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Page 1: ALBERTA GOVERNMENT SERVICES€¦ · The Developer intends to impose a scheme of mutually enforceable restrictions with respect to the use and improvements of the Lands and Buildings
Page 2: ALBERTA GOVERNMENT SERVICES€¦ · The Developer intends to impose a scheme of mutually enforceable restrictions with respect to the use and improvements of the Lands and Buildings

ALBERTA GOVERNMENT SERVICES LAND TITLES OFFICE

IMAGE OF DOCUMENT REGISTERED AS:

082064434

ADVISORY

This electronic image is a reproduction of the original document registered at the Land Titles Office. Please compare the registration number on this coversheet with that on the attached document to ensure that you have received the correct document. Note that Land Titles Staff are not permitted to interpret the contents of this document.

Please contact the Land Titles Office at (780) 422-7874 if the image of the document is not legible.

Page 3: ALBERTA GOVERNMENT SERVICES€¦ · The Developer intends to impose a scheme of mutually enforceable restrictions with respect to the use and improvements of the Lands and Buildings

THE PROPERTIES OF EAGLES QUAY Phase I

RESTRICTIVE COVENANT (Architectural Guidelines)

TO: THE REGISTRAR OF THE NORTH ALBERTA LAND REGISTRATION DISTRICT LAND TITLES OFFICE EDMONTON, ALBERTA

WHEREAS:

A. Frank P. Layton and Carol A. Layton (collectively, the "Developer") are jointly the

registered Owner of the Dominant Lands and the Servient Lands situate in Lacombe

County.

B. The Developer intends to impose a scheme of mutually enforceable restrictions with

respect to the use and improvements of the Lands and Buildings thereon in order to

preserve the integrity of the Subdivision.

NOW THEREFORE the Developer does hereby declare, establish, impose and annex to the

Servient Lands and each and every portion thereof for the benefit of the Dominant Lands, the

following stipulations, restrictions and provisions to run with the Lands and be binding upon the

registered Owners from time to time of the Lots:

1. In this Restrictive Covenant, including the preamble, the following words and

expressions shall have the meaning herein set forth:

(a) "Architectural Consultant" means the architectural consultant (including any

subsequent architectural consultant) appointed by the Developer from time to time

and failing appointment of or upon the vacancy of such architectural consultant,

Eagles Quay shall be the architectural consultant;

"Building" means a building structure, or improvement (including, but not limited

to, a single family residential house); (b)

(c) "Designated Surveyor" means the surveyor (including any subsequent surveyor)

appointed by the Developer from time to time;

(d) "Developer" means Frank P. Layton and Carol A. Layton, and their successors or

assigns;

(e) "Dominant Lands" means each of the Lots comprising the Subdivision;

(f) "Eagles Quay" means Eagles Quay Properties Inc.;

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(g) "Lands" means the Dominant Lands and Servient Lands;

(h) "Lots" means all of the lots comprising the Subdivision and "Lot" means any one of such Lots;

(i) "Owner" means the registered Owner or Owners of a Lot within the Subdivision;

(j) "Restrictions" means the covenants, provisions, restrictions and stipulations contained in this Restrictive Covenant including paragraph 2 hereof;

(k) "Restrictive Covenant" means this agreement as the same may be amended from time to time and the expressions "herein", "hereof', "above", "below" and similar expressions if used in any article, section or paragraph of this agreement refers to this agreement including the schedules hereto and do not refer solely to a particular article, section or paragraph unless specifically stated herein;

(1) "Servient Lands" means each of the Lots comprising the Subdivision;

(m) "Subdivision" means The Properties of Eagles Quay (Phase I) being lands legally described as Plan 0740786, Block 1, Lots 1 through 16 inclusive (Phase I only), excepting thereout all mines and minerals.

2. Subject to Clause 5 below, for each of the Lots comprising the Servient Lands, for the benefit of the Dominant Lands, the following restrictions, stipulations, and provisions are to run with and bind each and every part of the Lands, namely:

(a) As set out in the Architectural Guidelines attached hereto as Schedule "A";

3. The Restrictions set out herein are enforceable by the Owners from time to time of the Dominant Lands against the Owners from time to time of the Servient Lands, and any waiver by the Owner of any portion of the Dominant Lands of the strict performance of the Restrictions shall not of itself constitute a waiver or abrogate any such Restrictions.

4. If any of the Restrictions herein or the application thereof to any party or any circumstances shall be held by any court of competent jurisdiction to be invalid or unenforceable to any extent, then such Restriction shall be severed from the remainder of this Restrictive Covenant, and the remainder of this Restrictive Covenant or application of such Restrictions to a party or circumstances other than to those to which it is held invalid or unenforceable shall not be affected thereby and each of the remaining Restrictions of this Restrictive Covenant shall remain valid and enforceable to the fullest extent permitted by the law.

5. The provisions of this Restrictive Covenant, including the burdens and benefits hereunder shall not, in any event apply to the existing buildings structures or improvements situate on the lands legally described (prior to Subdivision) as Plan 1411MC, Block A, Pt. SE 1/4 Section 29, Township 39, Range 2, W5M, and the Architectural Guidelines shall absolutely not apply to such buildings, structures or improvements, each of which may be moved to be or may remain (as the case may be) situate, repaired, maintained, renovated,

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re-designed and/or relocated upon the Dominant Lands or the Servient Lands or any

portion thereof including any Lot forming a part thereof without restriction or regard to

the Architectural Guidelines.

6. This Restrictive Covenant is in addition to the requirement of the municipal or other

government authorities having jurisdiction in respect of the use of the Lands, and nothing

contained herein shall be construed as permitting .or authorizing anything which is

prohibited, controlled or regulated by any statute, bylaw, regulation or like enactment,

having the force of law and having application to the Lands.

7. Nothing herein shall require or oblige the Developer to enforce this Restrictive Covenant

or render the Developer liable for the failure of any of the registered Owners from time to

time of the Lots to adhere to or conform with the Restrictions contained in this

Restrictive Covenant, it being the intention to attach to each of the respective Lots and

Owners thereof the right to enforce and the obligation for compliance with this

Restrictive Covenant.

8. No action shall lie against the Developer (nor any of its contractors, including Eagles

Quay or the Architectural Consultant) or their respective successors and/or assigns for

any exercise or failure to exercise any discretion, authority, right or entitlement hereunder

or for any failure to enforce the provisions of this Restrictive Covenant. This covenant

shall constitute an absolute defence to, and release from, any such action and may be

pleaded as such.

9. The Restrictions contained in this Restrictive Covenant shall be binding upon and enure

to the benefit of the registered Owners from time to time of each of the Lots and the

Restrictions herein shall run with the Lands and each of the Lots comprising the Lands.

(SIGNATURES CONTAINED ON NEXT PAGE)

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Executed this 1 day of February, 2008.

, 71Witness

q 3-707,,, vtz-Witness

GRANTOR/SERVIENT LANDS 0 ) ) )

) ) ) AR JL A. LAYTO

Witness ) CAROL A. LAYTO

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AFFIDAVIT OF EXECUTION

CANADA PROVINCE OF ALBERTA TO WIT:

MAKE OATH AND SAY:

I, Monica Smolik, of the City of Edmonton, in the Province of Alberta,

10. THAT I was personally present and did see Frank P. Layton and Carol A. Layton named

in the within Instrument who are personally known to me to be the persons named

therein, duly sign and execute the same for the purposes named therein.

11 THAT the same was executed at Edmonton, Alberta, and that I am the subscribing

witness thereto.

12. THAT I know the said Frank P. Layton and Carol A. Layton and they are in my belief of

the full age of eighteen years.

SWORN BEFORE me at the City of ) Edmonton, in the Province of Alberta, this )

day of February, 2008.

A MMISSIONER FOR OATHS IN AND FOR MONICA SMOLIK

ROVINCE OF ALBERTA

JOANNE C. COX My Commission Emkjas

October 4, 20_01.

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Page 8: ALBERTA GOVERNMENT SERVICES€¦ · The Developer intends to impose a scheme of mutually enforceable restrictions with respect to the use and improvements of the Lands and Buildings

SCHEDULE "A"

THE PROPERTIES OF EAGLES QUAY

ARCHITECTURAL GUIDELINES

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DIRECTORY:

Eagles Quay: Eagles Quay Properties Inc. Phone: 780.917.4271 c/o Suite 1000, 10035 — 105 Street Fax: 780.421.7951

Edmonton, AB T5J 3T2 Attention: Frank P. Layton

Solicitor: Mark P. Kortbeek Phone: 780.917.4273

Bennett Jones LLP Fax: 780.421.7951 Suite 1000, 10035 — 105 Street Edmonton, AB T5J 3T2

Designated Surveyor; Snell & Oslund Surveys (1979) Ltd. Phone: 403.342.1255 #1, 5128 — 52 Street Fax: 403.343.7025 Red Deer, AB T4N 6Y4 Attention: Dirk VandenBrink

Architectural Katherine Ball Phone: 780.489.4874

Consultant: KB Design Ltd. Fax: 780.489.7701 9134 Valleyview Drive Edmonton, AB T5R 5T7

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USE OF ARCHITECTURAL GUIDELINES

Objective:

The Architectural Guidelines are the mechanism which will encourage richly detailed homes

which are suited for the stately sized lots in the community, thereby achieving the highest

possible standard of visual appeal.

House plans will be reviewed in terms of the adherence to the Architectural Guidelines as

detailed herein. Eagles Quay and the Architectural Consultant may require certain modifications

to house plans, elevations and/or specifications where it is felt modifications are required to take

advantage of unique lot characteristics or to conform to the overall objectives of these guidelines

and the development of The Properties of Eagles Quay community.

Applicants may provide alternative details to those outlined in these guidelines, they must

however demonstrate that conformity to the overall objectives for the quality of the area is being

maintained. The acceptability of such alternatives shall be determined by the Architectural

Consultant acting in its sole, absolute and unfettered discretion ("discretion").

Concept:

Each home should predominately attempt to integrate into the overall look of the Subdivision. It

is very important that the relative heights, massings and style of each home compliment its

neighbor and the "look" of the Subdivision. The objective is to provide the greatest possible

latitude in exterior style and finish to permit each Owner to own the home of their choice. The

Architectural Guidelines are designed to provide visual control for siting and color, and to obtain

the best possible "stately" appearance. Emphasis will be concentrated on trying to create a

strong "appeal" to each home through attention to detail.

HOUSE DESIGN

The primary thrust of these controls is geared towards the overall "stately" appeal of the

Subdivision through attention to detail on the home.

Minimum House Sizes: Minimum Square Footage

HOUSE TYPE LOTS 12, 13, 14, 15, 16

LOTS 1 to 11 inclusive

Bungalow 1,600 1,800

1 1/2 storey 2,200 2,400 2 Storey 2,400 2,600

Minimum house sizes are a guide, however the intent is to have each home design optimize the

potential of the Lot. If it is felt that this objective is not met, the home will not be permitted.

Standards and approvals recognize the specific size, nature and location of a site and the desire to

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avoid extremes. Consideration is also given to optimizing sight lines and creating acceptable

size transitions between adjacent homes and Lots.

Exteriors: Exterior construction materials will consist of brick, stone, stone tile, stucco or hardboard siding.

Each material is to be completed by details appropriate to the style of the house. The design and

detail of all trim material must be consistent with the selected style of the house. Specifically

stucco homes are to be detailed at window and door openings, eaves and base areas.

Homes that are constructed with hardboard siding are to incorporate brick, stone or stone tile on

the front face of the garage elevation, and brick must be used proportionately to the size of the

house, on the remaining areas of the home.

The use of metal capped trim details on window openings and corners are required on the front

facing elevations of siding homes.

Where brick or stone are used the material used must be carried around corners for a minimum

of 2 feet.

Full brick, stone or stone tile exteriors are encouraged.

Trim Materials:

1. Windows: — Window lintels, sills, keystone elements, and shutters are encouraged to

enhance detail.

2. Chimneys: — All chimneys must be boxed in with a corbelling feature. All furnace flues

must be boxed in, along with corbelling details. No more than 24 inches of exposed pipe

to extend above the enclosure.

3. Exterior Lighting: — All homes, where able, are to incorporate recessed pot lights in

soffits. Where this is impractical, styles of exterior lights are to be used to compliment

and enhance the appearance of the home.

Roof Materials:

Only Premium Roof finishes will be considered:

Example:

1. Cedar Shakes 2. Clay or Concrete Tile 3. Metal Shakes or tile

It should not be assumed that any "upgraded" roof finish would be accepted. Emphasis will be

placed on the premium offerings from a variety of manufacturers. The creation of a textured

appearance should be the objective for homes in the Subdivision.

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3

The minimum roof overhang shall be 24" on lower levels and 18" on upper levels. The

minimum fascia is 10". The minimum roof pitch shall be 6/12. However, a flat roof concept

may be considered with exceptional design features.

Colors: All exterior color schemes will be approved on a Lot by Lot basis. However, submission of

color schemes for pre-approval is strongly recommended. Each color scheme submitted is to be

accommodated with exact color chips. The Architectural Consultant reserves the right to

approve or disapprove any color scheme.

Corner Lots:

Special attention must be paid to side elevations and side yard setbacks on all corner Lots. The

side elevations must have the same treatment, i.e. box outs, detailed battens, stone/brick, as the

front elevation, as it is even more visible than the front elevation from the street. The

Architectural Consultant must approve side elevations on all corner Lots. Modifications to side

elevations may be required where it is felt by the Architectural Consultant that the objective of

the development has not been achieved.

Garages & Driveways:

A minimum double attached garage is required. A triple car garage is highly encouraged.

Garage doors are coordinated to match the house. The maximum distance between the top of the

garage door and the garage eave line should not be more than 2 feet without the addition of

architectural detailing.

Driveways and front walks are to be one of the following:

1. Exposed aggregate 2. Broomed concrete 3. Stamped or Patterned Concrete 4. Paving Stone 5. Asphalt 6. Compacted gravel or other natural stone.

Parge Line:

A maximum of 24 inches of parged concrete is allowed on all elevations.

Lot Maintenance:

The Owner shall be responsible for maintaining the Owner's Lot and adjacent boulevards in good

condition by eliminating weeds and mowing grass thereon.

LANDSCAPING

Landscaping should be designed to enhance the home. Extensive use of trees and shrubs are

highly encouraged. Sketch landscape plans must be submitted at time of submission for house

plans.

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to be completed within one (1) year of completion of the home and forms part of

tance Requirements. Landscaping is the Final Accep

All fencing is consistent with

FENCING

subject to approval of the Architectural Consultant and must be constructed

the high quality and integrity of the Subdivision.

Architectural Approval:

It is strongly recommended that the Owner submit for pre-approval with the Architectural

Consultant their proposed plans to ensure that they comply with the Architectural Guidelines.

Prior to the commencement of building, the Owner should inspect the Lot and all surface

improvements and utility services. All discrepancies or damages reported in writing must be

sent to Eagles Quay. To apply for architectural approval the following information must be

provided and forwarded to the Architectural Consultant:

1. Plot Plans must contain the following:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(1)

a)

(k)

(1)

(m)

(n)

scale 1:300 metric

north arrow

municipal address

legal description of property

all property lines, designated and dimensioned

size and location of proposed Buildings to property lines, existing

buildings and other structures where applicable

all cantilevers (including floor, bay windows, fireplaces, etc.)

abutting streets, avenue, lanes, reserves, etc.

easements and utility right-of ways labeled and dimensioned

spot levels around buildings — drainage directions

dimensions from property line to sidewalk and curb face

show elevation of top of footing, main floor, garage, and landscape at

front, rear and sides of house

all elevations to be in metric geodetic

all plot plans to include Lot area and site coverage

2. Two (2) sets of Building Plans for proposed Buildings showing the following:

a)

b)

c)

DMSLcp11040352‘0002112796345v6

scale of 1/4" — 1'10" or metric equivalent

plans of all elevations

floor plans of basement and all floors

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d) show sizes of windows, doors, heights, etc.

e) showing exterior finishes

f) be fully dimensioned, accurately figured, explicit & complete

3. House Plan Approval Form Completed.

4. If the above material is not completed, approval will not be given.

5. All Architectural Consultant's fees and expenses are the responsibility of the

Owner and are to be prepaid at the time of submission, re-submission,

inspection(s) and final approval.

MISCELLANEOUS

Grading:

Lot grading is to follow the natural slope of the landform and is subject to any applicable

approval by Lacombe County or other applicable governmental authority.

The Designated Surveyor will prepare all Plot Plans. The Owner and the Designated Surveyor

will jointly carry out the staking out of the home. This procedure will facilitate establishing

building elevations that are appropriate for the on-site grading conditions.

The Developer reserves the right to adjust the grading requirements between Lots after plans for

affected homes have both been submitted. A coordinated grading review will be carried out by

the Designated Surveyor to ensure that the proposed final grades of a particular house do not

adversely effect any other Lot in the Subdivision. The Designated Surveyor, to the mutual

benefit of such Lots, will balance the final grading requirements. All associated costs and

expenses of the Designated Surveyor shall be the responsibility of and payable equally by the

registered Owners of the effected Lots.

Recreation Vehicles:

Any recreation vehicles stored on the property must be screened from view.

Auxiliary Buildings:

Any auxiliary Buildings such as storage sheds, additional garages, etc., constructed upon any

Lot, must have the same design features, material and finish of the main house, and are subject to

approval by Architectural Consultant.

Retaining Walls:

The Lot Owner is responsible for any retaining walls required.

SUBDIVISION APPEARANCE

Excavation Material:

Owners must ensure that all excavation is kept within the confines of their Lot. Any spillage on

a road, walkway, or neighboring Lot must be removed immediately or Eagles Quay may, acting

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in its discretion, arrange for its removal and invoice Owner for all costs and expenses incurred in

doing so, and Owner shall pay all such costs and expenses forthwith on receipt of such invoice.

Clean Up:

Owners shall require timely removal by all builders and subtrades of all litter on building sites.

If the Owners fail to comply with such requirement Eagles Quay may, acting in its discretion,

arrange for such removal and invoice the Owners for all costs and expenses incurred in doing so,

and Owner shall pay all such costs and expenses forthwith on receipt of such invoice. Supply of

bins by the Owner is recommended. Any general clean up of the Subdivision implemented by

Eagles Quay can, and will be charged pro rata to all Owners.

SECURITY DEPOSITS

A $5,000.00 per Lot security deposit ("Security Deposit") is payable to Eagles Quay at the time

of Lot purchase.

Damages:

Cost of repairs due to Owner responsibility for damages to existing features and utilities; as well

as any other costs, expenses, and charges arising due to Owners acts or omissions with respect of

provisions hereof (including, without limitation, outstanding payments to the Architectural

Consultant), will be billed to the Owner or deducted from the Owner's security deposit and

Owner will be invoiced for damages in excess of the amount of the security deposit, and Owner

shall pay any such invoice forthwith following receipt thereof.

GENERAL

County Regulations:

Formal standards for development will be those as established by the Lacombe County, or other

applicable governmental authority. Conformity with these Guidelines does not supersede the

required approval of the Lacombe County, or other applicable governmental authority.

Issuance of approval by Eagles Quay or the Architectural Consultant in no way absolves Owners

from compliance with all applicable County, Provincial and Federal laws, including any statutes,

regulations or by-laws thereof.

Start:

Site work must NOT commence prior to written approval of the Architectural Consultant

required hereby being given and building permit issuance.

Interim Building Review:

The Architectural Consultant may carry out onsite reviews of the homes and other Buildings

during construction. Periodic checks may be made to ensure conformance to approved grading

plans and the Architectural Guidelines. Modifications may be required related to actual site

conditions.

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Pre-Inspection:

The Owner is responsible for inspecting the condition of infrastructure, utilities, local

improvements and other improvements, and amenities on and surrounding that Owner's Lot, of

any nature or kind installed or provided by or on behalf of the Developer or Lacombe County (or

any other applicable governmental authority) and must submit a written notice of any damages to

the Developer prior to taking possession of the Lot. If no such damage report is received by and

agreed to in writing by the Developer prior to the transfer of the Lot to, or taking of possession

by, the Owner, any damages assessed to the Lot will be charged to the Owner and become the

sole responsibility of the Owner. The Owner shall be expected to take normal precautions to

prevent damage to any such infrastructure, utilities and improvements. Except as agreed to in

writing by the Developer as hereinbefore set forth, the Owner is responsible for all damages to

any such infrastructure, utilities and improvements including arty such damage caused by such

Owner or those for whom such Owner is responsible at law.

Damages to such infrastructure, utilities and improvements, including manholes, valves, gutters

and the like, can be minimized where proper precautions are taken. The Owner is responsible for

protecting the above improvements when it is necessary for heavy vehicles to be driven onto the

Lot. Notwithstanding anything herein to the contrary, the Owner is solely responsible for

ensuring such protection. Any repairs necessary as a result of subsequent damage will be

charged to the Owner and shall be paid forthwith on demand. All applicable laws of any

applicable governmental authority including Lacombe County, governing restrictions of tractor-

type equipment on paved streets will apply.

The Owner of the Lot shall remain liable to repair and replace any damage occasioned to the

roadways or other improvements, running through the Subdivision by such Owner, his

contractors and subcontractors or those for whom the Owner is responsible at law, in the course

of construction, and construction shall be deemed to be incomplete until such repairs and

replacements are made.

Prohibited Construction and Development:

The following developments and undertakings are declared prohibited within the Subdivision

and on each of the Lots comprising the same, namely:

(a) the movement on to any Lot of a Building from any other location outside the

Subdivision;

(b)

(c)

mobile homes or manufactured homes, of any size, configuration or description;

the use upon a Lot or otherwise within the Subdivision, of any vehicle, motor

home or trailer for on-site residential or accommodation purposes for any period

in excess of two (2) weeks;

(d) any use of development not in compliance with any municipal, Provincial or

Federal bylaw, regulation, statute or ruling.

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Water Meter

All Lots require the installation of a water meter, installing the meter and model specified by The

Properties of Eagles Quay Co-op Ltd.

Disputes and Enforcement

Should disputes arise, the Architectural Consultant shall make the decision on the acceptability

of plans, and the Architectural Consultant's decision will be final and binding on all Owners.

The enforcement, administration and interpretation of these guidelines shall be at the discretion

of the Developer. The unfettered application of these guidelines shall be without notice or

precedent,

Assignment

The Developer may, at any time, and from time to time, and either permanently or temporarily,

in the Developer's discretion, assign to a third party, including a homeowner's association or co-

operative, or any organization composed of one or more Owners, any benefit, option, power,

discretion or decision making ability vested in the Developer hereunder, (including the discretion

and authority to re-delegate or re-assign) and including any such authority assigned to the

Architectural Consultant.

FINAL BUILDING APPROVAL

Upon being advised by the Owner of the completion of the home, including landscaping, as

required hereby, the Architectural Consultant will carry out a site review to confirm conformance

to the Architectural Guidelines and the approval previously granted.

This inspection will form the basis of a recommendation to Eagles Quay regarding the refund of

the Security Deposit. Any Security Deposit not requested for release for a period of two years

after home construction is complete will be forfeited to the Developer.

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082084434 REGISTERED 2008 0

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RESC - RESTRICTIVE COVENANT

DOC 3 OF 3 DRR#: 8011ABF AOR/MMURJI

LINC/S: 0032931875

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Danielle Christiansen

From: Sent: To: Subject:

[email protected] Tuesday, August 11, 2020 4:29 PM Danielle Christiansen Message Failed: 1791601

Delivery Information:

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1791601

Christiansen, Danielle

MLT Aikins LLP +1 (403) 6932630

35

8/11/2020 4:18:28 PM

8/11/2020 4:28:37 PM

4 min 0.448 sec

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Delivered by FaxAgent... "When Every Fax is Mission Critical"

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Danielle Christiansen

From: Sent: To: Subject:

[email protected] Tuesday, August 11, 2020 4:42 PM Danielle Christiansen Message Failed: 1791606

Delivery Information:

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Christiansen, Danielle

MLT Aikins LLP +1 (403) 6932630

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8/11/2020 4:31:25 PM

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Danielle Christiansen

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Christiansen, Danielle

MLT Aikins LLP

+1 (403) 6932630

35

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Danielle Christiansen

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MLT Aikins LLP +1 (403) 6932630

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MLT AIKINS LLP | MLTAIKINS.COM

22282039

August 11, 2020

(VIA FACSIMILE: 780-489-7701)

Kathryn Ball 9134 Valleyview Drive Edmonton, AB T5R 5T7

Re: In The Matter of the Notice of Intention to make a Proposal Under the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3, As Amended, of Tartan Completion Systems Inc.; Action No. 25-2618433 (the “Action”)

We are writing to you in our capacity as legal counsel to BDO Canada Limited (formerly Hardie & Kelly Inc.) the court-appointed receiver and manager (the "Receiver") of Eagles Quay Properties Inc. ("EQPI"). For your reference we have enclosed a copy of the Receivership Order appointing the Receiver at Schedule "A".

We have enclosed as Schedule " B" a copy of the restrictive covenant which sets out the architectural guidelines (the "Architectural Guidelines") for the EQPI lots (the "Properties").

You are named as the architectural consultant (the "Architectural Consultant") under the Architectural Guidelines. The sales agent for the Receiver and legal counsel for the Receiver has attempted to contact you on a number of occasions, including in August of 2019 and August of 2020 via telephone to obtain information regarding the Architectural Guidelines. To date no one has been able to get in contact with you.

The Receiver has been dealing with Mr. Layton in respect of EQPI and Mr. Layton has held himself out as the Architectural Consultant. Mr. Layton has been difficult to work with in this regard.

Due to the inability to get in touch with you as the named Architectural Consultant, the Receiver is currently in the process of bringing an application for advice and directions (the "Application") on August 19, 2020 to potentially appoint another independent Architectural Consultant under the Architectural Guidelines.

The Receiver anticipates filing and serving materials in respect of this Application imminently and will provide you with copies and notice of same.

The Receiver believes that the process to sell the Properties is being frustrated and the application of the restrictive covenant itself is being rendered impossible by the lack of a responsive Architectural Consultant.

MLT Aikins LLP 2100 - 222 3rd Avenue SW

Calgary, Alberta T2P 0B4 T: (403) 693-4300 F: (403) 508-4349

Ryan Zahara

Direct Line: (403) 693-5420 E-mail: [email protected]

Danielle Christiansen Legal Assistant

Direct Line: 403.693.2630 E-mail: [email protected]

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-2-MLT AIKINS LLP | MLTAIKINS.COM

22282039

Please advise as soon as possible if you remain the Architectural Consultant appointed under the Architectural Guidelines in respect of EQPI and are prepared to act in that capacity. If we do not receive a response to this correspondence the Receiver will move forward with the Application on August 19, 2020.

Yours truly, MLT AIKINS LLP

Ryan Zahara

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SCHEDULE "A"

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SCHEDULE "B"

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