supply now and in the future and shall not hold the developer responsible for any shortage, quality standards, or access problems.

23.  The new or potential owners shall make reasonable and thorough efforts to secure a water source at their expense, within three months of accepting an offer to purchase from the Developer.  The Developer will not be responsible for lack of potable water for each or any of the lots, and will not be responsible thereafter the three months initial efforts to secure such as source has been completed by the new site owner.  The developer will not be responsible for any conditions of supplying potable water whatsoever beyond the three months and the initial purchaser of each site within the subdivision.

24.  Each site owner shall agree to an easement or right-a-way which will allow the installation of underground power, telephone, natural gas, and a waterline to service lots A,B,C, and D.  Each site owner will allow the installation of a small above ground transformer to service each of the lots.  A written agreement will be drawn up within 3 months where the water is shared equally by one or more site owners in a commonly developed community well.

The developer may at anytime utilize and share this water source for his current residential needs providing the costs are shared with the current site users. An agreement amending from four lots (A,B,C,D) to five users to include the residential lot of the developer or his future owners will be included in this common community water well agreement. The first site owner who develops the community well will ensure adequate depth and filtration screens are installed to guarantee an adequate supply of water is available for all future users. When any of the new purchasers of lots A,B,C or D wish to connect to the community well, they shall pay in advance, their share for the prior expenses in the development of the well. In addition, they will be responsible for the expense to connect to the community water line itself. New site owners wishing to utilize the community well shall pay in advance, their share of the costs borne by the property owner establishing the water source. Each site owners must not encroach or build anything onto any of the common right of ways or easements for established for these services or vehicle access.

25.  The site owners shall be responsible for creating damages, conditions or cause to leak or release of any substance, which will infiltrate the water source or aquifer on their properties and adjoining properties that cause the source to become unsafe or unusable.  Damages and/or required clean up caused by this condition, leak or release of substances shall be paid by the offending party/land owner.

26.  Each site owner may opt out at the time of sale, in writing, to be responsible to pay for the installation of any or all services which currently include natural gas, power and telephone. Because the Geotechnical report indicates many suitable building location on each lot the developer will guarantee only to supply the services to a designated location to the centre of each lot up to the west side (near the valley’s edge, next to Last Mountain Lake). The developer may remove any or all services at the time of sale when it is mutually agreed upon. 

27.  The mineral rights to this subdivision property shall be retained by the Developer.

28.  The current and future site owners must be aware that this subdivision development is placed in rural, lake and agricultural area and accept any and all the changes and events which occur as a result of this location.  This site owners should make themselves aware and accept any and all current land use around this subdivision.  There are no provisions nor will there be to approve further subdividing beyond the existing four lots on this current subdivision.

29.  This agreement may be altered or completely removed upon the mutual, written consent of all parties but not without the final written approval of the Developer.  This agreement shall be binding and ensure to the benefit of the parties and their respective, heirs, executors, administrators, successors and assigns.  Each party shall work diligently to ensure that the terms of this agreement are fully adhered to.  If any provision of this agreement is found to be invalid, it is the intention of the parties that the remainder of the agreement shall remain in full force,  The enforcement of and penalties for breach of this supplemental serving agreement shall be firstly, according to the Developers right to provide a quality subdivision as a condition of purchase of the subdivided lots to prospective owners. 

Secondly in accordance with the The Planning and Development Act, 1983 in Saskatchewan.  Any expenses incurred by the Developer for obvious and ongoing breaches of this agreement, including any legal costs, will be borne by the site owners creating such a breach.

Signed this ________________day of ___________________, 2002 at Craven Saskatchewan

__________________________                    ___________________________

          Developer                                                                       Witness