RESTRICTIVE COVENANT

PURSUANT TO SECTION 48 AND 68(1) OF

THE LAND TITLES ACT ALBERTA
WHEREAS Enrisk Management Services Inc., (hereinafter referred to as the
Developer) is the registered owner of an estate in fee simple, subject however to such
encumbrances, liens and interests as are notified by memorandum underwritten or
endorsed on the existing certificate of title, of the following lands:
Dominant Tenement: Lots 1, 2, 3, 5 and 6, all in Block 2
as shown on Plan 1410534,
excepting thereout all mines and minerals,
(hereinafter individually referred to as the Lot and collectively
referred to as the Lots);
Servient Tenement:

Lots 1, 2, 3, 5 and 6, all in Block 2

as shown on Plan 1410534,
excepting thereout all mines and minerals,
(hereinafter individually referred to as the Lot and collectively
referred to as the Lots);

AND WHEREAS the Developer is developing a planned country residential development

on the Lots, (hereinafter referred to as the Development) and the Developer desires the
Development be well planned and that a uniform high standard of appearance be
achieved for all buildings, fences, driveways and landscaping (hereinafter referred to as
the Improvements) on the Lots;
AND WHEREAS to establish such high standards of development, the Developer
considers it desirable for the greater enjoyment of the owners of the Lots and useful to
maximize the value of the Lots, to impose a Restrictive Covenant (hereinafter referred to
as the Restrictive Covenant) against the Lots, such Restrictive Covenant containing
certain restrictions, covenants and conditions in respect of the exterior design, use and
development of the Lots for country residential purposes and the buildings, structures,
improvements and premises to be erected on the Lots, all as hereinafter set forth;
AND WHEREAS Section 68 of the Land Titles Act, Alberta, provides that an owner may
grant to itself a Restrictive Covenant for the benefit of land which it owns and against
land which it owns and the Restrictive Covenant may be registered under the Land Titles
Act;
AND WHEREAS the restrictions and covenants to be imposed by way of this Restrictive
Covenant, are for the benefit of all future owners of the individual Lots and are designed
to protect the owners of such Lots against the improper development and use of such Lots
and to prevent haphazard or inharmonious improvements and repairs or the use of
improper designs or materials;

NOW THEREFORE the Developer as registered owner of the Lots, does for itself, its
transferees, assigns and successors in title to the Lots, covenant and agree as follows:
1. The land use and building restrictions and conditions contained herein shall be
deemed to be covenants running with and annexed to the Lots (as Servient
Tenements) and shall be binding upon the respective owner or owners of all the
Lots from time to time (hereinafter referred to individually as Owner and
collectively as Owners), and shall enure to the benefit of each of the Lots and
the Owner or Owners thereof from time to time. Such restrictions and conditions,
having been imposed as a building scheme with a view to maintaining the general
character of all the Lots and to controlling the drainage thereof, may be enforced
by the Developer of the Lots or by the Owner of any Lot from time to time. Any
waiver by the Developer or any Owner of any of the Lots, of the strict
performance of the covenants set out herein shall not in and of itself constitute a
waiver of or abrogate any other covenants set out herein, nor a waiver of any
subsequent breach of the same condition.
2. If any provision of this Restrictive Covenant is found to be void, invalid or
unenforceable, the remainder of this Restrictive Covenant shall not be affected
thereby and each remaining provision shall be valid and shall be enforceable to
the extent permitted by law.
3. No action shall lie against the Developer for damages for breach of any one or
more of the covenants contained in this Restrictive Covenant unless the
Developer is registered as owner of the Lot alleged and proven by a court of
competent jurisdiction to be in breach of this Restrictive Covenant. This covenant
shall constitute an absolute defense to any such action and may be pleaded as
such.
4. All Improvements on the Lots, and any alterations to such Improvements, shall be
constructed in accordance with provisions contained in this Restrictive Covenant
and the Architectural Guidelines attached as Schedule A, which architectural
guidelines are subject to modification as noted therein.
5. No initial construction of any Improvements or subsequent alterations of
Improvements, shall take place prior to the Owner making written application to
the Developer for Development Approval from the Developer for all
Improvements in accordance with the provisions contained in this Restrictive
Covenant and the Architectural Guidelines contained in Schedule A attached to
this agreement. Development Approval in writing from the Developer must be
obtained prior to application to the municipality for a building permit.
6. The granting of Development Approval by the Developer does not release the
Owner from the obligations to comply with all municipal bylaws, building codes,
statutes and regulations that are applicable to construction of the Improvements
on any Lot.

7. The Developer may retain an Architectural Consultant to assist in the

administration of the Architectural Guidelines on its behalf. Prior to submission of
plans to the Municipal authority for a Building Permit, the Owner shall first
submit these plans to the Developer or its Architectural Consultant along with a
non-refundable plan review fee of $1,000.
8. No consent or approval given by the Developer or the Architectural Consultant
under this Restrictive Covenant shall create any liability on the Developer or the
Architectural Consultant or any other consultant, and without limiting the
generality of the foregoing, such consent or approval shall not constitute any
representation of compliance with any laws or the adequacy for construction or
other purpose of any plans.
9. The interpretation of the Architectural Guidelines shall be at the discretion of the
Developer, acting reasonably, and the Developer shall not have any obligation to
provide any consent or approval for an application by the Owner.
10. In the event that the Developer and the Architectural Consultant are no longer in
business at the time that the Owner is preparing plans for construction or
alterations of the Improvements on any Lot, the Owner shall nevertheless be
bound to construct all Improvements or alterations to such Improvements in
complete compliance with this Restrictive Covenant and the Architectural
Guidelines contained in Schedule A.
11. No more than one single-family dwelling house with private garage attached or
unattached, shall be erected at any time on any one Lot. No dwelling house shall
be used for any purpose other than for a private dwelling for a single family. This
restriction shall not prohibit a single-family dwelling house being erected on any
Lot resulting from a re-subdivision of any of the Lots.
12. No mobile home, ready constructed home, used house, duplex or apartment, nor
any house designed for more than one family, shall be constructed or moved onto
any lot as a temporary or permanent residence. This will not restrict a house from
containing a nanny or mother-in-law suite.
13. No more than 2 ancillary buildings shall be erected on any one lot. All accessory
buildings must be designed to match the look of the home, using the same exterior
building materials. No quonset style or galvanized metal buildings will be
allowed.
14. There shall be no time limit on a building commitment, however, once building
has been commenced, it must be completed to the extent that the exterior finish is
completed, within 18 months of the commencement of construction. However,
even if no development takes place on a Lot, the Owner shall maintain the Lot in
a neat and tidy manner in accordance with the stipulations outlined in this
document.

15. No building shall be occupied until it has been completed in accordance with the
plans and specifications up to the stage that the exterior of the building is
completed.
16. No business or commercial use shall be made of any Lot, home or other building
on any Lot unless permitted under the applicable municipal land use bylaw and
then only if a Development Permit has been obtained from the municipal
authority having jurisdiction and provided that such use is wholly contained
within the home or other building on any Lot and that such use does not attract the
general public to the Lot.
17. No Lots shall be used for stockpiling of any materials, or the storage of supplies,
stock-in-trade, machinery or equipment other than that as normally used in
conjunction with a single-family residence. The storage of recreational vehicles
owned and used by the occupants for their personal use is permitted, however, the
storage of recreational vehicles owned by others shall not be permitted on any
Lot.
18. No buildings shall be erected, except on permanent concrete foundations and all
buildings shall be constructed of new and durable materials conforming in all
respects with the relevant provisions of the current edition of the Alberta Building
Code, as amended from time to time.
19. No signs or advertising manner of any kind, except the ordinary signs offering the
Lots or buildings for sale, shall be placed on any of the Lots or on any buildings,
fences, trees or vehicles on the Lots or internal roadways.
20. Sewage disposal is the responsibility of the individual Lot Owners and shall be in
accordance with the requirements of the MD of Foothills No. 31, the publication
entitled Alberta Private Sewage Systems Standard of Practice 2009 Handbook
(as amended, supplemented or replaced from time to time) and other applicable
laws or guidelines.
21. All septic systems and sewage disposal fields or sewage treatment mounds shall
be installed at the sole cost and expense of the Owner and shall be in compliance
with the requirements of the authorities exercising jurisdiction therein. Septic
fields or treatment mounds shall not be installed within 30 metres of a water well
on the same or adjacent Lot or a well neighbouring lands.
22. The Developer will install underground shallow utilities (power, phone and gas)
to the property line of each Lot. It shall be the sole cost and expense of the Owner
of each Lot to connect to these utilities or services and to extend these utilities to
the point of service requirement. No utility or services shall be installed above
ground.

23. The Developer has drilled a water well on each Lot and each well has been flow
tested and a hydrologist has prepared a report which determined that the well on
each Lot meets the requirements of the Water Act. It shall be the sole cost and
expense of the Owner of each Lot to connect to these wells and to extend these
water lines to the point of service requirement. Maintenance and/or replacement
of these wells, pumps and water distribution systems shall be at the sole cost and
expense of the Owner of each Lot.
24. Water conservation shall be implemented on each lot by use of low-flow
plumbing fixtures, restricting the well pump flow rate to the lesser of the well
drillers recommended flow rate or the hydrologists calculated Q20 flow rate,
capturing rain water for reuse in watering trees, shrubs or plants and limiting
irrigation of the manicured lawn area to a small area around each house. Seasonal
filling of pools on the Lots shall not be made using water obtained from wells on
the Lots. Replenishment of water in pools due to evaporation or spillage, may be
made using water from a well on the Lots.
25. No exterior lighting shall be installed on any of the Lots which would
unreasonably illuminate any other Lot or neighboring lands and all exterior
lighting must be shaded or indirect and shall comply with the M.D. of Foothills
No. 31 Dark Skies Policy.
26. Noxious weeds, underbrush or unsightly growths shall not be permitted to grow
or remain on the Lots.
27. Garbage or refuse pile or unsightly objects shall not be allowed to accumulate on,
or allowed to remain on any of the Lots. Each Owner is responsible for the
disposal of their garbage or refuse at an approved off-site disposal site.
28. Fuel, gasoline or chemicals of any nature shall not be stored on any of the Lots in
amounts exceeding 100 litres.
29. Used car bodies, antique or derelict vehicles shall not be stored on any of the
Lots, except inside a building.
30. No heavy equipment shall be stored or operated on the Lots, other than for the
construction of the Improvements on the Lots.
31. The excavation or removal of any loam, rock, gravel or clay from any of the Lots
for commercial purposes, shall not be allowed.
32. Following completion of construction, the Owner of each Lot, shall ensure that all
areas of the Lots are left in a natural state or if disturbed, that the disturbed areas
are landscaped in a professional manner.
33. Satellite dishes larger than 24 inches in diameter or antennas or aerials in excess
of 15 feet, shall not be located on any Lot.

34. No more than two (2) dogs and two (2) cats over six (6) months of age shall be
allowed on any one Lot. Such dogs and cats shall not run free and must be
confined to the Owners Lot by means of a kennel or underground electronic
fencing. Fenced dog runs should be located in the rear of the Lots. All dogs must
be housed inside at night so that barking does not unreasonably interfere with any
neighbours. Commercial kennel operations or commercial breeding of pets for
sale, shall not be permitted on any of the Lots.
35. No livestock or animals shall be kept on any of the Lots for commercial purposes,
with the exception a maximum of three horses per Lot.
36. No driveway shall be initially constructed on any lot, unless it is, at a minimum,
surfaced with suitable gravel and then subsequently paved with asphalt per the
Architectural Guidelines. The surfacing must extend from the existing approach
at the internal road and extend to the face of the garage. Any driveway that creates
a significant amount of dust is considered unsuitable.
37. The Owners of the Lots, shall not make any alterations to the Lots that will
impede, impound or divert the natural drainage or storm water drainage across the
Lots.
38. Any dispute arising from the interpretation of the restrictions, covenants and
conditions contained herein, shall be referred to arbitration pursuant to the
Arbitration Act of Alberta and the arbitrators decision shall be final and binding.
39. In the event that legal proceedings or arbitration is commenced to interpret or
enforce this Restrictive Covenant (hereinafter referred to as a Proceeding), all
legal fees determined on a solicitor and his own client basis, plus disbursements
and arbitration costs (hereinafter referred to as the Costs) incurred by the
successful party or parties, whether the Developer, Architectural or other
Consultant, or owner of the Dominant or Servient Tenement, shall be born and
paid by the unsuccessful party or parties. When none of the parties is wholly
successful in any such Proceeding, the Costs shall be apportioned and shall be the
responsibility of the parties in proportion to their respective success, or as may be
ordered by a Court of competent jurisdiction or an arbitrator.
40. This Restrictive Covenant may be enforced by the Developer, his successors and
assigns, the Owner or Owners of the Dominant or Servient Tenements, or any of
them, and the parties agree that any breach of this Restrictive Covenant
constitutes irreparable harm to the Developer, his successors and assigns, the
Owner or Owners from time to time; that damages are not a sufficient remedy;
and that in addition to the Developer, his successors and assigns, the Owner or
Owners from time to time of the Dominant or Servient Tenements, or any of
them, shall be entitled to relief by way of injunction or an Order in the nature of
an injunction against the offending party.

41. Words herein importing a number or gender shall be construed in grammatical

conformance with the context of the party or parties affected by this Restrictive
Covenant from time to time.
42. No covenants herein shall be deemed to restrict any provision of any laws, bylaws
or regulations passed or imposed by any governmental authority, rather the
restrictions and covenants contained herein shall be considered as additional
restrictions and covenants.

IN WITNESS WHEREOF the parties hereto have affixed their signatures hereto this
_________ day of _____________________________, 2015.
Enrisk Management Services Inc.
(Dominant Tenement)

________________________(seal)
per:
Enrisk Management Services Inc.
(Servient Tenement)

________________________(seal)
per: