“BRANDT’S CROSSING” - Centro · 2019-05-17 · Under Section 21 of the Real Estate Development Marketing Act, the purchaser or lessee of a development unit may rescind (cancel)

CENTRO

FORM 1

DISCLOSURE STATEMENT

Developer: Sunlake Construction Ltd. Developer’s Business Address: #209 – 151 Asher Road Kelowna, British Columbia V1X 3H5 Address for Service in B.C.: Benson Law LLP 270 Highway 33 West Kelowna, British Columbia V1X 1X7 Marketing: The Developer will contract for the sales and marketing

services. These contractors are not licensed under the Real Estate Services Act and are not acting on behalf of the Purchaser

Date: April 5, 2019 This Disclosure Statement has been filed with the Superintendent of Real Estate, but neither the Superintendent of Real Estate, nor any other authority of the government of the Province of British Columbia, has determined the merits of any statement contained in the Disclosure Statement, or whether the Disclosure Statement contains a misrepresentation or otherwise fails to comply with the requirements of the Real Estate Development Marketing Act. It is the responsibility of the Developer to disclose plainly all material facts, without misrepresentation.

This Disclosure Statement relates to a development property that is not yet completed. Please refer to section 7 . 2 for information on the purchase agreement. That information has been drawn to the attention of the purchaser who has confirmed that fact by initialing in the space provided herein.

_____________________________________ (Purchaser's Name)

____________

Initials

RIGHT OF RESCISSION

Under Section 21 of the Real Estate Development Marketing Act, the purchaser or lessee of a development unit may rescind (cancel) the contract of purchase and sale or to lease by serving written notice on the Developer or the Developer’s brokerage, within 7 days after the later of the date of the contract was entered into or the date the purchaser or lessee received a copy of this Disclosure Statement.

A purchaser may serve a notice of rescission by delivering a signed copy of the notice in person or by registered mail:

(a) the Developer at the address shown in the Disclosure Statement received by the purchaser,

(b) the Developer at the address shown in the purchaser’s purchase agreement,

(c) the Developer’s brokerage, if any, at the address shown in the Disclosure Statement received by the purchaser; or

(d) the Developer’s brokerage, if any, at the address shown in the purchaser’s purchase agreement.

The Developer must promptly place purchasers’ deposits with a brokerage, lawyer or notary public who must place the deposits in a trust account in a savings institution in British Columbia. If a purchaser rescinds their purchase agreement in accordance with the Act and regulations, the Developer or Developer’s trustee must promptly return the deposit to the purchaser.

POLICY STATEMENT #5 EARLY MARKETING-DEVELOPMENT APPROVAL

If the Developer has obtained approval in principle to construct or otherwise create the development units from the appropriate municipal or other government authority, the superintendent will permit a developer to begin marketing on complying with the following terms and conditions:

(a) The estimated date, as disclosed in the Disclosure Statement, for the issuance of a building permit, is 9 months or less from the date the Developer filed the Disclosure Statement with the Superintendent of Real Estate;

(b) The Developer markets the proposed development units under the Disclosure

Statement for a period of no more than 9 months from the date the Disclosure Statement was filed with the Superintendent of Real Estate, unless an amendment to the Disclosure Statement that sets out particulars of the issued building permit is filed with the Superintendent of Real Estate during that period. The Developer must either:

(i) prior to the expiry of the 9 month period, file with the superintendent an amendment to the disclosure statement that sets out particulars of the issued building permit; or (ii) upon the expiry of the 9 month period, immediately cease marketing the development and confirm in a written undertaking to the superintendent that all marketing of the developer has ceased and will not resume until after the necessary amendment has been filed, filing which a cease marketing or other order may be issued by the superintendent to the developer without further notice.

(c) Any purchase agreement used by the Developer, with respect to any development unit

offered for sale or lease before the purchaser’s receipt of an amendment to the Disclosure Statement that sets out particulars of the issued building permit, contains the following provisions:

(i) The Purchase may cancel the purchase agreement for a period of seven days after

the receipt of an amendment to the Disclosure Statement that sets out particulars of the issued building permit if the layout or size of the applicable development unit, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the development, is materially changed by the issuance of the building permit;

(ii) If an amendment to the Disclosure Statement that sets out particulars of an issued

building permit is not received by the purchaser within 12 months after the initial Disclosure Statement was filed, the purchaser may at his or her option cancel the purchase agreement at any time after the end of that 12 month period until the required amendment is received by the purchaser, at which time the purchaser may cancel the purchase agreement for a period of seven days after receipt of that amendment only if the layout of size of the applicable development unit, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the development, is materially changed by the issuance of the building permit;

(iii) The amount of the deposit to be paid by a purchaser who has not yet received an amendment to the Disclosure Statement that sets out particulars of an issued building permit is no more than 10% of the purchase price; and

(iv) All deposits paid by a purchaser, including interest earned if applicable, will be

returned promptly to the purchaser upon notice of cancellation from the purchaser.

POLICY STATEMENT #6 EARLY MARKETING – SATISFACTORY FINANCING

Under Section 12 of the Strata Property Act, a developer must not market a development unit unless the developer has made adequate arrangements to ensure payment of the cost of utilities and other services associated with the development. If the developer has not obtained a satisfactory financing commitment, the developer may market the development units, but only on complying with the following terms and conditions:

(a) The estimated date for obtaining a satisfactory financing commitment, as disclosed in the

disclosure statement, is 9 months or less from the date the developer filed the disclosure statement with the superintendent;

(b) The developer markets the proposed development units under the disclosure statement for a period of no more than 9 months from the date the disclosure statement was filed with the superintendent, unless an amendment to the disclosure statement that sets out particulars of a satisfactory financing commitment is filed with the superintendent during that period. The developer must also either: (i) prior to the expiry of the 9 month period, file with the superintendent an

amendment to the disclosure statement that sets out particulars of a satisfactory financing commitment; or

(ii) upon the expiry of the 9 month period, immediately cease marketing the development and confirm in a written undertaking to the superintendent that all marketing of the development has ceased and will not resume until after the necessary amendment has been filed, failing which a cease marketing or other order may be issued by the superintendent to the developer without further notice.

Additionally, the developer must provide written notice without delay to the superintendent if, during the 9 month period, all units in the development property being marketed under this Policy Statement are sold or the Developer has decided not to proceed with the development.

(c) Any purchase agreement used by the developer, with respect to any development unit

offered for sale or lease before the purchaser’s receipt of an amendment to the disclosure statement that sets out particulars of a satisfactory financing commitment, contains the following terms:

(i) If an amendment to the disclosure statement that sets out particulars of a

satisfactory financing commitment is not received by the purchaser within 12 months after the initial disclosure statement was filed, the purchaser may at his or her option cancel the purchase agreement at any time after the end of that 12 month period until the required amendment is received by the purchaser;

(ii) The amount of the deposit to be paid by a purchaser who has not yet received an amendment to the disclosure statement that sets out particulars of a satisfactory financing commitment is no more than 10% of the purchase price; and

(iii) All deposits paid by a purchaser, including interest earned if applicable, will be returned promptly to the purchaser upon notice of cancellation from the purchaser;

TABLE OF CONTENTS 1. The Developer ......................................................................................................................... 7 1.1 The Developer 10 1.2 Purpose 10 1.3 Registered Office 10 1.4 Director 10 1.5 Real Estate Experience 10 1.6 Penalty/Sanction Declaration 10 1.7 Bankruptcy Declaration 11 1.8 Declaration Re: Other Developers 11 1.9 Potential Conflicts 11 2. General Description ................................................................................................................................... 11

2.1. General Description of the Development ....................................................................................... 11 2.2. Permitted Use ....................................................................................................................................... 12 2.3. Phasing .................................................................................................................................................... 8

3. Strata Information ......................................................................................................................................... 9 3.1. Unit Entitlement .................................................................................................................................... 9 3.2. Voting Rights .......................................................................................................................................... 9 3.3. Common Property and Facilities ......................................................................................................... 9 3.4. Limited Common Property .................................................................................................................. 9 3.5. Bylaws .................................................................................................................................................... 14 3.6. Parking ................................................................................................................................................... 15

3.7 Furnishings and Equipment 15 3.8 Budget .................................................................................................................................................... 15 3.9. Utilities and Services ............................................................................................................................ 16 3.10. Strata Management Contracts ............................................................................................................ 16 3.10. Insurance ............................................................................................................................................... 17 3.11. Rental Disclosure Statement .............................................................................................................. 17

3.12 Rental Disclosure Statement 17 3.13 Sections 18 4. Title and Legal Matters ............................................................................................................................. 18

4.1. Legal Description ................................................................................................................................. 18 4.2. Ownership ............................................................................................................................................. 18 4.3. Existing Encumbrances and Legal Notations ................................................................................. 18 4.4. Proposed Encumbrances .................................................................................................................... 19 4.5. Outstanding or Contingent Litigation or Liabilities ....................................................................... 19 4.6. Environmental Matters ....................................................................................................................... 19

5. Construction and Warranties ................................................................................................................... 19 5.1. Construction Dates .............................................................................................................................. 19 5.2. Warranties ............................................................................................................................................. 19 5.3. Previously Occupied Building ............................................................................................................ 20

6. Approvals and Finance .............................................................................................................................. 20 6.1. Development Approval ...................................................................................................................... 20 6.2. Construction Financing ...................................................................................................................... 20

7. Miscellaneous ............................................................................................................................................... 21 7.1. Deposits................................................................................................................................................. 21 7.2. Purchase Agreement ............................................................................................................................ 22 7.3. Developer’s Commitments................................................................................................................. 23 7.4. Other Materials Facts .......................................................................................................................... 23

Exhibits: ......................................................................................................................................................................... Exhibit “A” - Proposed Strata Plans Exhibit “B” - Zoning

Exhibit "C" - Phased Strata Plan Declaration Exhibit “D” - Unit Entitlement Exhibit “E” - Voting Rights Exhibit “F” - Bylaws Exhibit “G” - Budget and Monthly Assessments

Exhibit “H” - Strata Management Contract Exhibit “I” - Form J - Rental Disclosure Statement Exhibit "J" - Building Condition Report Exhibit "K" - Purchase Contract

DEFINITIONS

“Amendment to Bylaws” means the proposed Form Y – Owner Developer’s Notice of Different Bylaws attached hereto as Exhibit “F”.

“Budgets” means the budgets for each of the Strata Corporation, Residential Section and Commercial Section described in section 3.8 herein and attached hereto as Exhibit “G”.

“Bylaws” means the bylaws of the Strata Corporation described in section 3.5 and Exhibit “F”.

“Commencement of Construction” means the date of commencement of excavation in respect of construction of an improvement that will become part of a development unit within the development property, and where there is no excavation it means the date of commencement of construction of an improvement that will become part of a development unit within the development property.

“Commercial Building” means the existing building shown as “Phase 2” on the Plans described further in subsection 2.1(c)(ii).

“Commercial Section” means the Section created by the Developer including the Commercial Strata Lot located in the Commercial Building as described in section 3.13 and Division 1 of the Bylaws.

“Commercial Strata Lot” means the one (1) commercial strata lot located in the Commercial Building.

“Common Property” means that part of the land and buildings shown on the Strata Plan that is not part of a Strata Lot.

“Completion of Construction” means the first date that a development unit within the development property may be lawfully occupied, even if such occupancy has been authorized on a provisional or conditional basis.

“Construction Mortgage” means the financing for construction of the Development which will include a mortgage and assignment of rents registered in the Land Title Office over the Lands.

“Developer” means Sunlake Construction Ltd.

“Development” means the 105 Strata Lots and the buildings constructed thereon as described in subsection 2.1 and known as “Centro”.

“Estimated Date Range” means a date range, not exceeding three months, for the Commencement of Construction of the Completion of Construction.

“Lands” means the lands upon which the Development is located and which are legally described in subsection 4.1.

“Limited Common Property” means Common Property designated for the exclusive use of the Owners of one or more Strata Lot(s) as described in subsection 3.4.

“Phased Strata Plan Declaration” means the declaration described in subsection 2.3 and attached as Exhibit “C” hereto

“Plans” means the proposed plans for the Development drafted by the surveyor for the Developer attached as Exhibit “A” hereto.

“Purchase Agreement” means the contract between the Developer and the Purchaser for the purchase of a Strata Lot as described in section 7.2 and attached as Exhibit “K”.

“Purchaser” means a purchaser of a Strata Lot.

“Residential Apartment Building” means the building to be constructed shown as “Building 1 – Proposed” on the Plans described further in subsection 2.1 (c)(i).

“Residential Section” means the Section created by the Developer including all of the Residential Strata Lots as described in section 3.13 and Division 1 of the Bylaws.

“Residential Strata Lots” means the one hundred four (104) residential strata lots, being the 101 residential strata lots located in the Residential Apartment Building and 3 residential strata lots located in the Commercial Building.

“Section” means the Residential Section or Commercial Section described in section 3.13 of this Disclosure Statement and Division 1 of the Bylaws and “Sections” includes both of the Residential and Commercial Sections.

“Strata Budget” means the estimated strata budget for the Development described in subsection 3.8 and attached as Exhibit “G” hereto.

“Strata Corporation” means the strata corporation created pursuant to the Strata Property Act by the deposit of the Strata Plan in the Land Title Office.

“Strata Council” means the council elected by the Strata Corporation from time to time responsible for the management of the Strata Corporation.

“Strata Lots” means the 104 Residential Strata Lots and 1 Commercial Strata Lot.

“Strata Plan” means the final surveyed strata plans for the Development deposited and registered in the appropriate Land Title Office.

“Unit Entitlement” has the meaning set out in subsection 3.1.

1. The Developer

1.1 Corporate Information

The Developer, Sunlake Construction Ltd., is a company duly incorporated under the laws of the Province of British Columbia on March 3, 2003, under Incorporation Number BC0665089.

1.2 Purpose

The Developer was specifically incorporated for the purpose of developing the Strata Lots as described herein and has no assets other than the development property.

1.3 Registered Office

The registered and records office of the Developer is 270 Highway 33 West, Kelowna, British Columbia, V1X 1X7.

1.4 Director

The sole director of the Developer is Dennis Bigham.

1.5 Real Estate Experience

The following is a description of the nature and extent of the experience in the real estate industry of the Developer and director of the Developer:

(a) The Developer was formed specifically for this Development so has no prior real estate experience.

(b) The Director, Dennis Bigham, has been involved in the construction industry for over 45 years, starting as a small contractor in Kelowna. Over the course of almost a half of a century, Mr. Bigham’s award-winning portfolio includes work on hospitals, schools, multi-family residential, hi-rises, low-rises, shopping centers and commercial complexes including Kelowna, Vancouver; Calgary, Saskatoon, NWT, Yukon and Edmonton. The Director has acted as a director of companies that have delivered hundreds of homes throughout the interior of British Columbia. These companies have had award-winning portfolios that includes single family and multi-family homes and commercial and industrial properties. The Director has adapted his core principles to the environmental demands of the 21st century construction and adopted industry best-practices with pride. The Director has worked on LEED Gold projects. Technological know-how has become a key component in the Director’s tool-kit. The Director has earned a reputation for building properties of superior quality.

1.6 Penalty/Sanction Declaration

To the best of the Developer’s knowledge none of the Developer nor any principal holder of the Developer or any director or officer of the Developer or principal holder within the ten years before the date of the Developer’s declaration attached to the Disclosure Statement, has been subject to any penalties or sanctions imposed by a Court of regulatory authority, relating to the sale, lease, promotion, or management of real

estate or securities, or to lending money secured by a mortgage of land, or to arranging, administering or dealing in mortgages of land, or to theft or fraud.

1.7 Bankruptcy Declaration

To the best of the Developer’s knowledge, none of the Developer or any principal holder of the Developer, or any director or officer of the Developer or principal holder within the five years before the date of the Developer’s declaration attached to the Disclosure Statement was declared bankrupt or made a voluntary assignment in bankruptcy, made a proposal under any legislation relating to bankruptcy or insolvency or has been subject to or instituted any proceedings, arrangement or compromise with creditors or had a receiver, receiver manager or trustee appointed to hold the assets of that person.

1.8 Declaration Re: Other Developers

To the best of the Developer’s knowledge, no Director, officer or principal holder of the Developer, or any director or officer of the principal holder, within the five years prior to the date of the Developer’s declaration attached to the Disclosure Statement, has been a director, officer or principal holder of any other developer that, while that person was acting in that capacity, that other developer:

(a) was subject to any penalties or sanctions imposed by a Court or regulator

authority relating to the sale, lease, promotion, or management of real estate or securities, or to lending money secured by a mortgage of land, or to arranging, administering or dealing in mortgages of land, or to theft or fraud, or

(b) was declared bankrupt or made a voluntary assignment in bankruptcy, made a proposal under any legislation relating to bankruptcy or insolvency or been subject to or instituted any proceedings, arrangement or compromise with creditors or had a receiver, receiver manager or trustee appointed to hold its assets.

1.9 Potential Conflicts

There are no existing or potential conflicts of interest among the Developer, manager, any directors, officers and principal holders of the Developer and manager, any directors and officers of the principal holders, and any person providing goods or services to the Developer, manager or holders of the development units in connection with the Development which could reasonably be expected to affect the purchaser’s purchase decision.

2 General Description

2.1 General Description of the Development

a) Civic Address The Development is located at 2311 Carrington Road, West Kelowna, British Columbia.

b) Strata Lots

The Development will contain a total of 105 Strata Lots, comprised of one hundred four (104) Residential Strata Lots and one (1) Commercial Strata Lot.

c) Buildings The development will consist of two (2) buildings described as follows:

i) Residential Apartment Building - a single 4 story wood frame building to be constructed containing a total of 101 Residential Strata Lots and one guest suite constructed above a concrete underground parking facility and shown as “Phase 1” on the Plans; and

ii) Commercial Building – an existing single 2 story wood frame building shown as “Phase 2” on the Plans containing 1 Commercial Strata Lot on the main floor, 3 Residential Strata Lots on the second floor, and a basement area that will include lockers and other storage spaces.

d) Layout The proposed layout, dimensions, and location of the Development and the Strata Lots are shown on the plan attached hereto as Exhibit “A”. The Developer reserves the right to make alterations to the design, dimensions, and construction of the building as required by the City of West Kelowna or deemed appropriate by the Developer.

e) Marketing

The Developer is marketing the 101 Residential Strata Lots in Phase 1 at this time.

2.2 Permitted Use

The Lands are zoned C1 – Urban Centre Commercial Zone. The permitted uses of the Lands under the C1 Zone include apartment buildings and various commercial uses. All of the permitted uses are as set out in the C1 Zone bylaw, a copy of which is attached hereto as Exhibit “B”. To obtain further information regarding Land Use and/or Zoning, you may access the City of West Kelowna’s website at www.westkelownacity.ca or by telephone at 778-797-1000.

2.3 Phasing

A phased strata development is a development which is proposed to be completed in separate parts and all completed parts become one strata corporation upon the registration of the strata plan for each phase.

An approved Phased Strata Plan Declaration under Section 221 of the Strata Property Act is required for a phased strata plan prior to filing in the Land Title Office of the first phase. A copy of the proposed Phased Strata Plan Declaration is attached as Exhibit “C”. This Phased Strata Plan Declaration describes important aspects of this phased

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Development and sets out the location and area of each Phase. The phasing has been approved in principle. The Developer may elect not to proceed with any subsequent Phase or may choose to proceed with subsequent Phases at later dates.

The Strata Lots will be constructed in phases. The total number of potential Strata Lots in the Development is 105. The Developer intends to develop the Lands in two (2) phases (respectively referred to as “Phase 1” and “Phase 2”).

The Developer intends to create:

(a) 101 Strata Lots in Phase 1; and (b) 4 Strata Lots in Phase 2.

3 Strata Information

3.1 Unit Entitlement

The Unit Entitlement of each Strata Lot is a figure indicating its share in the Common Property and assets of the Strata Corporation and is used to determine each Strata Lot owner’s contribution to the expenses and liabilities of the Strata Corporation. The Unit Entitlement is based on the area in square meters, rounded to the nearest whole number, excluding any non-living areas such as balconies, garages, decks, storage areas other than closet space, or parking areas. The Proposed Form V Schedule of Unit Entitlement for the Strata Lots is attached as Exhibit “D”. The actual Unit Entitlement may vary slightly from the figures shown in Exhibit “D” when the final strata plans are completed after construction.

3.2 Voting Rights

Each Residential Strata Lot shall have one (1) vote at meetings of the Strata Corporation. Pursuant to Section 247 of the Strata Property Act, the number of votes for the Commercial Strata Lot is calculated as follows:

unit entitlement of Commercial Strata Lot

average unit entitlement of Residential Strata Lots

where the average unit entitlement of the Residential Strata Lots equals the total unit entitlement of all Residential Strata Lots divided by the total number of Residential Strata Lots.

A copy of the proposed Form W – Schedule of Voting Rights is attached hereto as Exhibit “E”.

3.3 Common Property and Facilities

The Common Property in the Development includes the land, parking areas, roads, electrical rooms, hallways, stairways, elevators, and the exterior, foundation, and roof of the buildings.

The use of Common Property designated as Limited Common Property is restricted to the Strata Lot(s) designated on the Strata Plan.

The common amenities being constructed by the Developer in the Residential Apartment Building include a social/meeting room, lounge, guest suite and fitness facility.

3.4 Limited Common Property

Limited Common Property is Common Property designated for the exclusive use of the owners of one or more Strata Lots.

The decks and patios of each Strata Lot will be designated on the Strata Plan as Limited Common Property for use by the owner of that Strata Lot. In addition, certain of the parking stalls, as described in subsection 3.6, will be designated as Limited Common Property. Such designations can only be removed by unanimous resolution of the members of the Strata Corporation.

The Strata Corporation is responsible for maintaining all Common Property, including Limited Common Property. However, pursuant to the Strata Property Act, the Strata Corporation may, by bylaw, make owners responsible for the repair and maintenance of Limited Common Property which they use. Bylaw 12 of the Bylaws make an owner responsible for maintaining and repairing Limited Common Property which they use, except the following, which the Strata Corporation shall repair and maintain:

(a) repair and maintenance that in the ordinary course of events occurs less than once a year;

(b) the structure of a building; (c) the exterior of a building; (d) chimneys, stairs, balconies, and other things attached to the exterior of the

building; (e) doors, windows, or skylights on the exterior of the building or that front on

the Common Property; and (f) fences, railings, and similar structures that enclose patios, balconies, and

yards. The Developer intends to designate as Limited Common Property for the exclusive use of Strata Lot 102, the area shown as LCP S.L. 102 (Phase 2) on the Plans attached as Exhibit “A” hereto for the purpose of a playground to be used by a proposed daycare facility to be located in the Commercial Strata Lot.

3.5 Bylaws

The Developer has adopted the Bylaws which are attached hereto as Exhibit “F”. No Bylaw imposes restrictions on the age of occupants, rentals of the Strata Lots, or the use or resale of the Strata Lots.

The Bylaws create 2 sections, which Sections are described in Section 3.13 of this Disclosure Statement. Division 1 of the Bylaws pertains to the Sections.

3.6 Parking

The Development will include 148 parking stalls of which 102 parking stalls are located underground and 46 parking stalls are located above-ground.

Each Residential Strata Lot located in the Residential Apartment Building will have one (1) parking stall allocated for use by the owner(s) thereof. The Residential Strata Lots located in the Commercial Building will have 1 parking stall allocated for use by for the owners thereof located above-ground adjacent to the Commercial Building.

The Developer will designate the parking stalls in the underground parking area as Limited Common Property and 17 parking stalls above-ground for the sole use of the owner(s) of the specified Residential Strata Lot. In addition, the Developer will designate 13 parking stalls above-ground as Limited Common Property for the Commercial Strata Lot. The Developer will amend the strata plan prior to the first Annual General Meeting in order to designate the parking stalls at that time. This designation made by the Developer may only be removed or amended with the unanimous resolution of all Strata Lots.

The remaining 16 above-ground parking stalls will be available for use by the visitors to both the Commercial Strata Lot (4 parking stalls) and the Residential Strata Lots (12 parking stalls).

3.7 Furnishings and Equipment

(a) The following furnishings will be included in the purchase price of each Residential Strata Lot;

- Fridge; - Kitchen range; - Microwave; - Dishwasher; and - - Heating and air conditioning unit

(b) The Commercial Strata Lot will include:

- Concrete floors; - Perimeter walls with drywall, fire-taped - All utility services stubbed to within 2 feet of demised area (not

distributed); - Entry door; - Glazing; - One roughed in bathroom location; and - Fire sprinkler system to code

3.8 Budget

(a) The proposed interim Budgets for the operation of each of the Residential Section, Commercial Section and the Strata Corporation for the 12 month period commencing on the first day of the month following the date of the first conveyance of a Strata Lot to a purchaser are as set out in Exhibit “G”. The

estimated monthly assessment based on the Budgets and the unit entitlement of each Residential Strata Lot is as set out in Exhibit “G”.

(b) At the first annual general meeting of each Section and the Strata Corporation and each general meeting thereafter, each Section and the Strata Corporation will approve an annual budget for the following 12 month period. The monthly assessments for each Strata Lot for subsequent 12 month periods will be determined in accordance with the revised annual Budgets.

(c) The following utilities and services have been included in the Budgets and will be paid by the Strata Corporation or the applicable Section, as the case may be, and such costs will be prorated between the owners of the Strata Lots and the costs included in the monthly assessments levied by the Strata Corporation and the Sections against the Strata Lot owners:

Natural Gas – Common Areas Insurance Snow Removal Water Landscape Maintenance Electricity – Common Areas Social/Meeting room, lounge, fitness room and guest room

maintenance Other expenses described in the estimated budget attached

hereto as Exhibit “G”

(d) The following utilities and services will be separately metered or assessed to each Strata Lot and will be the responsibility of each Strata Lot owner:

Natural Gas (only servicing 18 Residential Strata Lots for the

fireplaces and/or barbeques on the decks of such units and the Commercial Strata Lot)

Electricity Cablevision Telephone Internet Maintenance, repair and replacement of the heating/air

conditioning unit servicing each Strata Lot

3.9 Utilities and Services

All standard municipal services, including water, electricity, natural gas, sewage, fire protection, telephone, and access will be provided to the Development.

3.10 Strata Management Contracts

The Strata Corporation has entered into or will enter into a property management contract with Associated Property Management, a copy of which is attached hereto as Exhibit “H”.

3.11 Insurance

(a) Course of Construction Coverage:

The Developer or its builder will maintain the following insurance coverage during the construction of the Project:

- a builder’s risk broad form insurance policy for course of construction in an amount sufficient to replace the improvements being constructed; and

- a comprehensive general liability insurance policy.

(b) Strata Corporation Coverage:

Upon filing of the Strata Plan in the Land Title Office, the Developer will obtain insurance in the name of the Strata Corporation as required by the Strata Property Act. Under section 149 of the Strata Property Act, the Strata Corporation must maintain full replacement value property insurance on:

(1) common property; (2) common assets; (3) buildings shown on the Strata Plan; and (4) fixtures built or installed on a Strata Lot by the Developer as part of the original

construction.

Fixtures are defined in section 9.1(1) of the Regulation as items attached to a building, including floor and wall coverings and electrical and plumbing fixtures, but does not include, if they can be removed without damage to the building, refrigerators, stoves, dishwashers, microwaves, washers, dryers or other similar items.

This property insurance must insure against major perils, which are defined in section 9.1(2) of the Regulation as fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism, and malicious acts. The Developer will also obtain for the Strata Corporation liability insurance to insure the Strata Corporation against liability for property damage and bodily injury. This insurance will be for a minimum amount of $2,000,000.00 as required by section 9.2 of the Regulation.

Purchasers of the Strata Lots should arrange their own liability insurance and insurance on the contents of their own Strata Lots and insurance on improvements made to a Strata Lot by the Purchaser and any other property not covered under the Strata Corporation policy.

3.12 Rental Disclosure Statement

Under section 139 of the Strata Property Act, a Developer must disclose to any Purchaser the intention of the Developer to rent any Strata Lots by filing a Rental Disclosure Statement with the Superintendent of Real Estate in order to ensure that such Strata Lots may be rented in the future. The Developer intends to reserve the right to rent all

the Strata Lots by filing a Rental Disclosure Statement. The Form J Rental Disclosure Statement filed with the Superintendent by the Developer is attached as Exhibit “I”.

3.13 Sections

The Developer intends to create two (2) Sections for the Strata Corporation by filing in the Kamloops Land Title Office bylaws that provide for the creation and administration of each Section, a copy of which bylaws are attached hereto as Exhibit “F”. One of the Sections will include the Residential Strata Lots located in the Residential Apartment Building and the Residential Strata Lots located in the Commercial Building. The Residential Building has not yet been constructed. The other Section will include the Commercial Strata Lot located in the Commercial Building. The Commercial Building was previously constructed and occupied. Division 1 of the Amendment to the Bylaws attached as Exhibit “F” describes the Sections further.

The primary purpose of creating the Sections is to permit the respective owners in each Section to be responsible for the expenses that relate solely to the Strata Lots in their respective Section and not responsible for the expenses that relate solely to the other Section. Each Section is a distinct corporate entity which is governed and budgeted independently from the Strata Corporation as a whole.

Each Section will establish its own operating fund and contingency reserve fund for common expenses of the Section, including expenses relating to the Limited Common Property designated for the exclusive use of the Strata Lots within such Section. The estimated annual budget for the operation of each Section is set out in Exhibit “G”. The monthly assessment based on the unit entitlement of each Strata Lot in each Section is as set out in Exhibit “G”.

4 Title and Legal Matters

4.1 Legal Description

PID: 014-642-913, Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

4.2 Ownership

The Developer is the registered owner of the Lands.

4.3 Existing Encumbrances and Legal Notations

(a) The existing Legal Notations registered against title to the Lands are as follows:

(i) This title may be affected by a permit under Part 29 of the Municipal Act, see KC54879;

(ii) This title may be affected by a permit under Part 29 of the Municipal Act, see KD72216;

(iii) This title may be affected by a permit under Part 26 of the Local Government Act, See LB138719.

(b) The existing encumbrances registered against title to the Lands are as follows:

(i) Right of Way C16875 in favour of the City of West Kelowna (formerly Westbank Irrigation District –grants to the City of West Kelowna the right to access, install, and maintain sanitary and storm sewers and water pipes, markers, and appurtenant installations thereto on the Lands;

(ii) Mortgage No. CA7332029 and Assignment of Rents No. CA7332030 in favour of Prospera Credit Union, to be discharged from title to each Strata Lot on closing the purchase of the Strata Lot;

(iii) Covenant No. LB245962 in favour of the City of West Kelowna (formerly Westside District Municipality) – restricts the construction or placement of any buildings, structures or improvements on approximately 4.5 meters of the Lands adjacent to the southerly property line of the Lands;

(iv) Covenant No. LB245964 in favour of the City of West Kelowna (formerly Westside District Municipality) – restricts the construction or placement of any buildings, structures or improvements and creates a no-disturb zone on the easterly part of the Lands.

4.4 Proposed Encumbrances

The following are particulars of other proposed encumbrances to which the Purchaser’s title will be subject:

(i) Mortgage and related security for developer financing as described in paragraph 6.2 of this Disclosure Statement;

(iii) Encumbrances such as covenants, easements, statutory rights or way and/or agreements to be granted with and/or in favour of the City of West Kelowna, public utilities, or other entities with respect to the

provision of utilities and approvals to or relating to the Development.

4.5 Outstanding or Contingent Litigation or Liabilities

There is no outstanding or contingent litigation or liabilities in respect of the Development or against the Developer that may affect the Strata Corporation or Strata Lot owners.

4.6 Environmental Matters

The Developer is not aware of any dangers or any requirements imposed by the municipality or other government authorities relating to flooding of or to the condition of the soil or subsoil or other environmental matters affecting the Lands.

5 Construction and Warranties

5.1 Construction Dates

“commencement of construction” means the date of commencement of excavation in respect of construction of an improvement that will become part of a development unit within the development property, and where there is no excavation it means the date of commencement of construction of an improvement that will become part of a

development unit within the development property”;

“completion of construction” means the first date that a development unit within the development property may be lawfully occupied, even if such occupancy has been authorized on a provisional or conditional basis”; and

“estimated date range” means a date range, not exceeding three months, for the commencement of construction or the completion of construction”

The Estimated Date Range for Commencement of Construction of the Residential Apartment Building is between July 1, 2019, and September 30, 2019. The Estimated Date Range for Completion of Construction is between July 1, 2021, and September 30, 2021.

Construction of the Commercial Building is complete.

5.2 Warranties

The Developer will obtain home warranty insurance coverage for the Strata Lots which will provide the following coverage to purchasers pursuant to the requirements of the Homeowner Protection Act (British Columbia):

(a) defects in workmanship and materials for a period of two years after the date on which the warranty begins:

(b) water penetration coverage of five years after the date on which the warranty begins: and

(c) structural defects for a period of ten years after the date on which the warranty begins

Any manufacturers’ warranties for appliances and equipment will be passed on to the owner or the Strata Corporation to the extent permitted.

5.3 Previously Occupied Building

Phase 2 contains the Commercial Building that has been previously occupied. A building condition report was completed by Read Jones Christoffersen Ltd., Engineers, dated April 2, 2019 and is attached hereto as Exhibit “J”.

6 Approvals and Finance

6.1 Development Approval

The Developer received a development permit from the City of West Kelowna on November 21, 2018, under Number DP17-17. The Developer has not yet received a building permit for construction of the Development. As such, the Developer will be marketing the Strata Lots in accordance with Policy Statement 5, set out on Page 3 of this Disclosure Statement.

6.2 Construction Financing

The Developer will arrange satisfactory financing for construction of the Development.

As security for the construction financing, the Developer will grant a first mortgage and assignment of rents. Such mortgage and assignment of rents will be registered in the Land Title Office. As additional security for the construction financing, a general security agreement will be registered in the British Columbia Personal Property Registry. The Developer may arrange for a second mortgage or mezzanine financing as part of the construction financing.

The Construction Mortgage, together with the general security agreement and any additional mortgage(s) will be released on a per Strata Lot basis upon payment of all or a portion of the gross sale proceeds for each Strata Lot as required by the mortgagee, less any holdbacks required pursuant to Section 88 of the Strata Property Act provided the Developer assigns to the mortgagee such holdback monies and such holdback monies are retained, during the period of the holdback, in a solicitor’s trust account.

As unconditional financing has not yet been obtained, the Developer will be marketing the Strata Lots in accordance with Policy Statement 6, set out on Page 4 of this Disclosure Statement.

7 Miscellaneous

7.1 Deposits

Deposits paid by the Purchaser to the Developer shall be held in trust by the solicitors for the Developer, Benson Law LLP, Barristers and Solicitors, 270 Highway 33 West, Kelowna, B.C., V1X 1X7 or such other solicitor or notary public or real estate broker as the Developer and the Purchaser may agree. All money received from a Purchaser will be held in trust by the person in the manner required by the Real Estate Development Marketing Act.

Under section 19 of the Real Estate Development Marketing Act, a developer who desires to use for the developer’s own purposes a deposit that has been placed with a trustee under section 18 of the Real Estate Development Marketing Act may, by entering into a deposit protection contract in relation to that deposit, obtain the deposit from the trustee and use that deposit for the developer’s own purposes. Section 10 of the Real Estate Development Marketing Regulation, provides that if a developer enters into a deposit protection contract, the developer must provide notice of the deposit contract to a purchaser by including the following information in an amendment to this Disclosure Statement:

- the name and business address of the insurer

- the name of the developer who entered into the deposit contract

- the date on which the insurance takes effect

The Developer may enter into a deposit protection contract in relation to deposits received pursuant to Purchase Contracts of the Strata Lots. Any such deposit protection contract will be in such form and with such approved insurer, and will follow such requirements, as are prescribed by the regulations of the Real Estate Act, and notice thereof will be provided to all purchasers of Strata Lots in accordance with the regulations. Upon compliance with such statutory and regulatory requirements the Developer may use the deposits, but only for purposes related to the Development.

7.2 Purchase Agreement

(a) The Developer intends to use the Contract of Purchase and Sale Agreement in the form attached hereto as Exhibit “K” in connection with the sale of the Strata Lots, unless otherwise agreed by the Developer and a purchaser.

Termination of Purchase Agreement

(b) There is a termination provision in section 7 of the Addendum “A” to the Purchase Agreement that provides for termination of the Purchase Agreement by the Developer in the event the Purchaser does not pay any part of the purchase price when due.

(c) Section 9 of Addendum “A” to the Purchase Agreements provides that a Purchaser may terminate the Purchase Agreement if the actual square footage of a Strata Lot is more than 10% different than the square footage of the Strata Lot as set out in the preliminary plans attached hereto as Exhibit “A”.

(d) Section 11 of Addendum “A” to the Purchase Agreement provides that the Purchaser may terminate the Purchase Agreement if the Purchaser does not receive an Amendment to the Disclosure Statement confirming that the Developer has received a satisfactory financing commitment for the Developer within 12 months after the filing of the Disclosure Statement.

(e) Section 10 of Addendum “A” to the Purchase Agreement provides that a Purchaser may terminate the Purchase Agreement if the Purchaser does not receive an Amendment to the Disclosure Statement confirming that the Developer has received a building permit for the Development within 12 months after the filing of the Disclosure Statement.

Extension of Completion Date

(f) The sale of the Strata Lots are to be completed on the 21st day after the Developer or Developer’s solicitors notifies the Purchaser or the Purchaser’s solicitors that the Strata Lot is ready to be occupied and that the City of West Kelowna has given permission to occupy the Strata Lot. Section 1 of the Addendum “A” to the Purchase Agreement permits the developer to extend the Outside Date of the Completion Date by the period of any delay for acts of God or construction delay and in addition to the foregoing for up to a further 180 days. In addition, section 7(b) of Addendum “A” to the Purchase Agreement permits the Developer to extend the Completion Date to a date determined by the Developer if the Purchaser fails to make any payment of the Purchase Price when due. There is no provision for the Purchaser to extend the closing date contained in the Purchase Agreement so the Developer may refuse the request of a purchaser to extend the closing date.

Assignment of Purchase Agreement

(g) Section 14 of Addendum “A” to the Purchase Agreement provides that any assignment of the Purchase Agreement without the Developer’s prior consent is prohibited.

An assignment under the Real Estate Development Marketing Act is a transfer of some or all of the rights, obligations and benefits under a purchase agreement made in respect of a strata lot in a development property, whether the transfer is made by the purchaser under the purchase agreement to another person or is a subsequent transfer.

Each proposed party to an assignment agreement must provide the developer with the information and records required under the Real Estate Development Marketing Act.

Before the Developer consents to an assignment of a purchase agreement, the Developer will be required to collect information and records under the Real Estate Development Marketing Act from each proposed party to an assignment agreement, including personal information, respecting the following:

(a) the party’s identity;

(b) the party’s contact and business information;

(c) the terms of the assignment agreement.

Information and records collected by the Developer must be reported by the Developer to the administrator designated under the Property Transfer Tax Act. The information and records may only be used or disclosed for tax purposes and other purposes authorized by section 20.5 of the Real Estate Development Marketing Act, which includes disclosure to the Canada Revenue Agency.

If the Developer does consent to an assignment and such consent is in compliance with the foregoing paragraph, the Developer may charge an administration fee of 1.5% of the Purchase Price for any assignment of the Purchase Agreement.

Deposit Interest

(h) Section 3 of the Addendum “A” to the Purchase Agreement provides that any interest on the deposit held shall accrue to the benefit of the Purchaser until 14 days prior to the adjustment date after which date interest shall accrue to the Developer. Any interest earned to the benefit of the Purchaser shall be credited against the Purchase Price on the statement of adjustments.

7.3 Developer’s Commitments

There are no commitments made by the Developer to be met after completion of the sale of the Strata Lots.

7.4 Other Materials Facts

(a) Measurements

All measurements and square footage for sale purposes have been estimated by the Developer based on building plans. The Developer reserves the right to

make modificadons and changes to each Strata l-ot. The Surveyor will berequired to re-measure and le-calculate square footage on completion ofconstruction. -Ihe final strata plans prepared by a BC Land Surveyor pursuant tothe requirement of the Strata Pro?erE Aa @it:sh Columbia) v"rll in all likehhoodvary from tbese measurements and square footage.

(b) Rentals

The Developer .is currendy renting the Residential Shata Lots in the CommercialBuilding and reserves tfie right to rent the Commercial Stata l-ot and ResidentialStrata Lots in the Commercial Building io the furure.

DEEMED RELIANCE

Section 22 of tll'e ReaI Estate Developmeflt Marketing Act provides that every purchaser who isentitle to receive this Disclosure Statement is deemed to have relied on any false or misleadingstatement of a material fact contained in this Disclosure Statemeot, if any, and any omission tostate a material fact. The Developer, its directors, and any person who has signed or authorizedthe filing of this Disclosure Statement are liable to compensate the Purchaset for anymisreptesentation, subiect to any defences available under S ectiorr 22 ofthe Act.

DECLARATION

The foregoing statements disclose, without misrepresentation, all material facts relating to theDevelopment tefered to above, as required the ReaI Estate Development Marketirrg Act ofBritish Columbia as of April 5, 2019

Sunlake Construction Ltd. by itsauthorized signatory:

Per:Dennis Bigham

The Director of Sunlake Construction Ltd. in his personal capacity:

Dennis Bigham

Exhibit “A” Plans

REM 1PLAN 41637

GELLATLY RO

AD

CARRIN

GTON R

OAD

APLAN 39421

2PLAN KAP85028

3PLAN EPP65696

COVENANTPLAN KAP87648

PHASE 2

118°31'09"

EASEMENTPLAN A-8346

SRWPLAN 47472

43.838

153°16'51"

132.

114

356°

03'5

3"

34.533168°48'00"

47.532

66°48'00"

153°24'32"

159°34'37"

137°07'01"

94.062

66°46'01"

21.47155°35'27"

28.5

72

28°3

1'49"

10.9

94

28°3

1'49"

a=38

.469

r=11

8.51

6

a=46.458

r=118.516

15.708

153°16'51"

5.53

a=16

.791

r=10

.668

63°13'38"

PHASE 1

BUILDINGFOUNDATION

5.07

6.95

6.9516.38

4.815.38

30.09

11.35102°

0'0"

102°

0'0"

15.27

a=15.602r =13.697

3.00 (r)

15.78

a=4.301r=1.950

15.2

6

2.00 (r)

0.57

0.57

5.45

2.00 10.6

0

124°50' 116°17'

LCPS.L. 102

(PHASE 2)

DRAWING No.:FILE No.: 160090R0

1600117_STRATA_NEWBLD_R2

www.vectorgeomatics.com

6884 Airport Rd, PO Box 6428Fort St. John, B.C. V1J 4H8Ph.: (250) 785-7474

Head Office - Fort St. John170-1855 Kirschner RdKelowna, B.C. V1Y 4N7Ph.: (250) 868-0172

Kelowna Office

Date: 2019-04-29

Drafted by: EC Checked by: JT

PRELIMINARYPHASE 1 STRATA PLAN OF LOT 1DISTRICT LOT 5057 OSOYOOSDIVISION YALE DISTRICT PLAN 41637

Civic Address: 2311 Carrington Road, West Kelowna, BC

This plan is Phase 1 of a 2 phase strata plan under Section 224 of the Strata Property Actlying within the jurisdiction of the Approving Officer for West Kelowna.

Parking Spaces 1-20 included in Phase 2 of the 2 phase strata plan.

The buildings shown hereon are within the external boundaries of the land that is thesubject of the strata plan.

The building included in this Phase 1 preliminary strata plan has not been previouslyoccupied.

All angles deflect by multiples of 45 or 90 degrees unless otherwise indicated.

Offset distances to the building are to the exterior walls unless noted otherwise.

This sheet shows strata lot boundaries to the midpoint of the structural portion of exteriorwalls and the midpoint between structural portion of party wall between strata lots andcommon property.

All decks and patios shown are defined as to height by the center of the floor above or itsextensions, or where there is no floor above, by the average height of the strata lot withinthe same building unless otherwise indicated.

This plan lies within the Central Okanagan Regional District.

The field survey represented by this preliminary strata plan was completed on the 20th dayof December, 2018.

BCGS 82E.082

PRELIMINARYSTRATA PLAN EPS5603PHASE 1

CITY OF WEST KELOWNA

The intended plot size of this plan is 864mm in width by 560mm in height (D size) whenplotted at a scale of 1:500.

SHEET 1 OF 9 SHEETS

Denotes Common Property(C)

DRAFT

LCP Denotes limited common property

40302050 10

SCALE 1:500

50 Metres

AutoCAD SHX Text

PART LOT 1 PLAN 41637

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.052.57

2.74

2.572.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.05

6.96

2.69

2.74

6.96

6.96

6.05

6.05

0.13

0.30

0.10

7.82

6.05

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.572.74

2.572.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.742.69

REFUSE/RECYCLE

ELECTRICAL

MECHANICAL

CORRIDOR (C)

STORAGE

LOBBY

(C)

JANITOR

(C) ELEVATORS(C) STAIRS

PARKING GARAGE

A

A'C

C'

H

H'

LOWER LEVEL PARKING

(C)

(C)

(C)

(C)

(C)(C)

0.22

0.13

6.05

6.96

0.13

0.11

LOADING

(C)

LOADING

(C)

STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF PARTY WALLBETWEEN STORAGE UNITSAND COMMON PROPERTY(TYP.)

0.08

PS STORAGE UNITS

(SEE DETAIL 'A')

STRATA LOT BOUNDARYMIDPOINT OF STRUCTURAL

PORTION OF EXTERIOR WALLS(TYP.)

102°

0'0"

102°

0'0"

1.68

3.71

50.06

8.85

1.22

44.60

20.22

69.54

9.95

0.03

57.74

3.71

1.68

12.75

PARKINGSPACES (TYP)

(C) BICYCLE RACKS

B

B'

D

D'

E

E'

F

F'

PS 48

PS 49

PS 50

PS 51

PS 52

PS 53

PS 54

PS 55

PS 56

PS 57

PS 70

PS 69

PS 68

PS 67

PS 66

PS 65

PS 64

PS 63

PS 62

PS 61

PS 60

PS 58

PS 71

6263

6465

6667

68

7574

7372

7170

69

76

77

7879

8081

8283

8485

8687

88

89

90

91

92

93

94

95

96

97

PS 47

PS 59

ENTRANCE/EXIT

TO PARKING

HALLWAY (C)

(C)

1.29

1.47

1.29

1.471.35

1.35

1.29

1.35

1.29

1.35

1.35

1.29 1.351.35

1.381.70

1.42

2.73

1.83

1.44

1.42

1.70

1.29

1.381.35

1.44

1.31

1.36

1.31

1.32

1.31

1.32

1.31

1.32

1.31

1.32

1.31

1.32

1.31

1.32

1.31

1.35

1.31

2.34

1.42

2.34

1.371.37

1.371.37

1.401.401.37

1.421.42

1.37

1.37

1.42

1.42

1.37

1.421.42 1.37

1.421.42

1.37

1.42

1.42

1.37

1.401.40

1.42

1.42

1.40

1.421.42

1.40

2.34

1.421.44

1.82

1.44

1.42

1.29

1.29

1.29

1.42

1.29

1.421.42

1.29

2.72

0.032.72

1.351.32

1.321.32

1.321.32

1.321.36

2.73

0.02

1.29

1.37

STORAGEUNITS (TYP)

62

63

64

65

66

67

68

75

74

73

72

71

70

69

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

HALLWAY (C)

SHEET 2 OF 9 SHEETS

PRELIMINARYFLOOR PLANSLOWER LEVEL PARKING


All decks and patios shown are defined as to height by the centre of the floor above or itsextensions, or where there is no floor above, by the average height of a strata lot within thesame building, unless otherwise indicated.


Section arrows point in the directions of view.

LEGEND

Denotes common property(C)PT.S.L.LCP

Denotes part ofDenotes strata lotDenotes limited common property


DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50

DETAIL 'A'Scale of enlargement is 1:100at intended plot size of plan.

SCALE 1:100

20 1 4 Metres

Parking SpacePS

10.82

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.502.50

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.502.50

2.50

5.00

2.50

6.10

6.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.105.00

6.00

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

6.106.106.106.106.106.106.106.106.106.106.106.106.106.106.106.10

3.90

3.90

6.006.10

5.00

2.50

2.50

5.00

1.831.83

1.831.83

1.22

1.221.22

1.22

1.221.22

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

2.742.74

2.742.74

2.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.742.74

2.74

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10

6.10 2.742.74

2.742.50

5.00

2.50

2.742.74

2.74

5.00

2.742.74

2.742.74

2.74

2.742.74

2.742.74

2.742.74

2.742.74

7.82

7.82

0.41

0.41 0.10

0.10

0.10

0.10

2.84

1.610.30

0.10

0.10

1.38

0.10

(C) STAIRS

(C) STAIRS

PARKING GARAGE

PARKING GARAGE

(C) STAIRS

FIREFIGHTER

ACCESS

(C) STAIRS

CANOPY

LOBBY

ELEVATORS

ELEVATORROOM

RAMP TO MAINLEVEL PARKING

(C) STAIRS

STORAGE

(C) STAIRS

(C) MOTORCYCLESTALLS (TYP)

1.83

1.831.83

1.221.22

1.221.22

STORAGE5.17

2.70

4.612.64

0.19

A

A'

B

B'

C

C'

H'

H



MAIN LEVEL PARKING

(C)

(C)

(C) STAIRS

44.60

1.22

5.11

1.29

4.15

1.28

3.71

1.68

12.80

1.68

3.71

67.71

69.54

5.79

4.15

5.79

(C)

(C)

(C)

(C) STAIRS

(C)

(C)

(C)

(C)

(C)

MOTORCYCLE

STALLS(C)

(C) STRUCTURAL WALLS

FOR STRATA LOTS

ABOVE (TYP.)

0.35

PARKINGSPACES (TYP)

D

D'

E

E'

F

F'

PS 73

PS 74

PS 75

PS 76

PS 77

PS 78

PS 79

PS 80

PS 81

PS 82

PS 83

PS 84

PS 85

PS 86

PS 87

PS 88

PS148

PS 147

PS 146

PS 145

PS 144

PS 143

PS 142

PS 141

PS 140

PS 139

PS 138

PS 137

PS 135

PS 134

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PS 132

PS 131

PS 130

PS 129

PS 128

PS 127

PS 90

PS 92 PS 117

PS 116PS 93

PS 94 PS 115

PS 114PS 95

PS 96 PS 113

PS 112PS 97

PS 111

PS 110

PS 99 PS 107

PS 106PS 100

PS 101 PS 105

PS 104PS 102

PS 108

PS 109

PS 119

PS 118

PS 120

PS 121

PS 122

PS 123

PS 124PS 89

PS 136

PS 125

HANDICAP

SPACE

PS 72

PS 91

PS 98

PS 103

PS 126

PERIMETER OFFLOOR BELOW

PHASE 2

PHASE 1

PHASE 1

PHASE 2

LANDSCAPINGAREA (C)

PS 46

PS 45

PS 44

PS 43

PS 42

PS 41

PS 27

PS 26

PS 23

PS 22

PS 21

(C)

VISITOR 40

(C)

VISITOR 39

(C)

VISITOR 38

(C)

VISITOR 37

(C)

VISITOR 36

(C)

VISITOR 35

(C)

VISITOR 34

(C)

VISITOR 33

(C)

VISITOR 32

(HANDICAP)

PS 25

(C)

VISITOR 31

(C)

VISITOR 30

(C)

VISITOR 29

(C)

VISITOR 28

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

5.00

2.74

2.74

5.00

2.74

2.74

5.00

2.74

2.74

5.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

3.90

6.00

3.90

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.74

2.74

6.00

2.50

5.00 2.50

5.00

2.50

2.50

5.00

2.50

2.50

5.00

2.50

2.50

5.00

2.50

2.50

5.00

1.40

8.653.81

3.49

3.83

3.66

PS 24

DRIVE AISLE(C)

102°

0'0"

6.65

6.65

6.33

6.33

6.70

6.70

0.10

7.322.08

1.68 1.

68

1.68

3.50

3.50

7.32

46.38

(C) WALKW

AY

(C) WALKW

AY

ENTRANCE/EXITTO MAIN

LEVEL PARKING

(C)

(C)

(C)

DR

IVE AISLE(C)

LANDSCAPINGAREA (C)

LANDSCAPINGAREA (C)

SHEET 3 OF 9 SHEETS

PRELIMINARYFLOOR PLANSMAIN LEVEL PARKING





LEGEND




DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50

Parking SpacePS

FIRST FLOOR

A

A'

D

D'

C

C'

E

E'

F

F'

H

H'

9.16

2.29

0.141.39

2.57

1.22

3.26 1.22 2.82

9.16

2.80

0.14

1.21

2.43

3.40 1.22

3.04

10.3

8

2.43

3.04

1.22

3.40

3.40

9.16

2.80

0.14

1.21

1.22

3.04

9.16

2.43

0.14

1.21

2.80

3.04

1.22

3.40

2.95

0.14

1.362.88

9.16

3.98

1.223.21

5.38

2.68

2.68 1.210.205.38

1.22

3.31

1.222.83

5.38

2.68

0.14

2.82

1.22

2.57

1.39

0.14

1.21

0.14

2.43

2.43

10.38

3.40

1.22

3.04

0.14

1.21

0.14

2.27

2.80

9.163.04

1.22

3.40

0.14

1.21

0.14

1.06

1.44

2.53

2.83

2.53

6.10

4.54

1.21

0.202.68

9.16

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.83

9.16

2.68

2.68

0.20

1.21

0.20

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.94

9.16

3.05

2.79

0.20

1.22

3.98

9.16

3.03

0.14

1.21

0.14

3.31

1.10

6.87

3.76

4.26

3.96

1.72

0.20

1.691.16

6.19

5.53

1.10

1.21

5.38

0.20

1.212.68

2.591.36

0.14

9.16

2.83

1.22

3.31

1.22

3.56

2.33

3.40

2.33

0.07

1.29

3.113.11

1.29

1.29

3.113.11

1.29

2.51

2.510.07

0.07

0.07

0.07

0.07

0.07 1.29

3.21

3.211.29

2.51

2.51

1.29

3.21

3.201.29 0.07

0.07

0.07

2.51

3.28

1.29

2.51

4.26

2.51

0.072.63

4.27

3.73

1.29

2.97

3.11

1.29

1.29

1.29

3.11

3.11

1.29

0.07

0.07

0.07

0.07

1.29

3.20

3.20

1.29

1.29

3.20

3.20

1.29

0.07

0.07

1.22

3.31

0.07

1.22

2.82

9.16

10.3

8

10.3

8

10.38

9.16

10.38

10.38

3.13

3.13

9.16

3.13

3.13

9.16

9.16

3.04

1.22

0.20

0.20

0.14

2.80

1.21

2.43

2.29

0.14

0.14

9.16

3.40

3.27

3.920.23

1.11

1.10

2.71

3.05

2.10

3.05 3.54

1.67

2.832.83

1.67

3.54

3.052.10

3.05

2.71

1.11

0.233.12

3.96

2.36

2.36

3.96

3.12

3.920.07

0.07

2.24

0.14

1.36

1.121.12

1.36

0.14

2.24

9.59

0.07

0.07

2.83

1.22

3.31

1.22

9.16

2.83

3.31

9.16

2.80

3.850.07

0.23

1.11

1.10

2.71

3.052.10

3.05

0.76

3.54

1.67

2.83

2.83

1.67

3.54

0.76

3.05

2.10

3.052.71 1.10

1.11

0.23

2.24

0.141.35

1.12

1.12

1.352.24

9.59

0.07

3.12

3.96

3.96

3.12

3.85

6.45

4.10

1.691.49

1.70

6.45

4.10

1.49

(C) STAIRS

(C) HALLWAY

9.16

4.75

0.80

2.801.21 2.43

(C) STAIRS

ELEVATORS (C)

8.80

LCP

SL 7

LCPSL 8

LCPSL 16

LCPSL 17

LCP SL 18

LCPSL 19

LCP

SL 19

LCP

SL 20

LCPSL 25

LCP

SL 23

LCP

SL 24

LCP

SL 21

LCP

SL 22

LCPSL 6

LCPSL 5

LCPSL 4

LCPSL 3

LCPSL 2

LCPSL1

LCPSL 15

LCPSL 14

LCPSL 9

LCPSL 13

LCP

SL 11

LCPSL 12

LCPSL 10

LCP SL 13

LCP SL 12

(C) HALLWAY (C) STAIR

S

ELECGAS

ELEC

JAN

MECH

MEC

H

(C) MAIL ROOM

(C) LOUNGE

(C) HALLWAY

(C) GUEST SUITE

S.L. 23(88.7m²)

S.L. 2(63.9m²)

S.L. 3(62.9m²)

S.L. 5(62.9m²)

S.L. 4(62.9m²)

S.L. 6(62.9m²)

S.L. 20(70.5m²)

S.L. 21(88.7m²)

S.L. 22(88.7m²)

S.L. 25(120.8m²)

S.L. 24(88.7m²)

S.L. 1(120.8m²)

S.L. 13(120.8m²)

S.L. 12(120.8m²)

S.L. 11(63.9m²)

S.L. 10(62.9m²)

S.L. 9(62.9m²)

S.L. 8(62.9m²)

S.L. 7(54.0m²)

S.L. 14(88.7m²)

S.L. 15(88.7m²)

S.L. 16(88.7m²)

S.L. 17(89.6m²)

S.L. 18(71.4m²)

S.L. 19(167.4m²)

STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF PARTY WALLBETWEEN STRATA LOTS(TYP.)




PORTION OF PARTY WALLBETWEEN STRATA LOTS

AND COMMON PROPERTY(TYP.)

1.073.512.801.78

7.32

1.900.07

0.07

1.90

7.32

1.78

2.80

3.51

1.07

2.39

3.61

1.49

2.393.611.49

B

B'


(TYP.)


(TYP.)


(TYP.)

1.10

0.07

0.07

(C) H

ALLWAY

1.64

1.640.76

0.76

2.99

3.88

1.64

1.64

1.19

SHEET 4 OF 9 SHEETS

PRELIMINARYFLOOR PLANS - FIRST FLOOR(S.L 1 THROUGH S.L. 25)





LEGEND




DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50

Denotes mechanical room (C)MECHDenotes gas facilities room (C)GASDenotes electrical facilities room(C)ELECDenotes janitor closet (C)JAN

SECOND FLOOR

A

A'

H'

C

C'

9.16

2.29

0.141.39

2.575.59

6.45

3.19

1.22

3.26 1.22

2.82

9.16

2.80

0.14

1.21

2.43

3.40 1.22

3.04

10.3

8

2.43

3.04

1.22

3.40

3.40

9.16

2.80

0.14

1.21

1.22

3.04

9.16

2.43

0.14

1.21

2.80

3.04

1.22

3.40

2.95

0.14

1.362.88

9.16

3.981.

223.21

5.38

2.68

2.68 1.210.20

5.38

1.22

3.31

1.222.83

5.38

2.68

0.14

2.82

1.22

3.18

5.59

2.57

1.39

0.14

1.21

0.14

2.43

2.43

10.38

3.40

1.22

3.04

0.14

1.21

0.14

2.27

2.80

9.163.04

1.22

3.40

0.14

1.21

0.14

1.06

1.44

2.53

2.83

2.53

6.10

4.54

1.21

0.202.68

9.16

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.83

9.16

2.68

2.68

0.20

1.21

0.20

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.94

9.16

3.05

2.79

0.20

1.22

3.98

9.16

3.03

0.14

1.21

0.14

3.31

1.10

6.87

3.76

4.26

3.96

1.72

0.20

1.691.16

6.19

5.53

1.10

1.21

5.38

0.20

1.212.68

2.461.21

0.14

2.86

5.49

4.13

3.67

7.65

9.16

2.83

1.22

3.31

1.22

3.56

1.15

6.45

2.33

3.40

2.33

0.07

1.29

3.113.11

1.29

1.29

3.113.11

1.29

2.51

2.51

0.07

0.07

0.07

0.07

0.07

0.07 1.29

3.21

3.211.29

2.51

2.51

1.29

3.21

3.201.29 0.07

0.07

0.07

2.51

3.28

1.29

2.51

4.26

2.51

0.072.63

4.27

3.73

1.29

2.97

3.11

1.29

1.29

1.29

3.11

3.11

1.29

0.07

0.07

0.07

0.07

1.29

3.20

3.20

1.29

1.29

3.20

3.20

1.29

0.07

0.07

1.22

3.31

0.07

1.22

2.82

9.16

10.3

8

10.3

8

10.38

9.16

10.38

10.38

3.13

3.13

9.16

3.13

3.13

9.16

9.16

3.04

1.22

0.20

0.20

0.14

2.80

1.21

2.43

2.29

0.14

0.14

9.16

3.40

3.27

3.920.23

1.11

2.71

3.05

2.10

3.05 3.54

1.67

2.832.83

1.67

3.54

3.052.10

3.05

2.71

1.10 1.11

0.233.12

3.96

2.36

0.08 3.61

0.98

0.98

3.610.08

2.36

3.96

3.12

3.920.07

0.07

2.24

0.14

1.36

1.121.12

1.36

0.14

2.24

9.59

0.07

0.07

2.83

1.22

3.31

1.22

9.16

2.83

3.31

9.16

2.80

3.85

0.23

1.112.71

3.052.10

3.05

0.76

3.54

1.67

2.83

2.83

1.67

3.54

0.76

3.05

2.10

3.052.71

1.110.23

2.24

0.141.35

1.12

1.12

1.352.24

9.59

0.07

3.12

3.96

2.36 0.07

0.08

3.61

0.98

0.08

3.61

0.98

0.07

2.36

3.96

3.12

0.07

0.07

3.85

(C) STAIRS

(C) S

TAIR

S

2.801.21 2.43

(C) STAIRS

ELEVATORS(C)

(C)SOCIAL/MEETING

ROOM

LCP

SL 3

3

LCPSL 34

LCPSL 42

LCPSL 43

LCP

SL 4

4

LCPSL 45

LCP

SL 45

LCP

SL 46

LCPSL 51

LCP

SL 49

LCP

SL 50

LCP

SL 47

LCP

SL 48

LCP

SL 31

LCP

SL 30

LCP

SL 29LCP

SL 28

LCP

SL 27

LCPSL 26

LCPSL 41

LCPSL 40

LCPSL 36

LCPSL 35

LCPSL 39

LCP

SL 3

7

LCPSL 38







3.82

1.25

LCPSL 32

LCPSL 38

LCPSL 39

LCP

SL 51

LCP

SL 26

(C) H

ALLWAY

(C) HALLWAY

ELECGAS

ELEC

JAN

MECH

MEC

H

S.L. 38(120.8m²)

S.L. 33(54.0m²)

S.L. 37(73.5m²)

S.L. 36(62.9m²)

S.L. 34(62.9m²)

S.L. 35(62.9m²)

S.L. 39(120.8m²)

S.L. 40(88.7m²)

S.L. 41(88.7m²)

S.L. 42(88.7m²)

S.L. 44(71.4m²)

S.L. 43(89.6m²)

S.L. 51(120.8m²)

S.L. 50(88.7m²)

S.L. 49(88.7m²)

S.L. 48(88.7m²)

S.L. 47(88.7m²)

S.L. 46(70.5m²)

S.L. 45(167.4m²)

S.L. 26(120.8m²)

S.L. 27(73.5m²)

S.L. 29(62.9m²)

S.L. 28(62.9m²)

S.L. 31(62.9m²)

S.L. 30(62.9m²)

S.L. 32(63.8m²)

(C)

B

B'

D

D'

E

E'

F

F'

H


(TYP.)


(TYP.)


(TYP.)

0.07

0.07

1.10

1.10

0.07

1.10

1.64

1.640.76

0.76

1.64

1.64

SHEET 5 OF 9 SHEETS

PRELIMINARYFLOOR PLANS - SECOND FLOOR(S.L 26 THROUGH S.L. 51)





LEGEND


DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50




THIRD FLOOR

A

A'

H'

C

C'

9.16

2.29

0.141.39

2.575.59

6.45

3.19

1.22

3.26 1.22

2.82

9.16

2.80

0.14

1.21

2.43

3.40 1.22

3.04

10.3

8

2.43

3.04

1.22

3.40

3.409.

16

2.80

0.14

1.21

1.22

3.04

9.16

2.43

0.14

1.21

2.80

3.04

1.22

3.40

2.95

0.14

1.362.88

9.16

3.98

1.223.21

5.38

2.68

2.68 1.210.205.38

1.22

3.31

1.222.83

5.38

2.68

0.14

2.82

1.22

3.18

5.59

2.57

1.39

0.14

1.21

0.14

2.43

2.43

10.38

3.40

1.22

3.04

0.14

1.21

0.14

2.27

2.80

9.163.04

1.22

3.40

0.14

1.21

0.14

1.06

1.44

2.53

2.83

2.53

6.10

4.54

1.21

0.202.68

9.16

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.83

9.16

2.68

2.68

0.20

1.21

0.20

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.94

9.16

3.05

2.79

0.20

1.22

3.98

9.16

3.03

0.14

1.21

0.14

3.31

1.10

6.87

3.76

4.26

3.96

1.72

0.20

1.691.16

6.19

5.53

1.10

1.21

5.38

0.20

1.212.68

2.461.21

0.14

2.86

5.49

4.13

3.67

7.65

9.16

2.83

1.22

3.31

1.22

3.56

1.15

6.45

ELEVATORS(C)

2.33

3.40

2.33

0.07

1.29

3.113.11

1.29

1.29

3.113.11

1.29

2.51

2.51

0.07

0.07

0.07

0.07

0.07

0.07 1.29

3.21

3.211.29

2.51

2.51

1.29

3.21

3.201.29 0.07

0.07

0.072.

51

3.28

1.29

2.51

4.26

2.51

0.072.63

4.27

3.73

1.29

2.97

3.11

1.29

1.29

1.29

3.11

3.11

1.29

0.07

0.07

0.07

0.07

1.29

3.20

3.20

1.29

1.29

3.20

3.20

1.29

0.07

0.07

1.22

3.31

0.07

1.22

2.82

9.16

10.3

8

10.3

8

10.38

9.16

10.38

10.38

3.13

3.13

9.16

3.13

3.13

9.16

9.16

3.04

1.22

0.20

0.20

0.14

2.80

1.21

2.43

2.29

0.14

0.14

9.16

3.40

3.27

3.920.23

1.11

2.71

3.05

2.10

3.05 3.54

1.67

2.832.83

1.67

3.54

3.052.10

3.05

2.71

1.11

0.233.12

3.96

2.36

0.08 3.61

0.98

0.98

3.610.08

2.36

3.96

3.12

3.920.07

0.07

2.24

0.14

1.36

1.121.12

1.36

0.14

2.24

9.59

0.07

0.07

2.83

1.22

3.31

1.22

9.16

2.83

3.31

9.16

2.80

3.85

0.23

1.112.71

3.052.10

3.05

0.76

3.54

1.67

2.83

2.83

1.67

3.54

0.76

3.05

2.10

3.052.71

1.110.23

2.24

0.141.35

1.12

1.12

1.352.24

9.59

0.07

3.12

3.96

2.36 0.07

0.08

3.61

0.98

0.08

3.61

0.98

0.07

2.36

3.96

3.12

0.07

0.07

3.852.80

1.21 2.43

LCP

SL 5

9

LCPSL 60

LCPSL 68

LCPSL 69

LCP

SL 7

0

LCPSL 71

LCP

SL 71

LCP

SL 72

LCPSL 77

LCP

SL 75

LCP

SL 76

LCP

SL 73

LCP

SL 74

LCP

SL 57

LCP

SL 56

LCP

SL 55

LCP

SL 54

LCP

SL 53

LCPSL 52

LCPSL 67

LCPSL 66

LCPSL 62

LCPSL 61

LCPSL 65

LCP

SL 6

3

LCPSL 64

3.82

1.25

LCPSL 58

LCPSL 64

LCPSL 65

LCP

SL 77

LCP

SL 52

(C) STAIRS

(C) S

TAIR

S

(C) STAIRS

(C) H

ALLWAY

(C)

(C) HALLWAY

ELECGAS

ELEC

JAN

MECH

MEC

HS.L. 75

(88.7m²)

S.L. 53(73.5m²)

S.L. 54(62.9m²)

S.L. 56(62.9m²)

S.L. 55(62.9m²)

S.L. 57(62.9m²)

S.L. 72(70.5m²)

S.L. 73(88.7m²)

S.L. 74(88.7m²)

S.L. 77(120.8m²)

S.L. 76(88.7m²)

S.L. 52(120.8m²)

S.L. 65(120.8m²)S.L. 64

(120.8m²)

S.L. 63(73.5m²)

S.L. 62(62.9m²)

S.L. 61(62.9m²)

S.L. 60(62.9m²)

S.L. 59(54.0m²)

S.L. 66(88.7m²)

S.L. 67(88.7m²)

S.L. 68(88.7m²)

S.L. 69(89.6m²)

S.L. 70(71.4m²)

S.L. 71(167.4m²)

S.L. 58(63.8m²)







(C) FITNESS ROOM

B

B'

D

D'

E

E'

F

F'

H


(TYP.)


(TYP.)


(TYP.)

1.10

1.10

0.07

0.07

0.071.10

1.10

1.64

1.640.76

0.76

1.64

1.64

SHEET 6 OF 9 SHEETS

PRELIMINARYFLOOR PLANS - THIRD FLOOR(S.L 52 THROUGH S.L. 77)





LEGEND


DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50




FOURTH FLOOR

A

A'

H'

C

C'

9.16

2.29

0.141.39

2.575.59

6.45

3.19

1.22

3.26 1.22

2.82

9.16

2.80

0.14

1.21

2.43

3.40 1.22

3.04

10.3

8

2.43

3.04

1.22

3.40

3.409.

16

2.80

0.14

1.21

1.22

3.04

9.16

2.43

0.14

1.21

2.80

3.04

1.22

3.40

2.95

0.14

1.362.88

9.16

3.98

1.223.21

5.38

2.68

2.68 1.210.205.38

1.22

3.31

1.222.83

5.38

2.68

0.14

2.82

1.22

3.18

5.59

2.57

1.39

0.14

1.21

0.14

2.43

2.43

10.38

3.40

1.22

3.04

0.14

1.21

0.14

2.27

2.80

9.163.04

1.22

3.40

0.14

1.21

0.14

1.06

1.44

2.53

2.83

2.53

6.10

4.54

1.21

0.202.68

1.31 9.16

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.83

9.16

2.68

2.68

0.20

1.21

0.20

2.83

1.22

3.31

1.22

3.13

9.16

5.38

5.38

0.20

1.21

0.20

3.13

1.22

3.31

1.22

2.94

9.16

3.05

2.79

0.20

1.22

3.98

9.16

3.03

0.14

1.21

0.14

3.31

1.10

6.87

3.76

4.26

3.96

1.72

0.20

1.691.16

6.19

5.53

1.10

1.21

1.96

5.38

0.20

1.212.68

1.31

1.98

1.31

2.461.21

0.14

2.86

5.49

4.13

3.67

7.65

1.31

3.77

4.223.54

5.05

5.66

5.05

3.54

4.22

3.77

3.92

9.16

3.92

2.83

1.22

3.31

1.22

3.77

4.22

3.54

5.05

5.66

5.05

3.54

4.22

3.77

3.92

3.92

3.56

1.15

6.45

(C) STAIRS

ELEVATORS(C)

2.33

3.40

2.33

0.07

1.29

3.113.11

1.29

1.29

3.113.11

1.29

2.51

2.51

0.07

0.07

0.07

0.07

0.07

0.07 1.29

3.21

3.211.29

2.51

2.51

1.29

3.21

3.201.29 0.07

0.07

0.072.

513.28

1.29

2.51

4.26

2.51

0.072.63

4.27

3.73

4.213.54

4.21

3.54

1.29

2.97

3.11

1.29

1.29

1.29

3.11

3.11

1.29

0.07

0.07

0.07

0.07

1.29

3.20

3.20

1.29

4.21

3.54 4.21

3.54

1.29

3.20

3.20

1.29

0.07

0.07

1.22

3.31

0.07

1.22

2.82

9.16

10.3

8

10.3

8

10.38

9.16

10.38

10.38

2.831.

22

3.31

1.22

9.16

2.83

3.13

3.13

3.31

9.16

9.16

3.13

3.13

9.16

9.16

3.04

1.22

0.20

0.20

0.14

2.80

2.80

1.21

2.43

2.29

0.14

0.14

9.16

3.40

3.27

2.801.21 2.43

HALLWAY(C)

(C)

LCP

SL 8

5

LCPSL 86

LCPSL 93

LCPSL 94

LCP

SL 9

5

LCPSL 96

LCPSL 96

LCP

SL 97

LCPSL 78

LCP

SL 100

LCP

SL 101

LCP

SL 98

LCP

SL 99

LCP

SL 83

LCP

SL 82

LCP

SL 81

LCP

SL 80

LCP

SL 79

LCPSL 78

LCPSL 92

LCPSL 91

LCPSL 88

LCPSL 87

LCP

SL 8

9

LCPSL 90

LCPSL 90

3.82

1.25

LCPSL 84

(C) HALLWAY

(C) STAIR

S

(C) STAIRS

ELECGAS

ELEC

JAN

MECH

MEC

H

(SEE DETAIL 'A')

S.L. 98(88.7m²)

S.L. 79(73.5m²)

S.L. 80(62.9m²)

S.L. 82(62.9m²)

S.L. 81(62.9m²)

S.L. 83(62.9m²)

S.L. 97(70.5m²)

S.L. 99(88.7m²)

S.L. 100(88.7m²)

S.L. 87(62.9m²)

S.L. 86(62.9m²)

S.L. 85(54.0m²)

S.L. 91(88.7m²)

S.L. 92(88.7m²)

S.L. 93(88.7m²)

S.L. 94(89.6m²)

S.L. 95(71.4m²)

S.L. 96(167.4m²)

S.L. 78(159.1m²)

S.L. 101(88.7m²)

S.L. 90(159.1m²)

S.L. 84(63.8m²)

S.L. 88(62.9m²)

S.L. 89(73.5m²)

(C) H

ALLWAY







4.21

4.21

4.21

4.21

B

B'

D

D'

E

E'

F

F'

H

98 99 100

101 102 103

106105 104

107108

109110

111

112

113

114

PERIMETER OFFLOORS BELOW

(TYP)


(TYP.)

ROOF(C)

ROOF(C)

ROOF(C)

ROOF(C)

MEC

H.

SHAFT(C

)

ELECTRICAL

CLOSET (C)

NATURAL GAS

CLOSET (C)

(C) HALLWAY

1.271.32

1.421.231.28

1.49

0.13

2.03

1.281.26

1.411.29

0.97

1.351.49

1.281.32

1.42

1.301.18

1.18

2.23

2.181.13

1.131.14

1.301.18

1.181.21

1.161.13

1.131.14

1.26

1.23

1.271.32

1.42

1.421.32 1.28

S.L. 84

(C) HALLWAY

(C) H

ALLWAY

(C) HALLWAY

1.801.80

0.76

4.13

5.49

0.91

0.94

STORAGEUNITS(TYP)

9899

100

101102

103

106105

104

107108

109

110

111

112

113

114

SHEET 7 OF 9 SHEETS

PRELIMINARYFLOOR PLANS - FOURTH FLOOR(S.L 78 THROUGH S.L. 101)





LEGEND


DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50


SCALE 1:100

20 1 4 Metres




PT S.L. 27

PT S.L. 52

PT S.L. 78

PT S.L. 28

PT S.L. 53

PT S.L. 79

PT S.L. 29

PT S.L. 54

PT S.L. 80

PT S.L. 30

PT S.L. 55

PT S.L. 81

PT S.L. 31

PT S.L. 56

PT S.L. 82

PT S.L. 32

PT S.L. 57

PT S.L. 83

PT S.L. 51

PT S.L. 77

PT S.L. 78

PT S.L. 50

PT S.L. 76

PT S.L. 101

PT S.L. 49

PT S.L. 75

PT S.L. 100

PT S.L. 48

PT S.L. 74

PT S.L. 99

PT S.L. 47

PT S.L. 73

PT S.L. 98

PT S.L. 1 PT S.L. 2 PT S.L. 3 PT S.L. 4 PT S.L. 5 PT S.L. 6 (C) GUESTSUITE

PT S.L. 46

PT S.L. 72

PT S.L. 97

PT S.L. 25 PT S.L. 24 PT S.L. 23 PT S.L. 22 PT S.L. 21 PT S.L. 20

PT S.L. 9 PT S.L. 10 PT S.L. 11 PT S.L. 12

PT S.L. 33 PT S.L. 34 PT S.L. 35 PT S.L. 36 PT S.L. 37



SECTION A - A'

SECTION B - B'

SECTION C - C'

HAL

LWAY

STORAGE (C)

FITNESS (C)

SOCIAL (C)

(C) LOUNGE

PT S.L. 95

PT S.L. 70

PT S.L. 44

PT S.L. 18HALL-WAY LC

PSL

18

MAIN LEVEL PARKING

LOWER LEVEL PARKING

MAIN PARKINGLEVEL LOBBY

(C)

LOWER LEVELREFUSE/RECYCLE

LOWER LEVELELECTRICAL (C)

MECHAN-ICAL(C)

LOWERLEVEL

STORAGE(C)

HALL-WAY(C)

HALL-WAY

HALL-WAY

HALL-WAY

LOWER LEVEL PARKINGSTORAGE

MAINPARKINGSTORAGE

MAIN LEVEL PARKING

LCP

SL 4

4LC

PSL

70

LCP

SL 9

5

PT S.L. 26

PT S.L. 58

PT S.L. 84

PT S.L. 45

PT S.L. 71

PT S.L. 96

PT S.L. 19

PT S.L. 8PT S.L. 7

PT S.L. 38

PT S.L. 60PT S.L. 59

PT S.L. 85 PT

S.L. 90

LCPSL 1

PRO

PER

TY L

INE

GEL

LATL

Y R

D

LOWER LEVEL - FILL (C)(C)

(C)

WAL

K

PRO

PER

TY L

INE

GEL

LATL

Y R

D

(C)

(C)

WAL

KWAY

(C)

LCPSL 25

(C) ATTIC

(C) ROOF

(C) ROOF

(C) ATTIC

(C) ROOF

(C) ATTIC

(C) ROOF

HAL

L-W

AY

STAI

RS

LOWER LEVEL - FILL (C)


STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF CEILING (TYP.)



STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF PARTY WALLSBETWEEN STRATA LOTS (TYP.)

STRATA LOT BOUNDARYUNDERSIDE OF

CONCRETE SLAB(TYP.)

STRATA LOT BOUNDARYUNDERSIDE OFCONCRETE SLAB(TYP.)





STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF PARTY WALLSBETWEEN STRATA LOTSAND COMMON PROPERTY(TYP.)

STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF PARTY WALLSBETWEEN STRATA LOTSAND COMMON PROPERTY(TYP.)

STRATA LOT BOUNDARYUNDERSIDE OFCONCRETE SLAB(TYP.)

(C)

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

MAIN LEVEL PARKING

MAIN LEVEL PARKING

LOWER LEVEL PARKING

(C) ROOF

(C) ROOF

(C)

(C)

(C)

(C)

SHEET 8 OF 9 SHEETS

PRELIMINARYCROSS SECTIONS





LEGEND




DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50

PT S.L. 19 PT S.L. 18 PT S.L. 17 PT S.L. 16 PT S.L. 15 PT S.L. 14

PT S.L. 90

SECTION D - D'

PT S.L. 1

LCP SL78

PT S.L. 78LCP SL78

SECTION E - E'

PT S.L. 1 PT S.L. 25

PT S.L. 26

PT S.L. 52LCP SL52

PT S.L. 51

PT S.L. 77

PT S.L. 78

SECTION F - F'

LCP SL26

LCP SL1

LCP SL77

LCP SL51

LCP SL25

MAIN LEVEL PARKING

LOWER LEVEL PARKING

MAIN LEVEL PARKING

LOWER LEVEL PARKINGLOWER LEVEL

REFUSE/RECYCLE(C)

SECTION H - H'

LCP SL96

LCP SL71

LCP SL45

LCP SL19

PT S.L. 96 PT S.L. 95 PT S.L. 94 PT S.L. 93 PT S.L. 91 LCP SL90

PT S.L. 92




PT S.L. 66

PT S.L. 40

PT S.L. 14

MAIN LEVEL PARKING

MAIN LEVEL PARKINGSTORAGE

(C)

PT S.L. 13

PT S.L. 65

PT S.L. 39

PT S.L. 13

PT S.L. 90

PT S.L. 25

PT S.L. 26

PT S.L. 52

PT S.L. 51

PT S.L. 77

(C) ROOF

(C) ATTIC

(C) ROOF

PRO

PER

TY L

INE

(C)(C)

FILL (C)

(C) ATTIC

(C) ROOF

LCP

SL 1

LCP

SL 2

5

(C) ATTIC

(C) ROOF

PRO

PER

TY L

INE

(C)(C)

FILL (C)

LCPSL65

LCPSL39

LCP SL13

(C) ATTIC

(C) ROOF

PRO

PER

TY L

INE

(C)

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

LOWER LEVEL FILL (C)



CONCRETE SLAB(TYP.)


CONCRETE SLAB(TYP.)


CONCRETE SLAB(TYP.)


CONCRETE SLAB(TYP.)








(C)

(C)

(C)

MAIN LEVELPARKING

LOWER LEVELPARKING

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

PT S.L. 96 PT S.L. 95 PT S.L. 94 PT S.L. 93 PT S.L. 91PT S.L. 92



PT S.L. 66

PT S.L. 40

PT S.L.65

PT S.L. 39

FIRSTFLOOR

SECONDFLOOR

THIRDFLOOR

FOURTHFLOOR

MAIN LEVELPARKING

LOWER LEVELPARKING

(C)

(C)

(C)

(C)

(C) ROOF(C) ROOF

FILL (C)

(C) ROOF(C) ROOF

PRO

PER

TY L

INE

SHEET 9 OF 9 SHEETS






LEGEND




DRAFT






Kelowna Office

Date: 2019-04-29


SCALE 1:200

20 Metres151052.50

EXISTING BUILDINGFOUNDATION

(SEE DETAIL 'A')

GELLATLY RO

AD

CARRIN

GTON R

OAD

APLAN 39421

2PLAN KAP85028

3PLAN EPP65696


PHASE 2

118° 31' 09"

EASEMENTPLAN A-8346

SRWPLAN 47472

43.838

153°16'51"

132.

114

356°

03'5

3"

34.5

33

168°

48'0

0"

47.532

66°48'00"

10.12

(C)

153° 24' 32"

159° 34' 37"

137° 07' 01"

94.062

66°46'01"

21.47155°35'27"

28.5

72

28°3

1'49"

10.9

94

28°3

1'49"

a=38

.469

r=11

8.51

6

a=46.458

r=118.516

15.708

153°16'51"

4.40

5.53

a=16

.791

r=10

.668

63° 13' 38"

LCPLCP

LCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCP

7.28

4.55

PART LOT 1PLAN 41637

(C)

PHASE 1

a=15.602r =13.697

3.00 (r)

15.78

a=4.301r=1.950

15.2

6

2.00 (r)

0.57

0.57

5.45

2.00

10.6

0

124°50' 116°17'

LCPS.L. 102

(PHASE 2)

4.26

1.67

2.950.72

4.005.49

0.983.86 5.88

1.334.00 2.853.35

2.03

4.92

2.03

3.36

11.02

1.53

7.08

1.53

10.93

1.534.26

8.43


PS 1

PS 19

PS 25.00

2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50

5.00

2.502.50

2.502.50

2.502.50

2.502.50

2.502.50

5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

2.74

6.00

2.74

6.00

2.74

6.00

2.74

6.00

2.74

6.00

2.74

6.00

2.74

6.00

2.74

2.74

6.00

2.74

6.00

2.74

6.00

2.74

6.00

0.59

0.59

0.68

1.29

3.10

3.81

3.83

3.40

5.53

3.45

9.04

3.05

4.29

4.58

1.59

0.37

PARKING

SPACES(TYP)

PARKINGSPACES(TYP)

4.78

10.12

4.55

4.40

4.88

PS 3

PS 4

PS 5

PS 6

PS 7

PS 8

PS 9

PS 10

PS 20

PS 18

PS 17

PS 16

PS 15

(C)

(C)

(C) 11(C) 12

(C) 13(C) 14

VISITOR PARKING

LOADING

PHASE 2

PHASE 1

PHAS

E 2

PHAS

E 1

PRELIMINARYPHASE 2 STRATA PLAN OF LOT 1DISTRICT LOT 5057 OSOYOOSDIVISION YALE DISTRICT PLAN 41637

Civic Address: 2311 Carrington Road, West Kelowna, BC

This plan is Phase 2 of a 2 phase strata plan under Section 224 of the Strata Property Actlying within the jurisdiction of the Approving Officer for West Kelowna.

The buildings shown hereon are within the external boundaries of the land that is thesubject of the strata plan.

The building included in this preliminary strata plan has been previously occupied.

All angles deflect by multiples of 45 or 90 degrees unless otherwise indicated.

Offset distances to the building are to the exterior walls unless noted otherwise.


All decks and patios shown are defined as to height by the center of the floor above or itsextensions, or where there is no floor above, by the average height of the strata lot withinthe same building unless otherwise indicated.

This plan lies within the Central Okanagan Regional District.

The field survey represented by this preliminary strata plan was completed on the 20th dayof December, 2018.

The existing building foundation represented by this preliminary strata plan was completedon the 12th day of December, 2018.

BCGS 82E.082


CITY OF WEST KELOWNA

The intended plot size of this plan is 560mm in width by 432mm in height (C size) whenplotted at a scale of 1:500.

SHEET 1 OF 5 SHEETS

Denotes Common Property


1600117STRATA_EXISTINGBLD_R2




Kelowna Office


(C)

40302050 10

SCALE 1:500

50 Metres

DRAFT

LCP Denotes limited common property

Date: 2019-04-29

Parking SpacePS


SCALE 1:300

0 2.5 5 10 15 Metres

AutoCAD SHX Text

REM 1 PLAN 41637

1.52

1.60

1.52

1.52

1.60

1.52

1.52

1.83

1.52

1.52

1.75

1.49

1.49

1.75

1.521.52

1.83

1.521.52

1.601.52

1.521.60

1.521.52

1.52

1.80 1.491.49

1.80

1.52

1.52

1.80

1.52

1.52

1.52

1.60

1.52

1.52

1.60

1.52

1.52

1.83

1.52

1.52

1.75

1.491.49

1.49

1.49

1.49

1.49

1.491.49

1.49

1.49

1.491.49

1.49

1.49

1.491.49

1.49

1.49

1.491.49

1.49

1.49

1.491.49

1.491.52

1.52

1.97

1.65

0.86

1.65

0.86 0.07

1.75

1.75

1.75

1.75

1.75

2.61

1.751.75

1.751.75

1.752.36

1.751.75

1.68

1.49

1.63

0.070.61

1.73

1.73

0.61

0.07

0.07

1.22

1.73

1.22

1.15

1.63

1.66

1.97

1.52

1.52

1.49

1.58

1.58

1.59

1.52

1.52

1.49

1.66

1.66

1.49

1.56

4.04

4.04

4.34

4.34

4.04

4.04

4.34

10.62

1.52

1.52

1.52

10.62

3.07

3.07

1.85

1.98

1.85

3.26

3.072.97

2.89

3.26

1.98

1.621.52

1.82

1.521.52

1.521.60

1.621.52

1.521.52

1.521.58

1.611.52

1.521.49

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80

1.80 3.50

1.49

1.52

1.52

1.61

1.58

1.52

1.52

1.52

1.52

1.62

1.60

1.52

1.52

1.52

1.82

1.59

4.27

10.62

10.62

1.491.52

1.521.59

1.75 2.894.27

0.07

BASEMENT

STRATA LOT BOUNDARYMIDPOINT OF STUCTURAL


A

B'

B

(C)

(C)

(C)

(C) STAIRS

C'

C

(C) STAIRS

ELECTRICALROOM

COMM.ROOM

STORAGE UNIT PARTY WALLSNOT YET CONSTRUCTED.

PRELIMINARY CONFIGURATIONSHOWS THE PROPOSED DESIGN AS

PER DRAWINGS BY THOMAS GAFFNEY,ARCHITECT INC. PROVIDEDON JANUARY 17, 2019 (TYP)

STRATA LOT BOUNDARYMIDPOINT OF STUCTURALPORTION OF PARTY WALLBETWEEN LIMITED COMMONPROPERTY AND COMMONPROPERTY (TYP.)

MECHANICALROOM

11.28STORAGE

UNITS (TYP.)

STORAGEUNIT

STORAGEUNIT

(C) HALLWAY

(C) HALLWAY

(C) HALLWAY

1

2

3

45

6

7

8

9

10

11

12

13

14

15

30

31

29

32

28

33

27

34

26

35

25

36

24

37

23

38

22

39

21

40

20

41

19

42

18

43

17

44

59

58

57

56

55

54

53

52

51

50

49

48

47

46

45

1.73

2.97

0.07

16

61

60

A'

PRELIMINARYFLOOR PLANSBASEMENT


SHEET 2 OF 5 SHEETS

SCALE 1:100

10 Metres7.552.51.250




LEGEND








Kelowna Office



DRAFT

Date: 2019-04-29

S.L. 102

FIRST FLOOR

A

B'

B

(330.9 m2)

PERIMETER OF

FLOOR BELOW

PERIMETER OF

FLOOR BELOW

A'

PERIMETER OF

FLOOR BELOW

2.02



(C) STAIRS

(C) STAIRS

C'

C

3.46

0.61

3.15

2.84

0.86

3.30

0.86 3.15

3.22

1.22

3.46

1.22 2.97 2.03

0.38

0.81

0.380.62

1.93

4.37

1.93

1.93

9.65

9.29

13.93

8.08

4.27

1.68

3.05

0.61

PRELIMINARYFLOOR PLANSFIRST FLOOR


SHEET 3 OF 5 SHEETS

SCALE 1:100

10 Metres7.552.51.250




LEGEND








Kelowna Office



Date: 2019-04-29

SECOND FLOOR

S.L. 103

S.L. 104

S.L. 105

(C)ENTRANCE

DECK

LCP S.L. 104

(DECK)

STAIRS (C)

STAIRS (C)

LCP S.L. 103

(DECK)

(103.2 m2)

(82.1 m2)

(110.9 m2)

A

A'

B'

B

LCP S.L. 105

(DECK)

PERIMETER

OF FLOOR BELOW

1.56

1.080.31

9.31

0.08

1.25

5.45

1.57

4.17

11.33

3.05

0.61

3.46

0.61

3.19

2.80

0.87

3.30

0.87 3.21

3.16

1.23

3.46

1.23 2.97

8.20

8.51

2.10

3.70

2.10

0.26

1.553.82

1.55

0.26

0.100.32

2.97

1.55

0.10

8.51

1.93

4.43

1.93

3.48

STRATA LOT BOUNDARYMIDPOINT OF STUCTURALPORTION OF PARTY WALL

BETWEEN STRATA LOTS(TYP.)

4.50

1.53 4.01

3.38

C'

C



SHEET 4 OF 5 SHEETS

PRELIMINARYFLOOR PLANSSECOND FLOOR


SCALE 1:100

10 Metres7.552.51.250




LEGEND








Kelowna Office



DRAFT

Date: 2019-04-29

HALLWAY (C)

PT S.L. 102

PT S.L. 103 PT S.L. 104 PT S.L. 105LCPS.L.103

BASEMENT

FIRST FLOOR

2ND FLOOR

ROOF (C) ATTIC

(C)

SECTION A - A'

(C) (C)

(C)



CONCRETE SLAB(TYP.)

STRATA LOT BOUNDARYMIDPOINT OF STRUCTURALPORTION OF EXTERIOR WALLS(TYP.)

PRO

PER

TY L

INE

ROOF

(C) ROOF


CO

MM

.

(C)

SECTION B - B'

BASEMENT

FIRST FLOOR

2ND FLOOR

ROOF (C) ATTIC

(C)ENTRANCE

DECKPT S.L. 104

PT S.L. 102(C)(C)




CONCRETE SLAB(TYP.)

PRO

PER

TY L

INE

LCPS.L.104

(C) ROOF

STO

RAG

E

HAL

LWAY

(C)

HAL

LWAY

(C)

STO

RAG

E

STORAGE

(C)

(C)

PT S.L. 102

PT S.L. 105

STAI

RS

LCPS.L.105

(C)

PRO

PER

TY L

INE

(C) ATTIC


(C) ROOF


(C)

STAI

RSELEC-

TRICALROOM(C)

MECH-ANICALROOM(C)BASEMENT

FIRST FLOOR

2ND FLOOR

ROOF

SECTION C - C'


CONCRETE SLAB(TYP.)

(C)

HALLWAY

(C)






Kelowna Office

SHEET 5 OF 5 SHEETS






LEGEND



SCALE 1:200

20 Metres151052.50



DRAFT

Date: 2019-04-29

Denotes Stairs (C)STAIRS

Exhibit “B” Zoning

CITY OF WEST KELOWNA ZONING BYLAW No. 0154

PART 11 – COMMERCIAL ZONES

11.1. URBAN CENTRE COMMERCIAL ZONE (C1) .1 Purpose

To accommodate a mix of uses with active commercial frontages. .2 Principal Uses, Buildings and Structures

(a) Agricultural market (b) Apartment (c) Brewery, distillery or meadery (d) Broadcasting studio (e) Cabaret, bar or lounge (f) Commercial school (g) Community or assembly hall (h) Care facility, major (i) Congregate housing (j) Education facility (k) Extended medical treatment facility (l) Entertainment facility, indoor (m) Fire, police or ambulance service (n) Food bank (o) Funeral establishment (p) Group home (q) High technology business (r) Hotel (s) Library, museum or art gallery (t) Live/work unit (u) Neighbourhood pub (v) Office (w) Personal service establishment (x) Postal or courier service (y) Printing or publishing (z) Recreation services, indoor (aa) Restaurant (bb) Retail, general (cc) Temporary shelter service (dd) Transportation station (ee) Vehicular parking areas or structures (ff) Vehicle washing facility (gg) Winery or cidery

Bylaw No. 154.36

Schedule A 107


Schedule A 108

.3 Secondary Uses, Buildings and Structures (a) Accessory uses, buildings and structures (b) Home based business, minor

.4 Site Specific Uses, Buildings and Structures

(a) On Lot 2, DL 486, ODYD, Plan 9660: allow the existing accessory building to be occupied as a dwelling.

(b) On Lot 1, District Lot 5057, ODYD, Plan 41637: despite Section 11.1.6(c), permit apartments to exceed 40% of the Gross Floor Area of the first storey of a building located only at 2301 Carrington Road.

.5 Regulations Table SUBDIVISION REGULATIONS

(a) Minimum parcel area 400 m2 (4,305.6 ft2) (b) Minimum parcel frontage 5.0 m (16.4 ft)

DEVELOPMENT REGULATIONS (c) Maximum density:

.1 With surface parking 2.35 FAR

.2 With non-surface parking 2.5 FAR (d) Maximum parcel coverage 100% (e) Maximum building height 15.0 m (49.2 ft) to a

maximum of 4 storeys SITING REGULATIONS

(f) Buildings and structures shall be sited at least the distance from the feature indicated in the middle column below, that is indicated in the right-hand column opposite that feature:

.1 Front parcel boundary 4.5 m (14.8 ft), except it is: 0.0 m (0.0 ft) for buildings and structures on Elliot Road and Hoskins Road; 2.0 m (6.6 ft) for buildings and structures on Brown Road; and 3.0 m (9.8 ft) for buildings and structures on Main Street that have vehicular access from a highway other than a Provincial Highway.

.2 Rear parcel boundary 0.0 m (0.0 ft)

.3 Interior side parcel boundary 0.0 m (0.0 ft)

Bylaw No.

154.63


.4 Exterior side parcel boundary 4.5 m (14.8 ft), except it is: 0.0 m (0.0 ft) for buildings and structures on Elliot Road and Hoskins Road; 2.0 m (6.6 ft) for buildings and structures on Brown Road; and 3.0 m (9.8 ft) for buildings and structures on Main Street that have vehicular access from a highway other than a Provincial Highway.

.5 A1 Zone or ALR

15.0 m (49.2 ft) for the first two storeys or portion of the building less than or equal to 6.0 m (19.7 ft) in height, whichever is less 18.0 m (59.1 ft) for the third storey or portion of the building above 6.0 m (19.7 ft) but less than or equal to 9 m (29.5 ft) in height, whichever is less 21.0 m (68.9 ft) for the fourth storey or portion of the building above 9.0 m (29.5 ft) in height, whichever is less

.6 Other Regulations

(a) Despite Section 11.1.5(c), in circumstances where a combination of surface and non-surface parking is proposed, the maximum density of 2.35 FAR may be increased by 0.15 multiplied by the ratio of non-surface parking spaces to the total required parking spaces, but in no case shall the FAR exceed 2.5.

(b) Density bonusing for Westbank Centre Plan Area (As defined in the 2011 Westbank Centre

Revitalization Plan) .1 Despite Section 11.1.5(c), the maximum density may be increased to 2.8 FAR if the

owner of the land pays to the City of West Kelowna prior to the issuance of a building permit, the amount equal to $26.90 per square metre of additional GFA ($2.50 per square foot of additional GFA), to be deposited in a Restricted Reserve Fund for Westbank Centre Amenities.

.2 Buildings that are being constructed at an FAR in excess of 2.5 in accordance with

Section 11.1.6(b) shall have a maximum height of 6 storeys, or 22.5 m (73.8 ft), whichever is less, if all of the parking spaces are provided in the form of non-surface parking.

Schedule A 109


(c) Apartment and Congregate Housing .1 If apartments or congregate housing units are located on the first storey of a building, no

more than 40% of the Gross Floor Area of that storey may be occupied by apartments or congregate housing units and no first storey apartments or congregate housing units shall face parcel boundaries along the following highways: (a) Brown Road (b) Dobbin Road (c) Elliot Road (d) Hoskins Road (e) Main Street (f) Old Okanagan Highway between Main Street and Dobbin Road (g) Hebert Road between Main Street an d Dobbin Road

Schedule A 110

Exhibit “C” Form P – Phased Strata Plan Declaration

Strata Property Act

FORM P

PHASED STRATA PLAN DECLARATION

(Sections 221, 222)

Sunlake Construction Ltd., a company duly incorporated under the laws of the Province of British Columbia, and having a registered and records office at 270 Highway 33 West, Kelowna, British Columbia, declares that:

1. It intends to create a Strata Plan by way of phased development of the following land which it owns, legally described as:

Parcel Identifier: 014-642-913 Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

2. The plan of development is as follows:

a) the Strata Plan shall be created in two (2) phases and when completed shall be comprised of one hundred five (105) strata lots. Phase 1 will be deposited second and Phase 2 first;

b) the proposed site plan attached as Exhibit “A” shows the following:

i. all the lands to be included in the phased Strata Plan,

ii. the present parcel boundaries,

iii. the approximate boundaries of each phase, and

iv. the approximate location of the common facilities;

c) the estimated date for the beginning of construction and completion of construction of each phase are as follows:

Phase Estimated Start Date Estimated Completion Date

1 September 30, 2019 September 30, 2021 2 Complete Complete

d) the unit entitlement of each phase and the total unit entitlement of the completed development will be as follows:

Phase Proposed Unit Entitlement

1 8602 2 627 Total 9229

- 2 -

e) the maximum number of units and general type of residence or other structure to be built in each phase is as follows:

Phase Maximum Number of Units

1 101 2 4

Phase 1 is a 4-story residential apartment building. Phase 2 is an existing 2 story commercial building containing 1 commercial strata lot on the main floor, 3 residential strata lots on the second floor and a basement area that will be a storage area.

3. Sunlake Construction Ltd. will elect to proceed with each phase on or by the following dates:

Phase Date

1 December 1, 2021 2 December 1, 2021

Date: February __, 2019 Signature of Owner/Developer, Sunlake Construction Ltd. Date of approval: Approving Officer City of West Kelowna Section 222(2) of the Act provides that approval expires after one year unless the first phase is deposited before that time.


GELLATLY RO

AD

CARRIN

GTON R

OAD

APLAN 39421

2PLAN KAP85028

3PLAN EPP65696


PHASE 2

118°31'09"

EASEMENTPLAN A-8346

SRWPLAN 47472

43.837

153°16'51"

132.

111

356°

03'5

3"

34.532168°48'00"

47.531

66°48'00"

10.12

(C)

(C)

153°24'32"

159°34'37"

137°07'01"

94.059

66°46'01"

21.47155°35'27"

28.5

71

28°3

1'49"

10.9

93

28°3

1'49"

a=38

.468

r=11

8.51

3

a=46.457

r=118.513

15.707

153°16'51"

4.40

5.53

a=16

.791

r=10

.668

63°13'38"

LCPLCP

LCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCPLCP

LCP

7.28

4.55

(C)

GELLATLY RO

AD

CARRIN

GTON R

OAD

APLAN 39421

2PLAN KAP85028

3PLAN EPP65696


118°31'09"

EASEMENTPLAN A-8346

SRWPLAN 47472

43.837

153°16'51"

132.

111

356°

03'5

3"

34.532168°48'00"

47.531

66°48'00"

153°24'32"

159°34'37"

137°07'01"

94.059

66°46'01"

21.47155°35'27"

28.5

71

28°3

1'49"

10.9

93

28°3

1'49"

a=38

.468

r=11

8.51

3

a=46.457

r=118.513

15.707

153°16'51"

5.53

a=16

.791

r=10

.668

63°13'38"

PHASE 1

PROPOSEDBUILDING

FOUNDATION(C)

(C)

(C)

(C)

(C)

5.07

6.95

6.9516.38

4.815.38

30.09

11.35

15.27

1PLAN 41637

(C)

(C)

LCP PARKING SPACES (TYP)

LCPLCP

LCPLCP

LCPLCP

LCPLCPLCP

LCPLCP

LCPLCP

VISITOR(C)

VISITOR

(C)

LCP PAR

KING

SPACES (TYP)

LOADINGDOCK

VISITOR(C)

(C)

(C)

(C)


1600117_PH1_2_SITEPLANDate: 2019-02-14

170-1855 Kirschner RdKelowna, B.C. V1Y 4N7Ph.: (250) 868-0172www.vectorgeomatics.com

SITE PLAN OF PROPOSED PHASE 1 ANDPHASE 2 STRATA PLAN OF LOT 1DISTRICT LOT 5057 OSOYOOSDIVISION YALE DISTRICT PLAN 41637

40302050 10

SCALE 1:500

50 Metres

PID: 014-642-913CLIENT: SUNCO GROUP OF COMPANIESCIVIC ADDRESS: 2311 CARRINGTON ROAD

HORIZONTAL COORDINATE SYSTEM: UTM 11 NAD83(CSRS)VERTICAL DATUM: CGVD28

REFER TO THE CURRENT STATE OF TITLE FOR CHARGES, LIENS, AND INTERESTS AFFECTINGTHIS LAND.

Exhibit “D” Unit Entitlement

Strata Property Act PROPOSED FORM V

SCHEDULE OF UNIT ENTITLEMENT

(Sections 245(a), 246, 264)

Re: Preliminary Phase 1 Strata Plan EPS5603, being a strata plan of

014-642-913 Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

STRATA PLAN CONSISTING ENTIRELY OF RESIDENTIAL STRATA LOTS

The unit entitlement for each residential strata lot is one of the following [check appropriate box], as set out in the following table:

☒ (a) the habitable area of the strata lot, in square metres, rounded to the nearest whole number as determined by a British Columbia land surveyor as set out in section 246(3)(a)(i) of the Strata Property Act.

Certificate of British Columbia Land Surveyor

I, _____________________, a British Columbia land surveyor, certify that the following table reflects the habitable area of each residential strata lot.

Date: _______________________.

___________________________________

Signature

OR

☐ (b) a whole number that is the same for all of the residential strata lots as set out in section 246 (3) (a) (ii) of the Strata Property Act.

OR

☐ (c) a number that is approved by the Superintendent of Real Estate in accordance with section 246 (3) (a) (iii) of the Strata Property Act.

___________________________________

Signature of Superintendent of Real Estate

Ericc

Draft

Strata Lot No. Sheet No. Habitable Area in m² Unit

Entitlement

%* OF Total Unit

Entitlement of Residential

Strata Lots**

%* OF Total Unit

Entitlement of All Lots**

1 4 120.8 121 2 4 63.9 64 3 4 62.9 63 4 4 62.9 63 5 4 62.9 63 6 4 62.9 63 7 4 54.0 54 8 4 62.9 63 9 4 62.9 63

10 4 62.9 63 11 4 63.9 64 12 4 120.8 121 13 4 120.8 121 14 4 88.7 89 15 4 88.7 89 16 4 88.7 89 17 4 89.6 90 18 4 71.4 71 19 4 167.4 167 20 4 70.5 71 21 4 88.7 89 22 4 88.7 89 23 4 88.7 89 24 4 88.7 89 25 4 120.8 121 26 5 120.8 121 27 5 73.5 74 28 5 62.9 63 29 5 62.9 63 30 5 62.9 63 31 5 62.9 63 32 5 63.8 64 33 5 54.0 54 34 5 62.9 63 35 5 62.9 63 36 5 62.9 63 37 5 73.5 74 38 5 120.8 121 39 5 120.8 121 40 5 88.7 89


Entitlement

%* OF Total Unit


Strata Lots**

%* OF Total Unit


41 5 88.7 89 42 5 88.7 89 43 5 89.6 90 44 5 71.4 71 45 5 167.4 167 46 5 70.5 71 47 5 88.7 89 48 5 88.7 89 49 5 88.7 89 50 5 88.7 89 51 5 120.8 121 52 6 120.8 121 53 6 73.5 74 54 6 62.9 63 55 6 62.9 63 56 6 62.9 63 57 6 62.9 63 58 6 63.8 64 59 6 54.0 54 60 6 62.9 63 61 6 62.9 63 62 6 62.9 63 63 6 73.5 74 64 6 120.8 121 65 6 120.8 121 66 6 88.7 89 67 6 88.7 89 68 6 88.7 89 69 6 89.6 90 70 6 71.4 71 71 6 167.4 167 72 6 70.5 71 73 6 88.7 89 74 6 88.7 89 75 6 88.7 89 76 6 88.7 89 77 6 120.8 121 78 7 159.1 159 79 7 73.5 74 80 7 62.9 63


Entitlement

%* OF Total Unit


Strata Lots**

%* OF Total Unit


81 7 62.9 63 82 7 62.9 63 83 7 62.9 63 84 7 63.8 64 85 7 54.0 54 86 7 62.9 63 87 7 62.9 63 88 7 62.9 63 89 7 73.5 74 90 7 159.1 159 91 7 88.7 89 92 7 88.7 89 93 7 88.7 89 94 7 89.6 90 95 7 71.4 71 96 7 167.4 167 97 7 70.5 71 98 7 88.7 89 99 7 88.7 89

100 7 88.7 89 101 7 88.7 89

Total number of residential

strata lots: 101

Total unit entitlement of

residential strata lots:

8602

* expression of percentage is for informational purposes only and has no legal effect ** not required for a phase of a phased strata plan

Date: ________________________ ___________________________________ Signature of Owner Developer

Strata Property Act PROPOSED FORM V

SCHEDULE OF UNIT ENTITLEMENT

(Sections 245(a), 246, 264)

Re: Preliminary Phase 2 Strata Plan EPS5603, being a strata plan of

014-642-913 Rem Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

STRATA PLAN CONSISTING ENTIRELY OF BOTH RESIDENTIAL AND NONRESIDENTIAL STRATA LOTS

The unit entitlement for each residential strata lot is one of the following [check appropriate box], as set out in the following table:




Date: _______________________.

___________________________________

Signature

OR


OR


___________________________________


Ericc

Draft

Strata Lot No. Sheet No. Habitable Area in m2

Unit Entitlement %* of Total Unit Entitlement of Residential Strata Lots**

%* of Total Unit Entitlement of All Strata Lots**

103 4 103.2 103 104 4 82.1 82 105 4 110.9 111

Total number of residential strata lots: 3

Total unit entitlement of residential strata lots: 296


The unit entitlement for each nonresidential strata lot is one of the following [check appropriate box], as set out in the following table:




Date: _______________________.

___________________________________

Signature

OR


OR


___________________________________


Strata Lot No. Sheet No. Total Area in m2 Unit Entitlement %* of Total Unit Entitlement of Nonresidential Strata Lots**

%* of Total Unit Entitlement of All Strata Lots**

102 3 330.9 1 Total number of nonresidential strata lots: 1

Total unit entitlement of nonresidential strata lots: 1


Date: ________________________ ___________________________________ Signature of Owner Developer

Exhibit “E” Voting Rights

Strata Property Act

PROPOSED FORM W

SCHEDULE OF VOTING RIGHTS

(sections 245(b), 247, 248, 264) Re: Preliminary Phase 1 Strata Plan EPS5603, being a strata plan of

014-642-913 Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637 The strata plan is composed of 0 nonresidential strata lots, and 101 residential strata lots. The number of votes per strata lot is one of the following [check appropriate box], as set out in the following table.

☒ (a) the number of votes per residential strata lot, if any, is 1, and the number of votes per nonresidential strata lot is calculated in accordance with section 247(2)(a)(ii) of the Strata Property Act.

OR

☐ (b) the strata plan is composed entirely of nonresidential strata lots, and the number of votes per strata lot is calculated in accordance with section 247 (2) (b) of the Strata Property Act.

OR

☐ (c) the number of votes per strata lot is approved by the Superintendent of Real Estate in accordance with section 248 of the Strata Property Act.

Strata Lot No. Type of Strata Lot

(Residential or Nonresidential)

Sheet No. Number of Votes

1 Residential 4 1 2 Residential 4 1 3 Residential 4 1 4 Residential 4 1 5 Residential 4 1 6 Residential 4 1 7 Residential 4 1 8 Residential 4 1 9 Residential 4 1

10 Residential 4 1 11 Residential 4 1 12 Residential 4 1 13 Residential 4 1 14 Residential 4 1 15 Residential 4 1

Ericc

Draft




16 Residential 4 1 17 Residential 4 1 18 Residential 4 1 19 Residential 4 1 20 Residential 4 1 21 Residential 4 1 22 Residential 4 1 23 Residential 4 1 24 Residential 4 1 25 Residential 4 1 26 Residential 5 1 27 Residential 5 1 28 Residential 5 1 29 Residential 5 1 30 Residential 5 1 31 Residential 5 1 32 Residential 5 1 33 Residential 5 1 34 Residential 5 1 35 Residential 5 1 36 Residential 5 1 37 Residential 5 1 38 Residential 5 1 39 Residential 5 1 40 Residential 5 1 41 Residential 5 1 42 Residential 5 1 43 Residential 5 1 44 Residential 5 1 45 Residential 5 1 46 Residential 5 1 47 Residential 5 1 48 Residential 5 1 49 Residential 5 1 50 Residential 5 1 51 Residential 5 1 52 Residential 6 1 53 Residential 6 1 54 Residential 6 1 55 Residential 6 1




56 Residential 6 1 57 Residential 6 1 58 Residential 6 1 59 Residential 6 1 60 Residential 6 1 61 Residential 6 1 62 Residential 6 1 63 Residential 6 1 64 Residential 6 1 65 Residential 6 1 66 Residential 6 1 67 Residential 6 1 68 Residential 6 1 69 Residential 6 1 70 Residential 6 1 71 Residential 6 1 72 Residential 6 1 73 Residential 6 1 74 Residential 6 1 75 Residential 6 1 76 Residential 6 1 77 Residential 6 1 78 Residential 7 1 79 Residential 7 1 80 Residential 7 1 81 Residential 7 1 82 Residential 7 1 83 Residential 7 1 84 Residential 7 1 85 Residential 7 1 86 Residential 7 1 87 Residential 7 1 88 Residential 7 1 89 Residential 7 1 90 Residential 7 1 91 Residential 7 1 92 Residential 7 1 93 Residential 7 1 94 Residential 7 1




95 Residential 7 1 96 Residential 7 1 97 Residential 7 1 98 Residential 7 1 99 Residential 7 1

100 Residential 7 1 101 Residential 7 1

Total number of strata lots: 101

Total number of votes: 101

Date: __________________________ _______________________________ _____________________________________ Signature of Owner Developer Signature of Superintendent of Real Estate

Strata Property Act

PROPOSED FORM W

SCHEDULE OF VOTING RIGHTS

(sections 245(b), 247, 248, 264) Re: Preliminary Phase 2 Strata Plan EPS5603, being a strata plan of

014-642-913 Rem Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637 The strata plan is composed of 1 nonresidential strata lots, and 3 residential strata lots. The number of votes per strata lot is one of the following [check appropriate box], as set out in the following table.

☒ (a) the number of votes per residential strata lot, if any, is 1, and the number of votes per nonresidential strata lot is calculated in accordance with section 247(2)(a)(ii) of the Strata Property Act.

OR

☐ (b) the strata plan is composed entirely of nonresidential strata lots, and the number of votes per strata lot is calculated in accordance with section 247 (2) (b) of the Strata Property Act.

OR

☐ (c) the number of votes per strata lot is approved by the Superintendent of Real Estate in accordance with section 248 of the Strata Property Act.


(Residential or Nonresidential) Sheet No.

Number of Votes

102 Nonresidential 3 3.87

103 Residential 4 1

104 Residential 4 1

105 Residential 4 1

Total number of strata lots: 4 Total number of

votes: 6.87

Date: __________________________ _______________________________ _____________________________________ Signature of Owner Developer Signature of Superintendent of Real Estate

Ericc

Draft

Exhibit “F” Bylaws

Form Y Strata Property Act

OWNER DEVELOPERS' NOTICE OF DIFFERENT BYLAWS

(Section 245 (d), Regulation section 14.6 (2))

Re: Strata Plan _______________, being a strata plan of

PID 014-642-913, Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

As permitted by section 120 of the Act, the Standard Bylaws to the Strata Property Act are replaced with the Bylaws attached hereto.

Date: ........................................................... ....................................................................... Signature of Owner Developer

Bylaws of the Owners, Strata Plan EPS______ CENTRO

These bylaws replace the Standard Bylaws of the Strata Property Act.

DIVISION 1 – SEPARATE SECTIONS 1 Definitions “Commercial Building” means the building located on the west side of the property that contains three residential Strata Lots and three commercial Strata Lots; “Commercial Section” has the meaning described in bylaw 3; “Commercial Strata Lots” means Strata Lots 1-3 shown on Strata Plan ________; “Residential Building” means the building located on the east side of the property that contains 104 residential Strata Lots; “Residential Section” has the meaning described in bylaw 2; “Residential Strata Lots” mean Strata Lots 4-107 shown on Strata Plan ________; Residential Section

2 All the Residential Strata Lots in the strata plan shall be a separate section (the “Residential Section”) within the strata corporation for the purpose of representing the different interests of the owners of Residential Strata Lots.

Commercial Section

3 All the Commercial Strata Lots in the strata plan shall be a separate section (the “Commercial Section”) within the strata corporation for the purpose of representing the different interests of the owners of Commercial Strata Lots.

Executive of Separate Sections

4(1) The executive of each separate section shall be elected by the owners within that separate section and shall:

(a) Consist of not less than two (2) or more than seven (7) owners;

(b) Have a chairperson and a vice-chairperson;

(c) Conduct its affairs in the same manner as the council is required to conduct its affairs pursuant to the Strata Property Act and these Bylaws;

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(2) If there are less than three (3) strata lots or less than three (3) owners in a separate section, the executive of that separate section shall consist of all the owners within that separate section.

(3) The owner/developer will exercise the powers and duties of the executive of each separate section until an executive is elected by the owners within the separate section.

(4) The powers and duties of the separate section shall, subject to any restriction imposed or any direction given at a meeting of the separate section, be exercised and performed by the executive of the separate section and the members of the separate section may, pursuant to these Bylaws:

(a) elect an executive;

(b) call and hold a meeting;

(c) pass resolutions

in the same manner as the strata corporation, provided that the strata corporation shall have the right, by resolution of ¾ of the owners entitled to vote at an annual special general meeting, to overrule a decision of the executive of the separate section which relates to the common property, common assets and common facilities of the strata corporation.

5 The strata corporation bylaws apply to the Residential Section and the Commercial Section unless a bylaw has been amended by the Residential Section or the Commercial Section in accordance with the Strata Property Act.

Repair and Maintenance by Separate Sections

6 The Residential Section must repair, maintain and replace the following:

(a) The entirety of the common property and common assets contained within or that forms part of the Residential Building, including the underground parking/garage, and the limited common property which the strata corporation is responsible to repair;

(b) For greater certainty, the Commercial Section is not responsible for any repair, maintenance or replacement of the Residential Building.

7 The Commercial Section must repair, maintain and replace the doors and windows on the exterior of the Commercial Strata Lots and any heating, ventilation and/or air conditioning systems specifically servicing the Commercial Strata Lots.

8 Excepting the responsibilities of the Commercial Section set out in bylaw 7, the strata corporation will be responsible for and must repair and maintain the common property and

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common assets contained within or that forms part of the Commercial Building, including the limited common property which the strata corporation is responsible to repair.

9 In addition, the strata corporation must repair and maintain all common property and common assets that are not the responsibility of the Residential Section or the Commercial Section as set out in these bylaws or the Strata Property Act.

Operation of Business 10(1) Subject to bylaw 19, the strata corporation, the council and the owners of any of the strata lots shall not do any act or thing, including, without limitation, passing any bylaw or rule of the strata corporation, to restrict or impair the use or operation of any business located in any Commercial Strata Lot from being conducted in any manner permitted by the City of West Kelowna and in accordance with all other applicable laws, regulations and permits.

(2) The owners and occupiers of the Commercial Strata Lots will use reasonable efforts to

ensure that any business or undertaking carried on by them will not cause a nuisance or disturbance to any owner or occupier of any of the Residential Strata Lots or any other Commercial Strata Lot, having regard to the nature of the development as a whole.

(3) Subject to bylaw 19, the strata corporation will not pass any bylaws or rules which

prohibit, or do any act or thing, which may prevent or impair an owner, occupier or tenant of a Commercial Strata Lot from leasing, subleasing, granting a license, entering into any lease, sublease or license arrangement with respect to the use of a Commercial Strata Lot.

DIVISION 2 - DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS

Payment of strata fees

11(1)An owner must pay strata fees on or before the first day of the month to which the strata fees relate. An owner must pay a special levy as set out in the resolution. If an owner fails to pay strata fees or a special levy at the required time the strata corporation may charge interest at the rate of 10% per annum compounded annually.

(2)The owner of a strata lot for which a cheque or automatic debit does not clear will be charged the financial service charge.

(3)If the strata corporation incurs legal or other costs in order to collect strata fees or special levies in relation to a strata lot, the owner of the strata lot will be responsible to reimburse the strata corporation for the full amount of the costs incurred by the strata corporation.

(4)Additional assessments, fines authorized by these bylaws, banking charges, filing costs, legal expenses, interest charges and any other expenses incurred by the strata corporation to enforce these bylaws, shall become part of the assessment of the owners and shall become due and payable on the first day of the next month following, except

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that any amount owing other than strata fees, special levies, interest, reimbursement of the cost of work ordered by a public or local authority, or the strata lot’s share of a judgment will be calculated as a separate component of such assessment and the strata corporation may not register a lien on behalf of such separate component.

(5)Within three weeks of distribution of the minutes of an annual general meeting, each owner must provide the council with post-dated cheques in the amount of their monthly assessed strata fees for the 12 months following the annual general meeting, not including any months for which strata fees have already been paid. The post-dated cheques must refer to the strata lot number to which they apply. Upon request, following the sale of a strata lot, the strata corporation will return to the vendor any undeposited cheques which are dated subsequent to the closing date. Within 7 days of the closing date, a purchaser must provide the strata corporation with postdated cheques for the balance of the months of the fiscal year for which strata fees have not been paid. Nothing in this subsection shall be construed as modifying subsection (1) or the date that strata fees are due or payable.

(6)An owner who provides authorization as required to maintain automated preauthorized debit of their strata fees and does not owe any funds to the strata corporation is not required to comply with subsection (5).

Repair and maintenance of property by owner

12(1)An owner must repair and maintain the owner’s strata lot, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws.

(2)An owner who has the use of limited common property must repair and maintain it, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws.

(3)Without limiting the generality of subsection (2), the non-structural maintenance, repair, and cleaning of the interior portions of the patios and decks which have been designated as limited common property for the benefit of a strata lot, will be the responsibility of such strata lots.

(4)An owner shall promptly carry out all work that may be ordered by any competent public or local authority in respect of his strata lot.

Use of property

13(1)An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that:

(a) causes a nuisance or hazard to another person,

(b) causes unreasonable noise,

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(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot,

(d) is illegal, or

(e) is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan.

(2)An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

(3)No owner, tenant, occupant or visitor shall:

(a) permit, store, erect, or hang over or cause to be erected or to remain outside any window, door or deck or any other part of a strata lot, the common property or limited common property, satellite dishes, clothes lines, garbage disposal equipment, recreational or athletic equipment including bicycles, barriers, partitions, awning, shades or screens,

(b) allow a patio or deck to become untidy or unsightly or place or store any item on a patio or deck except natural gas or electric barbecues, patio furniture and decorative plants. Open flame torches, heaters or other appliances and all barbecues other than natural gas or electric are prohibited.

(c) trespass or permit an employee or agent to trespass on the part of the strata lot

to which another owner is entitled to exclusive use,

(d) subject to bylaw 20, use or permit the use of a residential strata lot other than as a single-family residential dwelling,

(e) drive on or park on any part of residential strata lot or common property other

than the private driveway, parking stall or garage,

(f) use a driveway for any purpose other than ingress and egress,

(g) use a garage or parking area for any other purpose other than the parking of an insured motor vehicle which does not exceed the dimensions of a private automobile, van or pickup,

(h) park motor homes, campers, trailers, boats or equipment on the common

property other than in areas, if any, as specified by the council from time to time,

(i) wash vehicles or perform maintenance on any vehicle in such manner that will cause nuisance or annoyance to other owners or occupiers,

(j) obstruct or use the sidewalks, walkways, passages, driveways or the common

property for any purpose other than that for which each was designed and as

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access to, or egress from, the strata lots and facilities within the common property,

(k) hang laundry or washing in such a way as to be visible from the outside of a

strata lot,

(l) install any blind, drape, curtain or liner for which the outside face is colored other than a color which is solid: white; off white or bone;

(m) keep or accumulate or permit to be kept or accumulated any debris, refuse, or

waste material upon the strata lot or the common property which may be visible to others. All refuse must be placed in the proper containers provided by the strata corporation for the deposit of refuse and recyclable items,

(n) use any instrument or device within a strata lot, the common property or limited

common property which in the opinion of the council causes disturbance or interferes with the comfort of other owners or occupiers,

(o) use, keep or store anywhere on the common property, limited common property

or strata lot any type or size of propane tank be it empty, full or partially filled.

(4) No owner, tenant, occupant or visitor shall be permitted to smoke anywhere on the common or limited common property of all Residential and Commercial units. Smoking shall only be allowed within the strata lot.

(5) Residential Rentals

(a) Prior to possession of a strata lot by a tenant, an owner must deliver to the tenant the current bylaws and rules of the strata corporation and a notice of tenant’s responsibilities in Form K.

(b) Within two weeks of renting a strata lot, a landlord must give the strata

corporation a copy of the Form K – notice of the tenant’s responsibility signed by the tenant, in accordance with section 146 of the Act.

(c) Subleases of any strata lot are prohibited. (d) Rental of strata lots must be for a minimum term of three (3) months.

Pets 14(1)An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset. Any litter deposited by the animal must be removed forthwith from the strata lot or the common property by the owner.

(2)An owner, tenant or occupant must not keep any pets on a strata lot other than of the following:

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(a) a reasonable number of fish or other small aquarium animals, (b) a reasonable number of small caged mammals,

(c) up to two caged birds,

(d) either:

i. Up to two dogs; or ii. Up to two cats; or iii. One cat and one dog.

(3)If the council receives a complaint about a pet, the council will notify the owner pursuant to section 135 of the Act. If requested, a bylaw enforcement hearing will be held in accordance with the provisions of the Act. At the end of the hearing, the council may take no action, fine the owner, require the person to pay the costs of remedying the contravention, or order the immediate removal of the pet from the strata lot in which case the pet will be immediately removed. The owner of the pet will be advised about the outcome of the hearing in writing. If the pet poses any danger in the opinion of the Strata Council (after a complaint in writing is received), the pet can be ordered off the Strata Property while the bylaw complaint process is underway.

(4) Notwithstanding any other provision in the bylaws, the following animals are not permitted within the bounds of the strata plan:

a) Reptiles b) Arachnids c) Venomous animals d) Exotic animals e) Mated pairs of fertile animals and/or animals kept for the purpose of breeding

The exception of not more than two domesticated pets per strata lot, including caged animals, cats or dogs subject to the further restrictions set out in the bylaws

Owners, tenants, occupants and visitors must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset. The owners of pets shall be fully responsible for the behaviour of all pets within the strata lots and common property. The owner of the strata lot will be responsible for clean-up, damage or repair required or caused by the presence of their pets or the pets of their guests in the development. Pets must not be kept or left unattended and/or unsecured on common property, including limited common property.

No vicious dogs are permitted in the strata lot or on any portion of the common property. For the purposes of this bylaw a vicious dog means the following:

a) Any dog that has killed or injured any person or another animal while running at large and

b) Any dog that aggressively harasses or pursues another person or animal while running at large

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It is the responsibility of each strata lot owner to ensure that the pets belonging to the owner of their co-occupants, tenants, agents, invitees, guests and/or visitors shall not cause a nuisance to any resident, damage to any strata lot, common property, or personal property, or injury or death. The strata lot owner must fully indemnify the Strata Corporation for any liability incurred as a result of the pets presence within the bounds of the strata plan, including the Strata Corporation’s legal costs on a “solicitor and their client” basis.

Inform strata corporation

15(1)Within two weeks of becoming an owner, an owner must inform the strata corporation of the owner’s name, strata lot number and mailing address outside the strata plan, if any.

(2)On request by the strata corporation, a tenant must inform the strata corporation of his or her name.

Obtain approval before altering a strata lot

16(1)An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following:

(a) the structure of a building, (b) the exterior of a building,

(c) chimneys, stairs, patios, decks or other things attached to the exterior of the

building,

(d) doors or windows on the exterior of a building, or that front on the common property,

(e) fences, railings or similar structures that enclose a patio, deck or yard,

(f) common property located within the boundaries of a strata lot,

(g) those parts of the strata lot whish the strata corporation must insure under

section 149 of the Act, (h) replacing floor coverings in any Residential Strata Lot. All floor covering

replacements must be of equal or better sound absorbing quality to that which was supplied with the strata lot by the owner developer. Failure by an owner to obtain the appropriate consents for replacement floor coverings could result in the strata corporation demanding that the floor coverings be replaced, at the sole cost and expense of the owner in default, if it is deemed that the replacement floor coverings creates additional noise which detrimentally affects the quiet enjoyment of adjacent owners. No hardwood or other hard flooring is

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allowed in bedrooms unless there is underlay with a sound proofing rating equal to or in excess of IIC 71 and STC 66.

(2)The strata corporation must not unreasonably withhold its approval under subsection (1), but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

Obtain approval before altering common property

17(1)An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets.

(2)The strata corporation may withhold its consent to any alteration to the common property without reason.

(3)The strata corporation may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

Permit entry to strata lot

18(1)An owner, tenant, occupant or visitor must allow a person authorized by the strata corporation to enter the strata lot:

(a) in an emergency, without notice, to ensure safety or prevent significant loss or damage,

(b) at reasonable time, on 48 hours’ written notice:

(i) to inspect, repair or maintain common property, common assets and any

portions of a strata lot that are the responsibility of the strata corporation to repair and maintain under these bylaws or insure under section 149 of the Act, or

(ii) to ensure compliance with the Act and the bylaws.

(2)The notice referred to in subsection 1(b) must include the date and approximate time of entry, and the reason of entry.

(3)If an owner, tenant or occupant, after receiving the notice referred to in subsection 1(b) fails or refuses to permit entry for the purpose of inspecting any fire alarm or suppression system, the owner must contact the strata corporation to set up a second date at the owner’s expense.

Commercial Strata Lots

19(1)Owners, occupiers and tenants of Commercial Strata Lots may install displays in their strata lots which are visible from the exterior of their strata lots, provided such displays are inside and face the windows, are constructed from new materials and are

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maintained in a first-class condition. Handwritten signs and paper signs of poor quality are not permitted at any time.

(2)An owner, occupier or tenant of a Commercial Strata Lot shall be entitled to place on the common property advertising signage, illuminated or not, without the approval or consent of the strata corporation or the Residential Strata Lots, as may be permitted under the applicable zoning bylaws of the City of West Kelowna in effect from time to time.

(3)The strata corporation, the council and the owners of any of the strata lots shall not do any act or thing, including, without limitation, passing any bylaw or rule of the strata corporation, to restrict or impair the placing of advertising signage by a Commercial Strata Lot being placed in any manner permitted by the City of West Kelowna and in accordance with all other applicable laws, regulations and permits.

Conducting business from a residential strata lot

20 No owner, tenant, occupier or visitor may carry on a trade or business upon a Residential Strata Lot except a Minor Home Based Business as defined by the City of West Kelowna Zoning Bylaw 0154. An owner, tenant, occupier or visitor of a Residential Strata Lot must notify the council of his/her intention to carry on a trade or business and will, at the request of the council, place additional insurance at his/her sole cost and indemnify the strata corporation from any loss or claims arising from the carrying on of a business from the Residential Strata Lot. The council may demand that an owner cease the operation of a Minor Home Based Business, if in its opinion, acting reasonable, such business causes a nuisance to other owners.

Moving

21(1)With regard to the Residential Strata Lots only, moving, or accepting delivery of boxed personal effects, furniture and/or appliances (‘Moves’) are restricted as follows:

(a) 48 hours advance notice must be provided to the strata manager to permit installation of pads in the elevator (if required), and arrange for an elevator key to be provided (if above the first floor). A refundable $100 user fee is required for the use of the elevator key,

(b) Moves are restricted to between the hours of 8:00 am and 11:00 pm,

(c) all moves must occur through the back door,

(d) except for the delivery of single items that do not require an access door to remain open, an owner or tenant must hire a security guard or recruit a person to monitor all open doors at all times during the move,

(e) disruption to other residents must be minimized, and the elevator must be made

available during the move to anyone with restricted mobility,

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(f) delivery and moving trucks and/or similar vehicles may not be driven into the underground parking garage.

(2) With respect to the Residential Strata Lots only, a move-in fee of $100 applies for any move in or change in occupancy and will be applied to the cost to install and remove elevator curtains. Payment of the fee does not absolve the payee of responsibility to remedy any damage caused to the common property.

Indemnification and insurance deductible

22(1) An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to a strata lot, common property, limited common property or common assets or from liability for which the owner, any member of his or her family or tenant or their guests, servants, agents and invitees is responsible but only to the extent that such expense is not met by the proceeds of insurance carried by the strata corporation.

(2)In the event that loss or damage occurs to common property, limited common property, common assets or any strata lot gives rise to a valid claim under the strata corporation’s insurance policy, the owner shall reimburse the strata corporation for the deductible portion of the insurance claim if the owner is responsible for the loss or damage that gave rise to the claim.

(3)Where an owner, tenant, occupant or visitor does or permits anything to be done that is illegal or for any reason invalidates the strata corporation’s insurance, the owner must indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement of any damage to the common property, limited common property, common assets or strata lots.

(4)For the purpose of this bylaw, any costs for which a strata lot owner is responsible shall be considered as an expense chargeable to the owner and shall be added to and become part of the assessment of that owner for the month next following the date on which the expense was incurred and shall become due and payable on the date of payment of the monthly assessment.

(5)An owner who fails to pay the deductible or the cost of repair or remedying the loss or damage when due shall reimburse the strata corporation and save it harmless against any and all costs and expenses required to collect such reimbursement, whether by Court action or other means.

(6)Without limiting the generality of subsections (1) and (2), an owner will be considered to be responsible for the loss or damage if caused or occurring as a result of:

(a) any of the following items in their strata lot: (i) dishwasher, (ii) refrigerator with ice/water dispensing capabilities, (iii) hot water tank, (iv) toilets, sinks, bathtubs and fixtures, (v) fireplaces,

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(vi) anything introduced into the strata lot by the owner, (vii) any alterations to the strata lot made by the owner or by prior owners, (viii) damage arising from a blocked drain inside the strata lot designated for

the exclusive use of the owner.

(b) any alterations or additions to limited common property or common property undertaken by the owner or by prior owners of the strata lot,

(c) any children residing in or visiting the owner’s strata lot.

DIVISION 3 – POWERS AND DUTIES OF STRATA CORPORATION Repair and maintenance of property by Strata Corporation

23(1)Subject to the responsibilities of the Residential Section and the Commercial Section, the strata corporation must repair and maintain all of the following:

(a) common assets of the strata corporation,

(b) common property that has not been designated as limited common property,

(c) a strata lot, but the duty to repair and maintain it is restricted to:

(i) the structure of a building, (ii) the exterior of a building, (iii) chimneys, stairs, decks and other things attached to the exterior of a

building, (iv) doors and windows on the exterior of a building or that front on the

common property, (v) fences, railings and similar structures that enclose patios, decks balconies

and yards.

(d) limited common property, but the duty to repair and maintain it is restricted to: (i) repair and maintenance of limited common property other than patios and

decks that in the ordinary course of events occurs less often than once a year,

(ii) structural repairs of patios and decks, (iii) the following, no matter how often the repair or maintenance ordinarily

occurs: (a) the structure of a building, (b) the exterior of a building, (c) chimneys, stairs balconies and other things attached to the exterior of

a building, (d) doors, windows and skylights on the exterior of a building or that front

on the common property, and, (e) fences, railings and similar structures that enclose patios, decks and

yards.

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DIVISION 4 – COUNCIL

Council size

24(1)The council must have at least 3 and not more than 7 members.

(2)No person will be entitled to be elected to council or continue to stand on council if the strata corporation is entitled to register a lien against that strata lot under section 116 of the Act.

Council members’ terms

25(1)The term of office of a council member ends at the end of the annual general meeting at which the new council is elected.

(2)A person whose term as council member is ending is eligible for reelection.

(3)In the election of council members held after the second annual general meeting, the

members elected to fill the vacant positions must be elected for a term of two years.

Removing a council member

26(1)The strata corporation, may, by a resolution passed by a majority vote at an annual or special meeting, remove one or more council members.

(2)After removing a council member, the strata corporation must hold an election at the same annual or special general meeting to replace the council member for the remainder of the term.

Replacing council member

27(1) If a council member resigns or is unwilling or unable to act for a period of 2 or more

months, the remaining members of the council may appoint a replacement council member for the remainder of the term.

(2)A replacement council member may be appointed from any person eligible to sit on the council.

(3)The council may appoint a council member under this section even if the absence of the member being replaced leaves the council without a quorum.

(4)If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the strata corporation's votes may hold a special general meeting to elect a new council by complying with the provisions of the Act, the regulations and the bylaws respecting the calling and holding of meetings.

Officers

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28(1)At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer.

(2)A person may hold more than one office at a time, other than the offices of president and vice-president.

(3)The vice-president has the powers and duties of the president:

(a) while the president is absent or is unwilling or unable to act, or

(b) for the remainder of the president’s term if the president ceased to hold office.

(4)If an officer other than the president is unwilling or unable to act for a period of 2 or more months, or misses 3 meetings in a row, the council members may appoint a replacement officer from among themselves for the remainder of the term.

Calling council meetings

29(1)Any council member may call a council meeting by giving the other council members at least one week’s notice of the meeting, specifying the reason for calling the meeting.

(2)The notice does not have to be in writing.

(3)A council meeting may be held on less than one week’s notice if:

(a) all council members consent in advance of the meeting, or

(b) the meeting is required to deal with an emergency situation, and all council members either:

(i) consent in advance of the meeting, or (ii) are unavailable to provide consent after reasonable attempts to contact

them.

(4)The council must inform owners about a council meeting as soon as possible after the meeting has been called.

Quorum of council

30(1)A quorum of the council is:

(a) 1, if the council consists of one member, (b) 2, if the council consists of 2, 3, or 4 members, (c) 3, if the council consists of 5, 6, or 7 members

(2)Council members must be present in person at the council meeting or by electronic means to be counted in establishing quorum.

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Council Meetings

31 (1)At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.

(2)If a council meeting is held by electronic means (including email exchange), council members are deemed to be present in person.

(3)Owners may attend council meetings as observers.

(4)Despite subsection (3), no observers may attend those portions of council meetings that deal with any of the following:

(a) bylaw contravention hearings under section 135 of the Act, (b) rental restriction bylaw exemption hearings under section 144 of the Act, (c) and other matters if the presence of observers would, in the council’s opinion,

unreasonably interfere with an individual’s privacy.

Voting at Council Meetings

32(1)At council meetings, decisions must be made by a majority of council members present in person at the meeting.

(2)If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.

(3)The results of all votes at a council meeting must be recorded in the council meeting minutes.

Council to inform owners of minutes 33The council must inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or not the minutes have been approved.

Delegation of council’s powers and duties

34(1)Subject to subsections (2) to (4), the council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council, and may revoke the delegation.

(2)The council may delegate its spending powers or duties, but only by a resolution that

(a) delegates the authority to make an expenditure of a specific amount for a specific purpose, or

(b) delegates the general authority to make expenditures in accordance with subsection (3).

(3)A delegation of a general authority to make expenditures must:

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(a) set a maximum amount that may be spent, and

(b) indicate the purposes for which, or the conditions under which, the money may

be spent.

(4)The council may not delegate its powers to determine, based on the facts of a particular case:

(a) whether a person has contravened a bylaw or rule,

(b) whether a person should be fined, and the amount of the fine, or (c) whether a person should be denied access to recreational facility.

Spending Restrictions

35(1) A person may not spend the strata corporation’s money unless the person has been delegated the power to do so in accordance with these bylaws.

(2)Despite subsection (1), a council member may spend the strata corporation’s money to repair or replace common property or common assets if the repair or replacement is immediately required to ensure safety or prevent significant loss or damage.

Limitation on liability of council member

36(1)A council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power or the performance or intended performance of any duty of the council.

(2)Subsection (1) does not affect a council member’s liability, as an owner, for a judgment against the strata corporation.

DIVISION 5 – ENFORCEMENT OF BYLAWS AND RULES

Maximum Fine

37(1)Except where specifically stated to be otherwise in these bylaws, the strata corporation may fine an owner or tenant:

(a) $200 for each contravention of a bylaw, and

(b) $50 for each contravention of a rule.

Continuing contravention

38 If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than 7 days, a fine may be imposed every 7 days.

17

DIVISION 6 – ANNUAL AND SPECIAL GENERAL MEETINGS

Person to chair meeting

39(1)Annual and special general meetings must be chaired by the president of the council.

(2)If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.

(3)If neither the president nor the vice president of the council chairs the meeting, a chair must be elected by the eligible voters present in person or by proxy from among those persons who are present at the meeting.

Participation by other than eligible voters

40(1)Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.

(2)Persons who are not eligible to vote, including tenants and occupants, may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting.

(3)Persons who are not eligible to vote, including tenants and occupants, must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting.

Quorum

41(1)Quorum for an annual or special general meeting shall be the eligible voters holding 1/3 of the strata corporation’s votes present in person or by proxy.

(2)If at the time appointed for a general meeting, a quorum is not present, the meeting shall stand adjourned for a period of 20 minutes whereupon the meeting shall be reconvened and the persons present in person or by proxy and entitled to vote at any time during the meeting shall constitute a quorum.

Voting 42(1)At an annual or special general meeting, voting cards must be issued to eligible voters.

(2)At an annual or special general meeting a vote is decided on a show of voting cards, unless an eligible voter requests a precise count.

(3)If a precise count is requested, the chair must decide whether it will be show of voting cards or by roll call, secret ballot or some other method.

(4)The outcome of each vote, including the number of votes for and against the resolution if a precise count is requested, must be announced by the chair and recorded in the minutes for the meetings.

18

(5)Despite anything in this section, an election of council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.

(6)An owner will not be entitled to vote at a general meeting except on matters requiring a unanimous vote if the strata corporation is entitled to register a lien against that strata lot under section 116 of the Act.

Order of business 43(1)The order of business at annual and special general meetings is as follows:

(a) certify proxies and corporate representatives and issue voting cards,

(b) determine that there is a quorum,

(c) elect a person to chair the meeting, if necessary,

(d) present to the meeting proof of notice of meeting or waiver of notice,

(e) approve the agenda,

(f) approve the minutes from the last annual or special general meeting,

(g) deal with unfinished business,

(h) receive reports of council activities and decisions since the previous annual general meeting, including reports of committees, if the meeting is an annual general meeting,

(i) ratify any new rules made by the strata corporation under section 125 of the

Act,

(j) report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting,

(k) approve the budget for the coming year in accordance with section 103 of the

Act, if the meeting is an annual general meeting,

(l) deal with new business, including any matters about which notice has been given under section 45 of the Act,

(m) elect a council, if the meeting is an annual general meeting,

(n) terminate the meeting.

DIVISION 7 – EXPENSES

19

Common expenses 44 Contributions to the operating fund that relate to and benefit only one type of strata lot will be shared by only owners of that type of strata lot on the basis of unit entitlement unless a unanimous agreement has been approved which sets out a different cost sharing formula.

DIVISION 8 – VOLUNTARY DISPUTE RESOLUTION

Voluntary dispute resolution

45(1)A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if:

(a) all the parties to the dispute consent, and

(b) the dispute involves the Act, the regulations, the bylaws or the rules.

(2)A dispute resolution committee consists of:

(a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or

(b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.

(3)The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

DIVISION 9 – MARKET ACTIVITIES BY OWNER DEVELOPER

Display Lot

46(1) An owner developer who has an unsold strata lot may carry on sales functions that relate to its sale, including the posting of signs. (2) An owner developer may use a strata lot, that the owner developer owns or rents, as a display lot for the sale of other strata lots in the strata plan.

Exhibit “G” Proposed Budget and Monthly Assessments

Residential CommercialAccount REVENUES All units Units Total

4500 Strata Fees Type 149,283.20 174,570.00 2,365.00 326,218.20

149,283.20 174,570.00 2,365.00 326,218.20

EXPENDITURESGeneral Type

6008 Elevator Residential 8,000.00 8,000.00 6000 Repairs & Maintenanc Common 7,000.00 7,000.00 500.00 14,500.00 6014 Landscaping/Irrigation Common 15,000.00 - 15,000.00 6068 HVAC & Hot Water - Apartments Residential 3,000.00 4,000.00 - 7,000.00 6016 Cleaning & Janitorial - Apartments Common - 25,000.00 - 25,000.00

Snow Removal Common 6,500.00 - 6,500.00 6116 Garbage & Recycling Common 20,000.00 - 20,000.00

Gym Equipment Lease/Maint Common 12,000.00 12,000.00 6065 Window Cleaning Common - 5,000.00 500.00 5,500.00 6070 Signage Comm 1,000.00 - 1,000.00 6023 Fire System Common 6,000.00 - 6,000.00

Utilities - 6113 Water & Sewer Common - 30,000.00 1,000.00 31,000.00 6120 Telephone (Sec,Enterphone,Elev) Residential 2,700.00 - 2,700.00 6101 Electrcity Common 2,000.00 40,000.00 - 42,000.00 6107 Heating -Gas/Electric Residential 25,000.00 - 25,000.00

Administration - 6215 Management Fee Residential 23,712.00 23,712.00 6206 Supplies, Postage & Copies Common 500.00 50.00 550.00

Insurance Common 50,000.00 - 50,000.00 Miscellaneous -

6460 Miscellaneous Common 1,000.00 100.00 1,100.00 -

135,712.00 158,700.00 2,150.00 296,562.00 EXCESS / (DEFICIENCY) OF REVENUES

6401 CRF 13,571.20 15,870.00 215.00 29,656.20

Net Balance - - - -

CENTROFirst Year Budget

Page 2

Strata LotNo.

Suite No.% of Unit

EntitlementAll Units

Share of Common

Budget all units

% of Unit EntitlementResidential

Units

Share of Residential

Budget

% of Unit EntitlementCommercial

Units

Share of Commercial

Budget

Interim Strata Fees

1 123 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.932 124 0.69% 86.27 0.719% 104.63 0.000% 0.00 $190.903 125 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.924 126 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.925 127 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.926 128 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.927 104 0.59% 72.79 0.607% 88.29 0.000% 0.00 $161.088 105 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.929 106 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.92

10 107 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9211 108 0.69% 86.27 0.719% 104.63 0.000% 0.00 $190.9012 109 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9313 110 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9314 111 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4815 112 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4816 113 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4817 114 0.98% 121.32 1.011% 147.14 0.000% 0.00 $268.4618 115 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7819 116 1.81% 225.11 1.877% 273.03 0.000% 0.00 $498.1420 117 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7821 118 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4822 119 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4823 120 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4824 121 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4825 122 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9326 220 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9327 221 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7328 222 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9229 223 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9230 224 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9231 225 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9232 226 0.69% 86.27 0.719% 104.63 0.000% 0.00 $190.9033 201 0.59% 72.79 0.607% 88.29 0.000% 0.00 $161.0834 202 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9235 203 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9236 204 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9237 205 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7338 206 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9339 207 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9340 208 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.48

CENTROFirst Year Budget

Page 3

Strata LotNo.

Suite No.% of Unit


Share of Common

Budget all units


Units


Budget


Units

Share of Commercial

Budget

Interim Strata Fees

41 209 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4842 210 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4843 211 0.98% 121.32 1.011% 147.14 0.000% 0.00 $268.4644 212 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7845 213 1.81% 225.11 1.877% 273.03 0.000% 0.00 $498.1446 214 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7847 215 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4848 216 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4849 217 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4850 218 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4851 219 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9352 320 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9353 321 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7354 322 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9255 323 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9256 324 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9257 325 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9258 326 0.69% 86.27 0.719% 104.63 0.000% 0.00 $190.9059 301 0.59% 72.79 0.607% 88.29 0.000% 0.00 $161.0860 302 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9261 303 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9262 304 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9263 305 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7364 306 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9365 307 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9366 308 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4867 309 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4868 310 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4869 311 0.98% 121.32 1.011% 147.14 0.000% 0.00 $268.4670 312 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7871 313 1.81% 225.11 1.877% 273.03 0.000% 0.00 $498.1472 314 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7873 315 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4874 316 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4875 317 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4876 318 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4877 319 1.31% 163.10 1.360% 197.83 0.000% 0.00 $360.9378 418 1.72% 214.32 1.787% 259.95 0.000% 0.00 $474.2879 419 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7380 420 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9281 421 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9282 422 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9283 423 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9284 424 0.69% 86.27 0.719% 104.63 0.000% 0.00 $190.90

Page 4

Strata LotNo.

Suite No.% of Unit


Share of Common

Budget all units


Units


Budget


Units

Share of Commercial

Budget

Interim Strata Fees

85 401 0.59% 72.79 0.607% 88.29 0.000% 0.00 $161.0886 402 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9287 403 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9288 404 0.68% 84.92 0.708% 103.00 0.000% 0.00 $187.9289 405 0.80% 99.75 0.832% 120.98 0.000% 0.00 $220.7390 406 1.72% 214.32 1.787% 259.95 0.000% 0.00 $474.2891 407 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4892 408 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4893 409 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4894 410 0.98% 121.32 1.011% 147.14 0.000% 0.00 $268.4695 411 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7896 412 1.81% 225.11 1.877% 273.03 0.000% 0.00 $498.1497 413 0.77% 95.70 0.798% 116.08 0.000% 0.00 $211.7898 414 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.4899 415 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.48

100 416 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.48101 417 0.96% 119.97 1.000% 145.51 0.000% 0.00 $265.48102 CRU1 3.59% 446.17 0.000% 0.00 100.000% 197.08 $643.26103 101 1.12% 138.84 1.158% 168.40 0.000% 0.00 $307.24104 102 0.89% 110.53 0.922% 134.06 0.000% 0.00 $244.60105 103 1.20% 149.62 1.247% 181.48 0.000% 0.00 $331.10

Total 26808 100.00% $12,440.27 100.0% $14,547.50 100.000% $197.08 $27,184.85Annual $149,283.20 $174,570.00 $2,365.00 $326,218.20

Strata LotNo.

Suite No.Habitable Area in

m2 Habitable Area in m2 Rounded

%* of Unit Entitlement**

All Units

Unit EntitlementResidential

Only

%* Of Total Entitlement**

Residential Only

Unit Entitlement Commercial

Only

%* of Total Unit Entitlement**

Commercial Only

1 123 120.8 121 1.311% 121 1.3599%2 124 63.9 64 0.693% 64 0.7193%3 125 62.9 63 0.683% 63 0.7080%4 126 62.9 63 0.683% 63 0.7080%5 127 62.9 63 0.683% 63 0.7080%6 128 62.9 63 0.683% 63 0.7080%7 104 54.0 54 0.585% 54 0.6069%8 105 62.9 63 0.683% 63 0.7080%9 106 62.9 63 0.683% 63 0.7080%

10 107 62.9 63 0.683% 63 0.7080%11 108 63.9 64 0.693% 64 0.7193%12 109 120.8 121 1.311% 121 1.3599%13 110 120.8 121 1.311% 121 1.3599%14 111 88.7 89 0.964% 89 1.0002%15 112 88.7 89 0.964% 89 1.0002%16 113 88.7 89 0.964% 89 1.0002%17 114 89.6 90 0.975% 90 1.0115%18 115 71.4 71 0.769% 71 0.7979%19 116 167.4 167 1.810% 167 1.8768%20 117 70.5 71 0.769% 71 0.7979%21 118 88.7 89 0.964% 89 1.0002%22 119 88.7 89 0.964% 89 1.0002%23 120 88.7 89 0.964% 89 1.0002%24 121 88.7 89 0.964% 89 1.0002%25 122 120.8 121 1.311% 121 1.3599%26 220 120.8 121 1.311% 121 1.3599%27 221 73.5 74 0.802% 74 0.8316%28 222 62.9 63 0.683% 63 0.7080%29 223 62.9 63 0.683% 63 0.7080%30 224 62.9 63 0.683% 63 0.7080%31 225 62.9 63 0.683% 63 0.7080%32 226 63.8 64 0.693% 64 0.7193%33 201 54.0 54 0.585% 54 0.6069%34 202 62.9 63 0.683% 63 0.7080%35 203 62.9 63 0.683% 63 0.7080%36 204 62.9 63 0.683% 63 0.7080%37 205 73.5 74 0.802% 74 0.8316%38 206 120.8 121 1.311% 121 1.3599%39 207 120.8 121 1.311% 121 1.3599%40 208 88.7 89 0.964% 89 1.0002%41 209 88.7 89 0.964% 89 1.0002%42 210 88.7 89 0.964% 89 1.0002%43 211 89.6 90 0.975% 90 1.0115%44 212 71.4 71 0.769% 71 0.7979%45 213 167.4 167 1.810% 167 1.8768%46 214 70.5 71 0.769% 71 0.7979%47 215 88.7 89 0.964% 89 1.0002%48 216 88.7 89 0.964% 89 1.0002%49 217 88.7 89 0.964% 89 1.0002%50 218 88.7 89 0.964% 89 1.0002%51 219 120.8 121 1.311% 121 1.3599%52 320 120.8 121 1.311% 121 1.3599%53 321 73.5 74 0.802% 74 0.8316%54 322 62.9 63 0.683% 63 0.7080%55 323 62.9 63 0.683% 63 0.7080%56 324 62.9 63 0.683% 63 0.7080%

Strata LotNo.




All Units


Only


Residential Only


Only


Commercial Only

57 325 62.9 63 0.683% 63 0.7080%58 326 63.8 64 0.693% 64 0.7193%59 301 54.0 54 0.585% 54 0.6069%60 302 62.9 63 0.683% 63 0.7080%61 303 62.9 63 0.683% 63 0.7080%62 304 62.9 63 0.683% 63 0.7080%63 305 73.5 74 0.802% 74 0.8316%64 306 120.8 121 1.311% 121 1.3599%65 307 120.8 121 1.311% 121 1.3599%66 308 88.7 89 0.964% 89 1.0002%67 309 88.7 89 0.964% 89 1.0002%68 310 88.7 89 0.964% 89 1.0002%69 311 89.6 90 0.975% 90 1.0115%70 312 71.4 71 0.769% 71 0.7979%71 313 167.4 167 1.810% 167 1.8768%72 314 70.5 71 0.769% 71 0.7979%73 315 88.7 89 0.964% 89 1.0002%74 316 88.7 89 0.964% 89 1.0002%75 317 88.7 89 0.964% 89 1.0002%76 318 88.7 89 0.964% 89 1.0002%77 319 120.8 121 1.311% 121 1.3599%78 418 159.1 159 1.723% 159 1.7869%79 419 73.5 74 0.802% 74 0.8316%80 420 62.9 63 0.683% 63 0.7080%81 421 62.9 63 0.683% 63 0.7080%82 422 62.9 63 0.683% 63 0.7080%83 423 62.9 63 0.683% 63 0.7080%84 424 63.8 64 0.693% 64 0.7193%85 401 54.0 54 0.585% 54 0.6069%86 402 62.9 63 0.683% 63 0.7080%87 403 62.9 63 0.683% 63 0.7080%88 404 62.9 63 0.683% 63 0.7080%89 405 73.5 74 0.802% 74 0.8316%90 406 159.1 159 1.723% 159 1.7869%91 407 88.7 89 0.964% 89 1.0002%92 408 88.7 89 0.964% 89 1.0002%93 409 88.7 89 0.964% 89 1.0002%94 410 89.6 90 0.975% 90 1.0115%95 411 71.4 71 0.769% 71 0.7979%96 412 167.4 167 1.810% 167 1.8768%97 413 70.5 71 0.769% 71 0.7979%98 414 88.7 89 0.964% 89 1.0002%99 415 88.7 89 0.964% 89 1.0002%

100 416 88.7 89 0.964% 89 1.0002%101 417 88.7 89 0.964% 89 1.0002%102 CRU1 330.9 331 3.587% 331 100%103 101 103.2 103 1.116% 103 1.1576%104 102 82.1 82 0.889% 82 0.9216%105 103 110.9 111 1.203% 111 1.2475%

9211.5 9,229 100.0% 8,898 100% 331 100%

* Expression of percentage is for informational purposes only and has no legal effect**Not required for a phase of a phased strata plan

Date: _____________________________

Strata LotNo.




All Units


Only


Residential Only


Only


Commercial Only

Signature of Owner Developer

Exhibit “H” Strata Management Contract

INITIALS

AGENT STRATA

AGENCY AGREEMENT

THIS AGREEMENT dated for reference as of the ______ day of ________________, 2019. BETWEEN:

THE OWNERS, STRATA PLAN EPS _______, also known as Centro, a Strata Corporation constituted under the laws of British Columbia and located at Carrington Road, West Kelowna, B.C. (hereinafter called the “Strata Corporation”)

OF THE FIRST PART AND:

ASSOCIATED PROPERTY MANAGEMENT (2001) B.C. LTD., a company incorporated under the laws of the Province of British Columbia with offices at #1441 St Paul Street, Kelowna, B.C., V1Y 2E4 (hereinafter called the “Agent”)

OF THE SECOND PART WHEREAS:

A. The Strata Corporation is responsible for the control, management, maintenance and administration of the common property and common assets of the Strata Corporation and all personnel, operations, business and all things and activities comprising or associated with or carried on in the Strata Plan.

B. The Agent has agreed to provide certain services to the Strata Corporation.

C. The Strata Corporation has agreed to contract with the Agent for the purposes of providing services described herein.

WITNESS THEREFORE that in consideration of the sum of Ten ($10.00) Dollars now paid by each party to the other (the receipt and sufficiency whereof is by each hereby acknowledged) and

2

INITIALS

in consideration of the mutual promises contained herein, the parties agree, one with the other, as follows:

Definitions

1. In this Agreement, the following terms shall have the following meanings:

1.1 “Act” means the Strata Property Act and amendments thereto and any regulations adopted pursuant to the Act;

1.2 “Agent” means the strata property agency brokerage described on page 1 hereof;

1.3 “Agent’s Fees” means the fees payable to the Agent pursuant to Clause 5.2 of this Agreement;

1.4 “Agreement” means this agreement, including Schedule A, Schedule B and any other schedules attached hereto, and any amendments thereto;

1.5 “Bylaws” means the bylaws adopted by the Strata Corporation and in effect from time to time;

1.6 “Laws” means all applicable restrictive covenants, zoning ordinances and building codes, health, environmental and safety laws and regulations, and other federal, provincial and other laws, statutes, ordinances, rules, regulations, orders and court decisions;

1.7 “Meetings” means all meetings of the Strata Corporation and Strata Council, including the annual general meeting, special general meeting, committee meetings, arbitrations and mediation hearings, court hearings, or other meetings requiring the Agent’s attendance pursuant to this Agreement;

1.8 “Owners” means the owners of strata lots included in the Strata Plan;

1.9 “RESA” means the Real Estate Services Act and amendments thereto and any regulations or rules adopted pursuant to the Real Estate Services Act;

1.10 “Rules” means the rules made pursuant to sec. 125 of the Act from time to time;

1.11 “Section” means a section of the Strata Corporation created pursuant to Part 11 of the Act;

1.12 “Strata Corporation” means the strata corporation described on page 1 hereof;

1.13 “Strata Council” means the strata council of the Strata Corporation;

1.14 “Strata Plan” means the strata plan filed in the Land Title Office that created the Strata Corporation; and

1.15 “Tax” means the Harmonized Sales Tax and/or the Goods and Services Tax as may be applicable under the Excise Tax Act, Provincial Sales Tax as may be applicable under the

3

INITIALS

Provincial Sales Tax Act and any other applicable tax in replacement or substitution therefor that is applicable to the services provided under this Agreement.

Exclusive Appointment

2. Commencing on the Commencement Date set out in item 1 of Schedule A attached hereto, the Strata Corporation hereby appoints the Agent as its sole and exclusive Agent to provide strata agency services to the Strata Corporation upon the terms and conditions herein contained, and the Agent agrees to serve the Strata Corporation in that capacity in a faithful, diligent and honest manner, subject to the direction of the Strata Council and the terms of this Agreement.

Agent’s Agreement

3. The Agent hereby covenants and agrees with the Strata Corporation as follows:

General

3.1 Agent Services - To furnish the services of the Agent as agent for the Strata Corporation in assisting the Strata Council in managing the affairs of the Strata Corporation;

3.2 Administration - To assist in the administration of the common property and common assets of the Strata Corporation under the direction of the Strata Council;

3.3 Strata Corporation’s Performance - To assist the Strata Council with the performance of all obligations required to be performed by the Strata Corporation pursuant to agreements entered into between the Strata Corporation and any other person, firm or corporation in respect of the affairs of the Strata Corporation;

3.4 Staffing – To provide sufficient staff at the Agent’s expense in order to provide the Agent’s services hereunder. The Agent may designate a representative of the Agent to be the principal contact person between the Agent and the Strata Corporation;

Financial

3.5 Strata Fees - To receive and record in a timely fashion all strata fees, special levies, user fees, contributions to the contingency reserve fund, and other revenues and amounts due to the Strata Corporation;

3.6 Unpaid Strata Fees - To demand and attempt to recover from the Owners, all strata fees, contingency reserve fees, special levies or user fees and any and all other monies from time to time payable by such Owners to the Strata Corporation in any lawful manner howsoever and to make and agree to all just and reasonable abatements, payments and allowances in respect thereof;

3.7 Non-Payment of Strata Fees - To take legal action at the expense of the Strata Corporation for and in the name of the Strata Corporation, to effect the collection of unpaid monthly strata fees, special levies, user fees, contributions to the contingency

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reserve fund and any other monies due to the Strata Corporation and to sign, file and deliver certificates of liens, receipts, certificates, or acknowledgements, all in consultation with the Strata Council;

3.8 Annual Budget – To assist the Strata Council in budgeting the Strata Corporation revenue and expenditures and in determining the appropriate amount of contribution to be paid by each Owner towards operating expenses and the contingency reserve fund as required by the Act and in this regard to furnish annually, an estimate of revenues and expenses;

3.9 Accounting Statement - To provide the Strata Council with a monthly accounting statement of receipts, disbursements, expenses and charges;

3.10 Bank Statement – To provide the Strata Council with a copy of each monthly bank statement for each trust account and a reconciliation of same within 6 weeks after the end of the month to which the statement relates;

3.11 Expenditures – To sign cheques and to otherwise pay from the Strata Corporation’s funds in a timely fashion, all charges, expenses and outgoings whatsoever payable by, or chargeable to the Strata Corporation provided funds are available to make such payments and the Strata Council’s authorization is provided where required;

3.12 Payroll Accounts – To provide payroll accounting for Strata Corporation employees, if necessary, either directly or through a third party service provider and to charge a fee for such services in the amount set forth in item 2 of Schedule A;

3.13 Strata Corporation’s Monies - To deposit all receipts of the Strata Corporation into the appropriate trust account or accounts in accordance with the provisions of RESA, such trust accounts to be separate from the Agent’s corporate accounts and deposited with an institution qualified to engage in the credit union, banking or trust business, and to withdraw funds from or transfer funds between such accounts as may be appropriate. The Agent may transfer such monies between accounts and pooled trust accounts as permitted by RESA and may invest the Strata Corporation’s funds as appropriate and as permitted under RESA and sec. 95 of the Act;

Trust Accounts

3.14 Maintenance of Trust Accounts – To maintain at least one separate trust account in the name of the Strata Corporation, as further specified in item 3 of Schedule A attached hereto;

3.15 Contingency Reserve/Special Levy Trust Accounts - If the Agent is to hold contingency reserve money or special levy money as specified in item 3 of Schedule A, to maintain separate trust accounts for the contingency reserve money and the special levy money;

3.16 Statutory Review of Books - To keep full and detailed books and to make the books available for the annual review of books maintained by the Agent as required by the Real Estate Council of BC pursuant to RESA and to charge the fee specified in item 1 of

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Schedule B, whether or not the Strata Corporation’s books are in fact reviewed in whole or in part, pursuant to the statutory review;

3.17 Strata Corporation’s Audit - To keep full and detailed books and if directed by the Strata Corporation, to arrange for an outside accountant to conduct an audit of the Strata Corporation’s books, at the Strata Corporation’s cost;

3.18 Signing Authority – To ensure that the signing authority of the Agent for the operating fund trust account and/or pooled trust accounts includes at least one managing broker of the Agent. If contingency reserve and/or special levy trust accounts are maintained, two signing authorities shall be required for any transfer of funds, which signing authority may be any two of the following: a managing broker, a licensee, director, officer or accountant of the Agent;

Meetings

3.19 Meetings - To arrange for a representative of the Agent to attend at a mutually agreed time and date, up to the number of Meetings per year set forth in item 4 of Schedule A attached hereto. It being understood however, that the Agent’s attendance over and above the number of Meetings specified in item 4 of Schedule A, or attending at any Meeting of a duration longer than the number of hours specified in item 5 of Schedule A, shall be mutually agreed upon by the parties and the Agent shall be entitled to charge the additional fees shown in Clauses 5.2(b) or 5.2(c) as applicable;

Strata Council

3.20 Strata Council - To consult with and confer fully and freely with the Strata Council (in person at Meetings, or by telephone or email) on behalf of the Strata Corporation in the performance of any of the Strata Council’s duties and to act upon the resolutions of the Strata Council in so far as such resolutions do not conflict with the Act, RESA, any Laws, the Bylaws, the Rules or a direction given by the Strata Corporation;. The receipt by the Agent of written authorization of the Strata Council is sufficient authority for the Agent to so act;

3.21 Assistance to Strata Council – To advise the Strata Council on the Act, and to advise the Strata Council of generally accepted practises throughout the strata agency industry. Such interpretation of the Act to be used by the Strata Council as a guide and shall not be regarded as legal advice;

Records

3.22 Records - To keep full and detailed records of the transactions of the Strata Corporation and to retain the records required to be maintained by sec. 35 of the Act, including the owner registry (save and except any of the prescribed documents not provided to the Agent by the Strata Corporation and any other documents listed in Schedule B), if applicable, for such time as required by RESA or the Act, and to make available for inspection at the request of the Strata Corporation, all of the Strata Corporation’s documents, accounts and records which the Agent may have and to charge an hourly fee

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in the amount specified in item 6 of Schedule A for the supervision of the inspection of such records. Any such material shall be made available to any Owner, after first receiving reasonable notice from the Owner in accordance with the Act, of their intention to inspect the records at the office of the Agent. Subject to compliance with the Act, electronic records may be retained outside British Columbia or Canada, in which case they may be subject to the laws of the jurisdiction in which such records are located.

3.23 Use and Disclosure of Strata Corporation Information and Personal Information of Owners – To collect, use and disclose information respecting the Strata Corporation, including personal information respecting any Owner for any and all purposes related to the management, maintenance and administration of the Strata Corporation and for such other purposes as are appropriate in connection with the performance of the duties of the Agent respecting the affairs of the Strata Corporation, including the provision of documentation and information as required by the Act to facilitate the sale of any strata lot which shall include its distribution to the Owner’s real estate licensees, potential purchasers, purchasers and their conveyancers, governmental authorities, Owners’ mortgagees or other authorized requestors in accordance with the Act;

3.24 Owner/Tenant’s Registry – To maintain a registry of all Owners and tenanted strata lots;

3.25 Minutes – At the request of the Strata Council, to prepare minutes for Meetings at which the Agent is in attendance, and provide the minutes of Strata Council meetings and annual and special general meetings of the Strata Corporation pursuant to the terms and conditions of this Agreement and as prescribed by the Act;

3.26 Correspondence and Forms – To receive and respond to all correspondence as directed by the Strata Council and to sign, file and deliver statutory forms including certificates, receipts, or acknowledgements, all at the direction of the Strata Council;

Bylaws and Rules

3.27 Bylaws and Rules – To familiarize itself with RESA, the Act and the Strata Corporation’s Bylaws and Rules;

3.28 Bylaw and Rules Enforcement – To assist with the enforcement of the Bylaws and Rules and, if so directed by the Strata Council, take appropriate action including legal action to enforce or stop any breach or infraction of the Bylaws and Rules, at the expense of the Strata Corporation;

3.29 Fines – To provide notice of fines upon the levying of fines by the Strata Council and provide follow up correspondence and initiate legal action as is necessary, at the direction and expense of the Strata Corporation;

3.30 Liens – To complete, sign, file and remove liens against delinquent Owners in accordance with the Act and to provide follow up correspondence and initiate legal action as necessary, all at the direction and expense of the Strata Corporation. The Agent may charge a fee for the administration involved or the collection of receivables as specified in item 2 of Schedule B and charge back such fee to the Owner;

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Insurance

3.31 Property Insurance – Upon the direction of the Strata Council, to secure annual updates to the insurance appraisal for the Strata Plan and to renew insurance policies as they expire pursuant to the Act. All insurance appraisal costs and premium costs shall be expenses of the Strata Corporation;

3.32 E&O Insurance – Upon the direction of the Strata Council, to assist the Strata Corporation to place and maintain, at the expense of the Strata Corporation, Strata Council Errors & Omissions Insurance;

3.33 Liability Insurance – To assist the Strata Corporation to place and maintain, at the expense of the Strata Corporation, Comprehensive General Liability Insurance having a minimum coverage in the amount of $2,000,000.00 or such greater amount as may be directed by the Strata Council. Such insurance policy shall list the Agent as additional insured and shall be applicable to any indemnification of the Agent by the Strata Corporation as required under this Agreement;

3.34 Insurance Coverage – To assist the Strata Corporation to place and maintain adequate property, liability, equipment breakdown and other insurance required from time to time and have a qualified insurance agent review the insurance coverage of the Strata Corporation at least every year. The Agent shall at the direction and cost of the Strata Corporation arrange for an insurance appraisal. The Agent shall not be liable for any negligence of any such insurance agent or the insurance appraiser;

3.35 Availability of Insurance – When assisting the Strata Corporation in obtaining the insurance described in Clauses 3.31 to 3.34, the Agent shall attempt to obtain such insurance on commercially reasonable terms. The Agent shall have no liability to the Strata Corporation or the Owners if such insurance is not available at all or if it is not available on commercially reasonable terms and the Strata Council elects not to maintain any or all such insurance;

3.36 Agent’s Insurance – The Agent shall maintain such insurance as is required by RESA;

Maintenance and Services

3.37 Contractors and Employees - To co-ordinate the work of contractors, suppliers or employees and whenever directed by the Strata Council or the Agent deems it advisable or necessary, the Agent shall hire or discharge contractors, suppliers or employees, and it is agreed and understood that all such employees and independent contractors shall be deemed to be employees and independent contractors of the Strata Corporation and not of the Agent, and paid by the Strata Corporation and not the Agent and that the Agent shall not be responsible for the acts, defaults or negligence of such employees or independent contractors if reasonable care has been exercised in their recommendation, appointment and retention. Unless expressly included in this contract, the Agent does not provide on-site inspections;

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3.38 Contracts – To sign contracts in the name of the Strata Corporation to the extent the Agent’s policies permit it to sign such contracts, in respect to the common property and common assets, for electricity, gas, fuel, water, telephone, janitorial services, window cleaning, landscaping, garbage disposal, vermin extermination and other services or such of them as the Strata Council shall deem advisable, and to monitor and negotiate renewal or replacement of such contracts;

3.39 Supplies - Subject to the limits expressed by the Strata Council, to place orders for and purchase, in the name of the Strata Corporation, all such equipment, tools, appliances, materials and supplies as is necessary to equip properly and maintain the common property and common assets of the Strata Corporation;

3.40 Emergency Services – To use commercially reasonable efforts to maintain a 24-hour emergency contact service such that the Strata Council or Owners can contact the Agent with respect to matters affecting life or property damage, however the Strata Corporation acknowledges that such services may not be available in the event of a major regional emergency;

3.41 Limitation on Expenditures - The Agent agrees to obtain the approval of the Strata Council of the Strata Corporation to all expenditures in accordance with the Act and the Bylaws, other than: (a) expenses contained in the approved annual budget; (b) recurring operating charges; or (c) emergency repairs in excess of the maximum amount established by the Bylaws, if such expenditures are necessary in the opinion of the Agent to protect the common property and common assets of the Strata Corporation from damage or to maintain common services to occupants of any one or more strata lots. Where all or a portion of the expenditure falls within the jurisdiction of a Section, the Agent will seek the approval of the executive of the relevant Section to such expenditure;

Proceedings

3.42 Legal Proceedings – To assist in resolution of disputes involving the Strata Corporation as directed by the Strata Council, by recourse to the appropriate authority, including legal proceedings, arbitration, mediation, small claims court, human rights tribunal, internal appeals and residential tenancy disputes;

3.43 Legal Counsel – Any provision in this Agreement allowing the Agent to take legal action on behalf of the Strata Corporation shall mean, where appropriate or required, taking legal action through the Strata Corporation’s legal counsel;

3.44 Owner’s Defaults - To sign and give notices to Owners of any defaults in any obligations of such Owners to repair or to maintain their strata lots or limited common property in a timely fashion;

3.45 Compliance with Notices or Orders – To notify the Strata Council of any notices or orders of any competent public authority requiring repairs to be done in respect of the common property and common assets, or any part thereof, and to notify the Owners of individual strata lots that they must in a like manner comply with such notices or orders in regard to their own individual strata lots;

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3.46 Compliance with Laws - To take such action on behalf of the Strata Corporation as the Strata Council may direct, as may be necessary to comply promptly with any and all orders or requirements affecting the Strata Corporation made by any governmental body or agency having authority or orders of any Fire Marshall, or board of fire underwriters or similar body;

Other

3.47 Sale of Strata Lots – To provide and sign documentation as required by the Act to facilitate the sale, financing or other dealings with any strata lot at the cost of the Owner or the proposed purchaser or lender. The Agent shall be entitled to retain the fees and disbursements it charges such Owners, proposed purchasers, lenders, real estate licensees, lawyers or notaries; and

3.48 Fees, Rebates or Discounts – Not to collect or charge any undisclosed fee, rebate or discount, and if any such fee, rebate or discount should be received by the Agent that fee, rebate or discount will be held in trust for and credited to the account of the Strata Corporation.

Agent’s Authorization

4. The Agent shall be deemed the Agent of the Strata Corporation and to enable the Agent to effectively perform its services under this Agreement the Strata Corporation hereby appoints the Agent as its agent to perform the services set out in Clause 3 hereof and to execute all documents and contracts for and on behalf of the Strata Corporation, as directed by the Strata Council, and to commence legal proceedings at the expense of the Strata Corporation as directed by the Strata Council and to perform all other duties provided for in this Agreement.

Strata Corporation’s Agreement

5. The Strata Corporation covenants and agrees:

5.1 Indemnity - To save the Agent harmless from any and all claims, damages, costs and liability incurred in connection with the services provided to the Strata Corporation and, without limiting the generality of the foregoing, to indemnify and save the Agent harmless from all claims, damages, costs and liability whatsoever incurred by the Agent in performing its responsibilities hereunder and to protect the Agent against any and all such claims, damages, costs, and liability in the same manner and to the same extent as the Strata Corporation, unless such claim, damage, cost or liability is caused by the gross negligence or wilful misconduct of the Agent;

5.2 Agent’s Fees - To pay to the Agent the following fees:

(a) a fee in advance each and every month during the term of this Agreement, in the amount and on the day specified in item 7 of Schedule A;

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(b) an additional fee in the amount specified in item 8 of Schedule A, for each additional Meeting over the number specified in Clause 3.19 and item 4 of Schedule A;

(c) an additional hourly fee in the amount specified in item 9 of Schedule A, for each hour of attendance at any Meeting longer than the hours specified in Clause 3.19 and item 5 of Schedule A;

(d) an additional fee for appearing as a witness, or assisting with litigation support, special projects and/or major renovations, as determined by the size and nature of the special project and/or major renovations and as may be agreed between the Strata Corporation and the Agent or in the amount determined pursuant to Schedule B, if attached and initialled by both parties;

(e) an additional fee in the amount specified in item 10 of Schedule A, per strata lot for each month of depositing and processing of special levies;

(f) such additional fees as are provided for in Schedule B, or as may be agreed upon in writing from time to time;

(g) together with any applicable Tax payable on such fees or related disbursements;

5.3 Payment of Agent’s Fees - The Strata Corporation hereby authorises the Agent to deduct the Agent’s Fees and disbursements from the strata fees, special levies, assessments, user fees and any other monies collected by the Agent pursuant to Clause 3, such fee will be collected by a debit from the Agent’s Trust Account held on behalf of the Strata Corporation;

5.4 Shortfall - That if the bills, accounts or expenses paid by the Agent pursuant to Clause 3 hereof in any calendar month exceed the strata fees and other monies collected in such month by the Agent or if the Strata Corporation does not otherwise have sufficient funds to pay such bills, accounts or expenses, to pay the Agent the amount of such excess promptly upon request, which may include transfer of funds from the Contingency Reserve Fund where permitted under the Act. The Agent shall have no obligation to advance funds to the Strata Corporation for any purpose whatsoever;

5.5 Costs - To pay promptly the Agent’s costs of printing, duplicating, mailing, postage, long distance telephone charges, courier or other service charges directly attributed to the Strata Corporation as per the attached item 5 of Schedule B attached hereto;

5.6 Transfer Documentation - To direct and compensate the Agent in accordance with the Act for all transfer of title and ancillary documents for owners;

5.7 Exclusivity – Intentionally deleted.

5.8 Documentation – To provide the Agent with all documents and records available to the Strata Corporation, which may be reasonably required by the Agent to properly assist in connection with the services provided by the Agent to the Strata Corporation;

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5.9 Bylaws and Rules – To provide to the Agent a copy of the Bylaws and Rules of the Strata Corporation and to promptly notify the Agent of any amendments or additions thereto; and

5.10 Existing Project – n/a -Intentionally deleted

No Set Off

6. That the Strata Corporation shall not be entitled to set off against the Agent’s Fees or any other monies payable to the Agent under this Agreement, any uncollected strata fees, special levies or user fees or other monies owed the Strata Corporation.

Agent to Receive Instructions from Strata Council

7. The Strata Corporation hereby authorizes its Strata Council to deal with the Agent. It is agreed and understood that the Agent at all times shall be entitled to rely on and to act upon the instructions or directions received from the Strata Council, and where appropriate or circumstances require, the President or other members of the Strata Council. Without limiting the generality of the foregoing, the Agent may from time to time request instructions or directions in writing signed on behalf of the Strata Corporation by at least two members of the Strata Council, or a formal resolution of the Strata Council after a properly convened meeting of the Strata Council. The foregoing shall constitute the full and sufficient authority for the Agent to act in accordance with such instruction or directions. The Strata Council agrees to provide timely response to requests from the Agent for directions, instructions and information.

Financial Statements

8. That the Strata Council agrees to review each statement of receipts and disbursements referred to in Clause 3.9, and within thirty (30) days from the date of provision of such statements to the Strata Council, to notify the Agent, in writing, of any alleged mistake or error on the part of the Agent in paying any bill, account or expense on behalf of the Strata Corporation. If the Agent receives no such notification within thirty (30) days of provision of such statements to the Strata Council, the statement shall be deemed to be conclusive and binding and the Agent shall be free from any and all claims in respect of such statement.

Assignment by Agent

9. The Agent may assign all of its interest in this Agreement and its rights hereunder to any other strata property brokerage, provided such assignee is a licensed strata property agent and covenants with the Strata Corporation to observe and perform the obligations of the Agent hereunder.

No Waiver

10. If a party to this Agreement breaches or defaults in its performance under this Agreement and the other party, expressly or implied, waives such default that waiver shall not be

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deemed or construed to be a waiver to any future breach or default in the performance of such defaulting party’s obligations under this Agreement.

Severance

11. That in the event that any provision of this Agreement, or any part thereof, shall be found to be invalid the remainder of this Agreement shall be binding on the parties hereto and shall be construed that the invalid provision or part thereof had been deleted from this Agreement.

Successors and Assigns

12. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns.

Amendments in Writing

13. Any amendment to this Agreement shall be effective only if it is in writing and is duly signed by the parties.

Duration and Termination

14. This Agreement shall commence and become effective on the date set forth in item 1 of Schedule A, and shall continue for an indefinite term until terminated in accordance with this Clause. This Agreement shall terminate upon the occurrence of any of the following events:

(a) Two months after receipt by the Agent of a notice of a resolution passed by a ¾ vote approved by the Owners, terminating this Agreement;

(b) Two months after receipt by the Strata Corporation of a notice from the Agent, terminating this Agreement;

(c) Immediately, through the bankruptcy of the Agent; or

(d) Immediately, through the insolvency or fraud of the Agent.

After Termination

15. Upon the termination of this Agreement, all obligations of the Agent shall cease except as otherwise expressly provided in RESA, and the Strata Corporation shall pay to the Agent any monies due to it under this Agreement and the Agent shall pay to the Strata Corporation all monies held by it in trust for the Strata Corporation. Further, the Agent shall transfer all records maintained for the Strata Corporation to the Strata Corporation or its agent as may be directed by the Strata Council, upon payment of any outstanding fees to the Agent or as required by RESA. The Agent shall be entitled to retain the original financial records for such period as is required for the Agent to comply with RESA, but the Agent shall provide the Strata Corporation with copies of the financial records, at the Strata Corporation’s expense as provided in Schedule B.

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Holdback

16. Upon termination of this Agreement, the Strata Corporation shall continue to be responsible for the payment of any and all bills, accounts, and expenses incurred by the Agent within the authority of this Agreement to be paid by the Agent after such termination. The Agent shall be entitled to retain, for thirty (30) days after the date of such termination, a holdback of the monies (the “Holdback”) to pay such bills, accounts and expenses or any of them. If a Holdback is not retained by the Agent or is insufficient, the Strata Corporation agrees to reimburse the Agent promptly upon demand for any and all such bills, accounts and expenses paid by the Agent after the termination of this Agreement.

No Partnership

17. The relationship of the Agent to the Strata Corporation shall be that of agent and principal and this Agreement shall not under any circumstances make the Agent or any of its employees, officers or authorized representatives, to be the legal representative, partner or employee of the Strata Corporation.

Personal Information

18. The Strata Corporation hereby consents to the collection, use and disclosure by the Agent of information about the Strata Corporation and personal information about the Owners, for all purposes consistent with the matters contemplated herein.

Disclosure of Conflicts

19. If at any time, the Agent determines it is in a conflict of interest with the Strata Corporation, the Agent shall give written notice of such conflict to Strata Council as soon as reasonably possible. The Strata Corporation hereby acknowledges and consents to the Agent acting for other strata corporations, and sections and owners within such strata corporations.

Disclosure of Payments

20. If at any time, the Agent anticipates receiving or receives, directly or indirectly, any form of payment or other compensation from an Owner or someone other than the Strata Corporation as a result of recommending an insurance broker, or any other person providing other products or services, the Agent shall disclose the details thereof to the Strata Corporation in writing, including the source of such payments, the amount or likely amount of the payment and all other relevant facts relating to such provision of real estate services.

Charges for Documents

21. The Agent, without further specific disclosure to the Strata Corporation, shall be entitled to charge and retain fees (which fees may include a disbursement component) for the following

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(a) the provision of Form B (and all attachments) and Form F and other statutory form as required by the Strata Property Act;

(b) the provision of copies of minutes, Bylaws, Rules, strata plans, engineering reports, financial statements and similar documents of the Strata Corporation when requested by Owners (other than the original distribution of same) or any other person authorized to receive such documents;

and any and all priority fees charged for the priority provision of such documents in accordance with the fees specified in the attached Schedules.

Sections, the Strata Corporation and Owners

22. The Strata Corporation hereby consents to the Agent acting as agent for the Strata Corporation and any or all of the Sections of the Strata Corporation. The Strata Corporation hereby consents to the Agent providing property rental services or trading services to individual Owners. The Agent shall enter into separate agency agreements with each Section for which it is to provide strata management services or financial management services, and separate service agreements with each individual Owner, and will advise the Strata Corporation in writing when it commences acting for such Sections or any individual Owner.

Primary Client and Secondary Client

23. The Agent hereby declares that the Agent’s “primary client” is as specified in item 7 of Schedule B (the “Primary Client”) and the “secondary client” is as specified in item 7 of Schedule B (the “Secondary Client” or “Secondary Clients”). In the event of a conflict, the Agent will provide the full services it has contracted to provide to the Primary Client and the Agent shall provide limited representation to the Secondary Client or Secondary Clients.

Conflict with Sections

24. The Strata Corporation acknowledges that potential conflicts may arise between a Section and the Strata Corporation or between Sections. In that case, the Agent will notify the Strata Corporation and all affected Sections of the conflict. The Agent may (a) continue to act for the Agent’s Primary Client and cease to act for the Secondary Client with respect to the matter giving rise to the conflict; (b) withdraw from the matter giving rise to the conflict in a manner consistent with the applicable Rules, RESA or other professional rules; or (c) to obtain the informed consent of the Strata Corporation and any Section involved, to proceed in assisting the parties. If the Agent ceases to act for the Secondary Client with respect to the matter giving rise to the conflict pursuant to section 24(a) above, the Agent shall notify the Secondary Client of such action in writing. If the Agent withdraws pursuant to subsection 24(b), the modification in the services to be provided by the Agent will be documented in writing. If the Agent obtains the informed consent of the Strata Corporation and any Section involved pursuant to subsection 24(c), the agreement of parties for the Agent to proceed in such circumstances shall be documented in writing. If the Agent withdraws from the matter, the Agent will help the

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Strata Corporation and the applicable Section(s) retain other advisors and will make a smooth transfer of appropriate file materials and information.

Conflict with Owners

25. If the Agent is providing property rental services or trading services to individual Owners, there may be conflicts as between such Owners, the Strata Corporation and the Sections. If the Strata Corporation or a Section is declared to be the Agent’s Primary Client, the Agent will provide full representation to the Primary Client and the Agent shall provide limited representation to the Owners.

Limited Services to Secondary Client

26. In the event of a conflict where the Agent continues to act for the Agent’s Primary Client and ceases to act for the Secondary Client with respect to the matter giving rise to the conflict, the Agent will not be able to:

(a) act in the Secondary Client’s best interests, if those interests conflict with the interests of a Primary Client;

(b) act in accordance with the Secondary Client’s instructions, if acting in accordance with those instructions would lead the Agent to breach any of the Agent’s obligations to a Primary Client;

(c) maintain the confidentiality of information about the Secondary Client; or

(d) disclose to the Secondary Client’s any confidential information about the Primary Client.

Sections and Expenses

27. Not included in this contract.

Sections Accounts


Joint Meetings


Annual Review Fee

30. Annually, the parties shall review the fees and other charges payable under this Agreement. Any such change in fees or charges, shall be agreed to between the parties and shall be evidenced in writing which may include a formal fee amendment agreement or a letter from the Agent to the Strata Corporation setting out such agreed changes in the fees and charges signed by the Agent and two members of the Strata Council.

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EXECUTED ON BEHALF OF The Owners, Strata Plan EPS _____________ by its authorized signatories:

) ) ) )

Authorized Signatory Authorized Signatory

) ) ) ) )

EXECUTED ON BEHALF OF Associated Property Management (2001) Ltd. by its authorized signatories:

) ) ) ) )

Authorized Signatory Authorized Signatory

) ) ) ) )

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AGENT STRATA

SCHEDULE A

1. Clause 2 Commencement Date: to be determined

2. Clause 3.12 Fee for providing payroll services: $ Negotiable, if applicable.

3. Clause 3.14 and 3.15 The Agent shall maintain the following trust accounts on behalf of the Strata Corporation (check if applicable):

Operating fund trust account

Contingency reserve trust account

Special levy trust account (when needed)

Other:

4. Clause 3.19 Maximum Number of Meetings: 8 council meetings and 1 AGM per year.

5. Clause 3.19 Maximum Hours per Meeting: 2 hour

6. Clause 3.22 Hourly fee for supervision of inspection of records: $95.00

7. Clause 3.40 An additional fee to respond to an emergency: after 5:00 PM from Monday to Thursday is $150.00 per hour, or portion thereof, or on holidays or after 5:00 PM on a Friday is $150.00 per hour, or portion thereof.

8. Clause 5.2(a) Monthly Agents’ Fee: $1,919.00 plus GST payable on the 1st day of each month for Residential units; and,

$650.00 plus GST payable on the 1st day of each month for Commercial units; and,

9. Clause 5.2(b) An additional fee for each Meeting over the maximum number: $95.00 per hour to prepare for, attend, and follow-up. Meetings negotiated after 5:00 PM from Monday to Thursday are billed at $150.00 per hour, or portion thereof. Meetings negotiated on holidays or after 5:00 PM on a Friday are billed at $300.00 per hour, or portion thereof. The minimum charge is 2 hours.

10. Clause 5.2(c) Hourly rate for attendance at each Meeting over specified number of hours: $95.00 (plus Tax)

11. Clause 5.2(e) An additional fee of $2.50 per strata lot for each month of depositing and processing of special levies:

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SCHEDULE B

Special Terms and Amendments

1. Clause 3.16 Annual fee for the statutory review of books: $100.00.

2. Clause 3.30 Fee for administration of liened receivables: Negotiable, if applicable, if

not contracted to a lawyer. Any applicable fee will be charged against the respective delinquent owner’s account.

3. Clause 5.2(d) Additional fees:

Litigation Support (Clause 3.42): $95.00/hr plus tax

Special Projects: $95.00/hr plus tax

Major Renovations: $95.00/hr plus tax

Supervising Independent Audits: $95.00/hr plus tax

Other:

4. Clause 5.2(f) Additional fees:

Otherwise negotiable, if applicable at a minimum charge of $95.00/hr.

5. Clause 5.5 Printing/scanning Costs: $0.10 per B&W side, $0.40 per color side.

(subject to change on 60 days notice). At cost if outsourced.

6. Misc

Mailing Costs: At cost

Long Distance Telephone Charges: At cost

Courier Costs: At cost

Charged to Strata Lot Owners’ Account but paid by Strata Corporation to Agent: NSF and Returned cheque fee of $30.00 per cheque/debit.

Other Service Charges: As applicable

Storage Charges: $50.00/year. Payable at the commencement of the contract and then January 1st of every year.

Support staff to attend meetings: $75.00/hour.

INITIALS

7. Clause 15 Cost of photocopying/scanning: $0.10 per B&W side, $0.40 per color side. (subject to change on 60 days notice)

8. Clause 21 For Disclosure Purposes Only - Pursuant to Section 21 of the Agency Agreement and Rules 5-11 of the Council Rules under the Real Estate Services Act, we hereby disclose the source, amount and the method of calculation for the remuneration that is charged for request of documents during the sale of strata lots. Should the charges and fees change, we will notify our clients accordingly.

Realtors/Lawyers/Owners request of documents during sale of strata lots:

Document Request Charges: Charges

Form B $35.00

Form F $15.00

Copies of Minutes, Financial Statements, Reports & others $0.25/page

Priority Fees for Expedited Service:

Same Day $150.00/order

2 Days $100.00/order

3 Days $80.00/order

4-6 Days $60.00/order

7 Days + No extra charge

Delivery:

Fax, Email, or Mail $5.00/order

Long Distance Fax $5.00/order

Pick up No extra charge

9. Clause 23 Primary Client: The Strata Corporation

Secondary Client: ___________________________________________

Secondary Client: ___________________________________________

10. Special Terms

Exhibit “I” Form J – Rental Disclosure Statement

Strata Property Act

FORM J

RENTAL DISCLOSURE STATEMENT (Section 139)

Re: Strata Plan of the property described as PID: 014-642-913, Lot 1 District Lot 5057 Osoyoos Division Yale District Plan 41637

This Rental Disclosure Statement is:

the first Rental Disclosure Statement filed in relation to the above noted strata plan

a changed Rental Disclosure Statement filed under section 139 (4) of the Strata Property Act, and the original Rental Disclosure Statement filed in the relation to the above noted strata plan was filed on ________________________________, and

1. The development described above includes a total of one hundred four (104) residential strata lots.

2. The residential strata lots described below are rented out by the owner developer as of the date of this statement and the owner developer intends to rent out each strata lot until the date set out opposite its description.

Description of Strata Lot [strata lot number as shown on strata plan]

Date Rental Period Expires [specify a date – “indefinitely” or timing related to an event is not acceptable]

Strata Lots 103, 104 and 105 April 5, 2119

* Section 143 (2) of the Strata Property Act provides that, if this Rental Disclosure Statement is filed after December 31, 2009, a bylaw that prohibits or limits rentals will not apply to a strata lot described in this table until the date set out in the table opposite the description of the strata lot, whether or not the strata lot is conveyed before that date.

3. In addition to the number of residential strata lots rented out by the owner developer as of the date of this statement, the owner developer reserves the right to rent out a further one hundred one (101) residential strata lots, as described below, until the date set out opposite each strata lot’s description.

Description of Strata Lot [strata lot number as shown on strata plan]

Date Rental Period Expires [specify a date – “indefinitely” or timing related to an event is not acceptable]

Strata Lots 1 - 101 inclusive April 5, 2119

4. There is no bylaw of the strata corporation that restricts the rental of strata lots.

OR

2

There is a bylaw of the strata corporation that restricts the rental of strata lots, the text of which is attached to and forms part of this statement.

Date: Signature of Owner/Developer

Exhibit “J” Building Condition Report

Brava Building 2

Building Condition Assessment

April 02, 2019

RJC No. KEL.123343.0001

Prepared for:

Sunco Group of Companies

151 Asher Road, Unit 209

Kelowna, BC V1X 3H5

Prepared by:

Read Jones Christoffersen Ltd.

1626 Richter Street, Suite 214

Kelowna BC V1Y 2M3

Brava Building 2 Building Condition Assessment

April 02, 2019 RJC No. KEL.123343.0001

2311 Carrington View

Table of Contents

1.0 Introduction 1

2.0 Site and Document Reviews 1

3.0 Condition Assessment 1

4.0 Estimated Remaining Service Life 2

5.0 Description of Property 3

6.0 Summary of Significant Observations and Recommendations 3

6.1 STRUCTURE 3

6.2 BUILDING ENVELOPE 4

6.3 MECHANICAL SYSTEMS 4

6.4 ELECTRICAL SYSTEMS 5

7.0 Limits of Liability 5

8.0 Closing 6

APPENDIX A: STRUCTURAL

APPENDIX B: BUILDING ENVELOPE

APPENDIX C: MECHANICAL

APPENDIX D: ELECTRICAL


April 02, 2019 RJC No. KEL.123343.0001 page 1


1.0 Introduction

Read Jones Christoffersen Ltd. (RJC) was engaged by Sunco Group of Companies to carry out a

Building Condition Assessment (BCA) for Brava Building 2 located at 2311 Carrington View in West

Kelowna, BC.

The scope of work, as outlined in our proposal dated January 16, 2019, includes an assessment of

the structure, building enclosure, including roof, the mechanical systems, and electrical systems.

The capital expenditure projection period and minimum threshold for Opinions of Probable Cost

(OPC) for the report are ten years and $10,000, respectively. Representative components and areas

of the building were visually reviewed by RJC and our sub-consultants in order to complete the BCA.

No exploratory openings were made as part of this BCA.

Each of the building systems included in the scope of work have a dedicated appendix. The main

body of this report compiles the OPCs and summarizes the key findings of the various appendices.

The appendices provide more detail than the report body and some additional information;

therefore, we encourage the reader to review the appendices in detail.

2.0 Site and Document Reviews

The field review for this BCA took place on Friday, February 1, 2019, 2017 and was undertaken by

three field reviewers:

One representative from RJC Engineers (Kelowna office) reviewed the structure and building

enclosure.

One representative from Falcon reviewed the mechanical systems

A second representative from Falcon reviewed the electrical systems.

The field reviewers were accompanied by representatives from Sunco. The field reviewers were

provided access to mechanical and electrical service rooms, as well as the basement and ground

floor interior spaces and one of the three upper floor suites. The building enclosure was reviewed

primarily from grade. For reference the reviewers were provided with architectural, mechanical and

electrical drawings. The Architectural drawings were marked “Issued for Tender” and dated February

25, 2009.

3.0 Condition Assessment

A condition assessment is provided for each building component. The condition is generally

categorized as Very Good, Good, Fair, Poor or Failed.




Very Good generally applies to new building components or components that are very well-

maintained, require only basic maintenance if any, are fully functional and serving their intended

purpose without known issues.

Good generally applies to building components that are in the first half of their expected service life,

are well-maintained, require only basic maintenance if any, are fully functional and serving their

intended purpose without known issues.

Fair generally applies to building components that are in the second half of their expected service

life, require some regular maintenance, are fully functional and serving their intended purpose,

however may have known issues.

Poor generally applies to building components that require increasing effort to maintain in a

functional state or are not serving their intended purpose reliably.

Failed applies to building components that require replacement or that cannot serve their functional

purpose any longer without significant repairs.

When a component cannot be visually reviewed, such as underground stormwater piping or building

components hidden inside walls or behind other building components, Unknown may be used.

When the component condition varies significantly, such as for buildings where portions of the

exterior cladding have been restored at different times, Varies may be used.

4.0 Estimated Remaining Service Life

The estimated remaining service life, as well as the timing for work required before the component

reaches the end of its expected service life, is based on the year the component was installed, its

expected service life (published and internal data), its condition at the time of the site review and the

field observer’s knowledge of the component. If the installation date is unknown, the condition

assessment becomes the primary means of estimating the year of installation. If deemed useful

(and included in the agreed-upon scope of work for the BCA), the condition assessment is

supplemented by a review of available documentation and discussions with maintenance staff or

service providers. This can improve the estimates of the component’s remaining service life. If the

estimated remaining life is greater than the projection horizon for the report, Over 10 years is noted.

There are numerous factors that can affect the service life and performance of a component.

Furthermore, certain evidence which might impact our opinions of estimated remaining service life

or work required before the component reaches the end of its expected service life may be hidden

within walls, inside the component or behind other components, underground or in crawl spaces, for

example. As a result, there remains a significant margin of error for certain building components.

Actual conditions may differ significantly from the assumed conditions. In some cases,

components could require significant expenditures earlier or later than what is noted in this report.




Based on the observed component conditions we expect that the building will achieve a similar life

expectancy to other buildings of its type in the local environment. Ongoing maintenance, evaluation

of performance and renewal of building systems is required for buildings to achieve their expected

life. A capital planning report and/or depreciation report would be of benefit to the eventual owners

of the building, to help guide in funding, planning and carrying out building maintenance and renewal

related activities.

5.0 Description of Property

Brava Building 2 is a three storey building with

two storeys above grade and a basement below

grade. Original construction is dated circa 2009.

At the time of our review the basement was

generally not occupied. The ground floor, which

can be sub-divided to multiple units, was

occupied by office/storage space for Brava. The

three upper floor residential units were

occupied. The building is situated on the

northwest corner of the site. We understand that

a future project will be built on other portions of

the site.

Descriptions of the structural, envelope, mechanical systems and electrical systems are included in

the various Appendices.

6.0 Summary of Significant Observations and Recommendations

6.1 STRUCTURE

Exposed structural elements were reviewed from both inside and outside the buildings to identify

visually obvious evidence of structural distress or deterioration of the structural elements. We also

evaluated the structures based on a review of non-structural building elements which are most

impacted by structural distress (interior partitions, sealants, door openings, etc.).

In general, visual review found no evidence of structural distress. The Structural Appendix

recommends the following:

Monitor crack in the concrete header over the west basement interior door.

Monitor cracks in the slab-on-grade concrete for aesthetic changes / trip hazards.

Figure 1: Brava Building 2, Northwest Corner




These items are considered maintenance, with probable costs below the threshold for this report.

Refer to Appendix A for more details.

Calculation of the seismic characteristics of the structure is beyond the scope of this BCA. The

building was constructed c. 2009. It is reasonable to assume that the design met the seismic

criteria of the Codes then in effect, as attested by the documents submitted at the time of

application for building permit. At present, there remains no specific requirement in the current BC

Building Code to upgrade the buildings to meet current seismic building code requirements, except

in the event of a change of use or significant renovation, which is not currently contemplated.

6.2 BUILDING ENVELOPE

Interior and exterior of the building enclosure elements, including the roof, were reviewed to identify

visually obvious evidence as to their condition.

Generally, the building enclosure components were observed to be in good condition. The asphalt

shingle roof appears to be in good condition. Well maintained roofs of this type can achieve service

a service life on the order of 20 to 25 years.

Recommendations include:

Replacement of three cracked IGUs.

Installation of a protective coating to the ground floor column capitals to reduce incidence of

water ingress.

These items are considered maintenance, with probable costs below the threshold for this report.

Refer to Appendix B for more details.

6.3 MECHANICAL SYSTEMS

Generally, the mechanical components appeared to be in fair to good condition. Recommendations

include:

Replace domestic hot water heaters when required. Estimated 1 year remaining service life.

Replace the sump pump as required. Estimated 1 year remaining service life.

Replace or repair split heat pump systems as required. Estimated 6-year remaining service

life.

Replace or repair split AC systems. Estimated 6-year remaining service life.

Replace or repair electric baseboard heaters as required. Estimated 6-year remaining service

life.




The probable cost of these items is below the threshold of this report. Provisional costs are

provided with each item. Refer to Appendix C for more details.

6.4 ELECTRICAL SYSTEMS

Generally, the electrical components appeared to be in fair to very good condition.

Recommendations include:

Replace existing fluorescent luminaires with LED systems as renewals occur.

Consider replacement of the exterior alarm enunciator in approximately 5 years.

The probable cost of these items is below the threshold of this report. Provisional costs are

provided with each item. Refer to Appendix D for more details.

7.0 Limits of Liability

This report is intended to provide the client with a general description of the systems employed in

the building and to comment on their general condition which was apparent at the time of our

review. We did not perform any calculations to confirm the adequacy of the elements. The scope of

services did not include an evaluation of the original building design or a detailed engineering

investigation. A structural loading or seismic review was not performed.

The review undertaken was of a visual nature only. No testing or dismantling of any coverings was

performed. Reviews were made on a random basis with no attempt to review every element or

portion of the building(s). Comments are not a guarantee or warranty of the condition of the

building or that the building has been built in accordance with the drawings and specifications.

Given the limitations of a visual review, defects hidden from view or under-designed components

may not have been detected.

Drawings and information relating to the building were used solely to supplement the visual review

and to obtain design information on elements hidden from view so that a more accurate building

description could be provided.

Opinions of probable cost provided by RJC may be based on incomplete or preliminary information,

and may also be based on factors over which RJC has no control. RJC does not guarantee the

accuracy of these cost estimates and shall have no liability where cost estimates are exceeded or

are less.

RJC prepared this report for the use of Sunco Group of Companies. The material in it reflects RJC’s

judgement in light of information available at the time of preparation. Any use that a third party

makes of this report (including relying on this report for any decisions) is the responsibility of such

third parties. RJC accepts no responsibility for damages, if any, suffered by any third party as a

result of decisions made or actions based on this report.




The work in this report does not include any assessment or costing of hazardous materials that

may be present at the building. Assessment and inventory of hazardous materials should be made

by consultants specializing in that field of work. Neither RJC, nor any company with which it is

affiliated, nor any of their respective directors, employees, agents, servants or representatives shall

in any way be liable for any claim, whether in contract or in tort including negligence, arising of or

relating in any way to hazardous materials such as asbestos, lead, mould, mildew or other fungus,

including the actual, alleged or threatened existence, effects, ingestion, inhalation, abatement,

testing, monitoring, remediation, enclosure, decontamination, repair, or removal of the actual or

alleged failure to detect hazardous materials.

8.0 Closing

Thank you for choosing RJC to provide this BCA. Should you have any further questions or

comments, or if we can be of further assistance, please contact this office.

Yours truly,

READ JONES CHRISTOFFERSEN LTD.

Michael Blackman, BASc, PEng., FEC, LEED AP BD+C

Principal

mdb/sb

Appendix A Structural

Prepared by:

______________________________ Michael Blackman, P.Eng., FEC, LEED® AP BD+C

Principal

Brava - 2311 Carrington Road, West Kelowna

01-Feb-19

KEL.123343.0001

Item

A10

A1010

Description

Assessment

Condition Remaining Life OPC

FO

UN

DA

TIO

NS

Less than

Threshold

Recommendation

A1010.1Foundation Condition. Monitor crack in header

A1010.2Slab-on-Grade. Monitor aesthetics / trip hazards due to

cracks.

GoodGreater than study

extent

Less than

Threshold

GoodGreater than study

extent

CONDITION ASSESSMENT SUMMARY

Standard Foundations

Component Description & Assessment

Brava Building 2 includes a full below grade level. The perimeter

foundation consists of cast-in-place, conventionally reinforced

concrete walls bearing on strip footings. Interior and exterior

columns bear on spread footings.

The basement floor is a concrete slab-on-grade.

No evidence of distress was observed. Minor cracking in the

concrete was observed in a concrete header beam over the west

basement interior door. The crack should be monitored for

changes in crack width.

Some cracks were observed in the slab-on-grade. Cracks were

adjacent to saw cuts, suggesting that saw cutting was

completed after tensile stresses in the concrete had developed.

Cracks are not a structural concern for a slab-on-grade and

should be monitored for aesthetics/trip hazards.

FOUNDATIONS Foundations

Date of Site Visit:

RJC Job No.:

Building:

Insert Photo Here

Slab-On-Grade. Crack Adjacent to Saw-Cut.

Insert Photo Here

Crack in Concrete Header Over West Interior Basement Door.

Insert Photo Here

Overview. Concrete Wall



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

B10

B1010

Description

Assessment


SUPERSTRUCTURE Superstructure

Floor Construction

The structure is wood-frame construction. Ground and upper

floor framing consist of concrete topping on plywood sheathing

on engineered wood joists spanning to wood beams and

perimeter walls.

Roof structure consists of sheathing on engineered roof trusses

spanning to load bearing walls.

Load bearing walls consist of 2x6 studs with wood headers at

window and door openings. Walls are sheathed to provide lateral

capacity.

Roof overhangs at the south elevation of the ground floor and at

upper floor balconies are supported on perimeter columns.

Visual review of the superstructure found no evidence of

distress. Superstructure framing is concealed by interior and

exterior finishes and not directly visible.

RJC observed some cracking in the concrete topping of the

ground floor. It appears that the cracking is related to drying

shrinkage and, in our opinion, is not a structural concern. The

ground floor was un-finished at the time of RJCs review.

Ground floor column caps are pressed concrete. Consideration

should be given to application of a coating to prevent water

ingress and improve long-term durability.

Recommendation

B1010.1Add moisture protection to column caps to improve

durability GoodGreater than study

extent $ 5,000.00

Insert Photo Here

Interior View at Ground Floor. Structure Obscured by finishes.

Insert Photo Here

Cracking in Ground Floor Concrete Topping.

Insert Photo Here

General Overview of Building. Structure Not Visible Due to Finishes.



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:


01-Feb-19

KEL.123343.0001

Item

B10

B1010

Description

Assessment


SUPERSTRUCTURE Superstructure

Floor Construction

SU

PE

RS

TR

UC

TU

RE

Visual review of the superstructure found no evidence of

distress. Superstructure framing is concealed by interior and

exterior finishes and not directly visible.

RJC observed some cracking in the concrete topping of the

ground floor. It appears that the cracking is related to drying

shrinkage and, in our opinion, is not a structural concern. The

ground floor was un-finished at the time of RJCs review.

Ground floor column caps are pressed concrete. Consideration

should be given to application of a coating to prevent water

ingress and improve long-term durability.

CONDITION ASSESSMENT SUMMARYBuilding:

Date of Site Visit:

RJC Job No.:

Insert Photo Here

Column Caps, Ground Floor


Appendix B Building Envelope

Prepared by:

______________________________ Michael Blackman, P.Eng., FEC, LEED® AP BD+C

Principal


01-Feb-19

KEL.123343.0001

Item

B20

B2010

Description

Assessment



Exterior Walls


The exterior wall assembly consists of cladding on two-layers of

30lb building paper with taped seams, designated as an air

barrier, over structural sheathing, an insulated stud cavity, interior

polyethylene barrier and interior gypsum wallboard finish.

Exterior finishes include fibre-cement board on the upper stories

and either stucco or cultured stone on the ground floor.

No evidence of distress to the exterior walls was noted at the

site.

EXTERIOR VERTICAL ENCLOSURES ExteriorVerticalEnclosures

Date of Site Visit:

RJC Job No.:

Building:

Recommendation

B2010.1No recommendations with regard to exterior walls.

GoodGreater than extent

of study

No

Recommendations

EX

TE

RIO

R V

ER

TIC

AL

EN

CL

OS

UR

ES

Insert Photo Here

Upper Storey, Fibre Cement Board cladding. Ground floor stucco cladding. Flashings noted

Insert Photo Here

Ground Floor, Stone Veneer.

Insert Photo Here

Typical Exterior Wall. Upper Storey. Fibre Cement Board Finish



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

B20

B2020

Description

Assessment


Exterior Windows

Ground floor windows are double-pane sealed IGUs in aluminum

frames. Specification of the frames is not known.

Upper floor windows are double-pane sealed IGUs in vinyl

frames. Specification of the frames is not known.

Window installations were observed to have head flashings.

Details of the head flashing installation were not visible for

review.

Windows and frames were generally found to be in good

condition.

We observed three window IGU units with cracked interior

glazing panes. These IGUs should be replaced as part of regular

building maintenance. All three are on the north elevation, two in

the upper floor and one in the ground floor.

Recommendation

B2020.1Aluminum frames and windows.


of study.

No

Recommendations

B2020.2Vinyl frames and windows


of study.

No

Recommendations

B2020.3Replace three cracked IGUs

Failed N/A Maintenance


Insert Photo Here

Typical Upper Floor Window. Vinyl Frame. Exterior View

Insert Photo Here

Upper Storey Window with Cracked IGU. North Elevation.

Insert Photo Here

Typical Ground Floor Window. Aluminum Frame. Interior View



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

B20

B2050

Description

Assessment

Condition Remaining Life OPCRecommendation

B2050.1Doors and Frames


of study


Exterior Doors and Grilles

Ground floor exterior doors that access the main entry (south

elevation) of the ground floor units are aluminum frame and

integrated with the aluminum frame window system.

Ground floor exterior doors that access the basement and the

side entries of the ground floor units are metal doors in metal

frames.

Ground floor doors that access the stairs to the upper floor are

aluminum frame doors.

Upper floor exterior doors are wood frames with wood doors.

Doors and frames were generally found to be in good condition.

No recommendations arising.

No

Recommendations

Insert Photo Here

Ground Floor Aluminum Frame Door (Left) and Metal Frame Door (Right)

Insert Photo Here

add caption here

Insert Photo Here

Typical Ground Floor Unit Entry Door, Aluminum Frame.



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

B30

B3010

Description

Assessment


Roofing

Roofing is specified as fibreglass asphalt shingles on asphalt

building paper with eave and valley protection and galvanized

metal drip edge.

Roofing was generally found to be in good condition.

Recommendation

B3010.1Roofing.


of study.

No

Recommendations

EXTERIOR HORIZONTAL ENCLOSURES ExteriorHorizontalEnclosures

Insert Photo Here

Typical Condition. Asphalt Roofing Shingles

Insert Photo Here

Typical Condition. Asphalt Roofing Shingles


Appendix C Mechanical Systems

This review is intended to provide an external review of the conditions of the existing mechanical

systems where they are apparent. The inside condition of many system (hydronic, gas heating or

refrigerant systems for example) will affect the longevity of the equipment and that assessment can only

be achieved by qualified technicians performing an invasive inspection of the equipment. Individual

equipment that needs to be replaced under what would be considered a maintenance function are

generally not be included in the report. Life Expectancy Values are based on ASHRAE Guidelines.

Prepared By:

James Kitella P. Eng.

Associate


01-Feb-19

KEL.123343.0001

Item

D20

D2010

Description

Assessment



General Plumbing Systems


• Plumbing fixtures appear to be original construction and have

not been upgraded.

• Water distribution piping systems are comprised of Pex and

PVC piping; sanitary systems are piped in ABS and condensate

drainage systems are made of PVC.

• Sanitary drains in the basement are piped to a sump which lifts

effluent to the main sanitary building drain.

• Domestic hot water heaters and fireplaces in the three

residential suites are gas fired.

• Water and irrigation meters are located in the basement

mechanical room.

• Cross contamination and premise isolation devices have not

been provided on water service that is typically required by most

municipalities.

• The domestic hot water tanks are nearing the end of their

service lives and will likely need to be replaced in the near future.

• The sump pump is nearing the end of its service life and will

likely need to be replaced in the near future.

PLUMBING Plumbing

Date of Site Visit:

RJC Job No.:

Building:

Recommendation

D2010.1Domestic hot water heaters - Replace as required. (Note:

OPC is for each unit)

D2010.2Sump pump - Replace as required. (Note: OPC is for each

unit)

Fair 1 Year $ 5,000.00

Fair 1 Year $ 1,000.00

Insert Photo Here

Domestic Water Distribution Header

Insert Photo Here

Basement Floor Drain Sump and Sanitary Building Drain

Insert Photo Here

Typical Suite - Washroom Fixtures



01-Feb-19

KEL.123343.0001

Item



PLUMBING Plumbing

Date of Site Visit:

RJC Job No.:

Building:

D30

D3010

Description

Assessment


Terminal Heating and Cooling Systems

• Heating and cooling for each of the three (3) main floor

commercial suites is provided by a split direct expansion fan coil

unit (indoor) coupled with an air source heat pump(outdoor).

• Cooling for each of the three (3) second floor residential suites

is provided by split direct expansion wall cassette fan coil unit (indoor) coupled with an air source condenser (outdoor).

• Heating for second floor residential suites is provided by electric baseboards and gas fireplaces.

• Heating in ancillary spaces, stairwells, and basement is provided by electric baseboards and electric unit heaters.

• No upgrades are anticipated at this time.

Recommendation

D3010.1Split Heat Pump Systems - Replace or repair as required.

(Note: OPC is for each unit) Good 6 Years $ 12,000.00

D3010.2Split AC Systems - Replace or repair as required. (Note:

OPC is for each unit) Good 6 Years $ 5,000.00

D3010.3Electric Heat (Unit Heaters and Baseboards) - Replace as

required. (Note: OPC is for each unit) Good 6 Years $ 500.00

HVAC HVAC

Insert Photo Here

Direct Expansion Fan Coil Unit - Split AC System

Insert Photo Here

Electric Heat - Baseboard

Insert Photo Here

Direct Expansion Fan Coil - Split Heat Pump System

Insert Photo Here

Insert Photo Here



01-Feb-19

KEL.123343.0001

Item



PLUMBING Plumbing

Date of Site Visit:

RJC Job No.:

Building:

D30 HVAC

D3020

Description

Assessment


HVAC

Exhaust/Ventilation Systems

• Ventilation for second floor residential suites is provided by

operable windows (natural ventilation) in combination with

bathroom exhaust fans.

• There is no outdoor air provided for the main floor commercial

suites.

• Ventilation for the basement is provided by louvres on the

main floor ducted down to the basement in combination with

exhaust fans.


Recommendation

D3020.1Exhaust Fans - Replace or repair as required. (Note: OPC

is for each unit) Very Good 16 $ 500.00

Insert Photo Here

Outdoor Air Ventilation Duct to Basement

Insert Photo Here

Outdoor Air Louvre

Insert Photo Here

Basement Exhaust Fan

Insert Photo Here

Insert Photo Here



01-Feb-19

KEL.123343.0001

Item



PLUMBING Plumbing

Date of Site Visit:

RJC Job No.:

Building:

D30

D3030Description

Assessment


Control Systems

• The HVAC control systems are based on programmable and

standard thermostats.


Recommendation

D3030.1Thermostats - Replace as required.

Good 5 to 10 years $ 100.00

HVAC HVAC

Insert Photo Here

Standard Thermostat

Insert Photo Here

Programmable Thermostat

Insert Photo Here



01-Feb-19

KEL.123343.0001

Item



PLUMBING Plumbing

Date of Site Visit:

RJC Job No.:

Building:

D40

D4010Description

Assessment


Fire Suppression

• Fire suppression systems have been provided for this building,

but only serve the basement.

• Provisions for a 6" connection to a future building have been

provided and piped through the basement wall.


Recommendation

D4010.1Fire suppression systems - provide regular service as

required. Good N/A N/A

FIRE PROTECTION FireProtection

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Fire Sprinklers - Basement Only

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Fire Department Connection

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Sprinkler Tree - Basement Mechanical Room

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Appendix D Electrical

Prepared by:

Falcon Engineering Ltd.


01-Feb-19

KEL.123343.0001

Item

D50

D5020

Description

Assessment



Electrical Service and Distribution


ELECTRICAL Electrical

Date of Site Visit:

RJC Job No.:

Building:

Recommendation

D5020.1 None Very Good 30 years $ -

• There are no issues with the electrical service and distribution equipment. This equipment is expected to last 30+ years with minimal maintenance.

• The electrical service consists of a 600V-200A supply from a 500kVA BC Hydro Padmount transformer located at the southeast corner of the building. This transformer is sized to also feed a future multi family residential building on the adjacent lot.

• The main switch feeds a 150kVA 600-120/208Volt dry type distribution transformer located in the same room. This transformer supplies the meter centre which in turn feeds each residential suite (2P-100A) and each commercial space (Two at 2P-125A and one at 2P-200A), as well as a common area panel.

• Feeders consist of NMD-90 non-metallic sheathed cable to the residences and ACWU-90 armoured cable to the CRU panels.

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MAIN SWITCH AND METER CENTRE

Typical CRU Panelboard

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Typical Suite - Washroom Fixtures



01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

D50

D5030

Description

Assessment


General Purpose Electrical Power

• Wiring is provided in armoured cable to the main floor air handling units and outdoor condensors from the CRU panels

• The residential suites are wired to electrical code requirements

• Wiring methods and general purpose electrical is properly installed and expected to last many years with no upgrades required.

Recommendation

D5030.1 None Good 30+ Years $ -


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Dual Feed to Fan Coil

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Electric Heat - Baseboard

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Wiring to CRU Fan Coil

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01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

D50 Electrical

D5040

Description

Assessment


Suite Lighting replace as required Good 10 $ 50.00

ELECTRICAL

Lighting

• Common area lighting consists of T8 fluorescent utility lights with electronic ballasts

• Suite lighting is standard surface mount residential luminaires

• Exterior lighting consists of HID wallpacks and compact fluorescent pot lights

• Anticipated life of the lighting equipment is in the range of 10

years. Luminaires should be replaced with LED as they fail.

Recommendation

D5040.1 Interior Fluorescent Lighting replace as required with LED Good 10 $ 100.00

D5040.2 Exterior Lighting replace as required with LED Good 10 $ 200.00

D5040.3

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Exterior HID Wallpack

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Typical Common Area Fluorescent Light

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01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

D60

D6020

Description

Assessment


Voice Communications

• Telus and Shaw Cable service is provide to the building and distributed to each suite and CRU space.

• An entry panel which utilized the telephone wiring is provided for the residential suites


Recommendation

D6020.1 None Good 20+ years $ -

Communications Communications

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Entry Panel at Main Residential Entry

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Telus/Shaw Entry

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01-Feb-19

KEL.123343.0001

Item




Date of Site Visit:

RJC Job No.:

Building:

D70

D7050

Description

Assessment


Detection and Alarm

• The building is protected by an Edwards EST addressable fire alarm panel that monitors the basement sprinkler system, pull stations at exit doors, and fire detectors in suites and CRUs. Strobes and suiter buzzers are installed as required by code.

• The remote annunciator is installed outdoors at the main entrance.• The fire alarm system is of modern design and construction and spare parts are readily available


Recommendation

D7050.1 Fire Alarm System Good 10+ Years $ 7,500.00

D7050.2 Fire Alarm Remote Annunciator Fair 5+ years $ 2,000.00

Electronic Safety and Security ElectronicSafetyAndSecurity

Fire Alarm Panel Located in Main Electrical Room

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Exterior Fire Alarm Annunciator at Main Entrance

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Exhibit “K” Purchase Contract

INITIALS

Salesperson:

Offer to Purchase and Agreement of Purchase and Sale (The “ Purchase Agreement” )

VENDOR: VENDOR’S SOLICITORS: Sunlake Construction Ltd. Benson Law LLP #209 – 151 Asher Road 270 Highway 33 West Kelowna, BC, V1X 3H5 Kelowna, BC, V1X 1X7 Attention: Robert Tonsoo PURCHASER(S):

Full Name: Full Name: (Mr. Miss Ms. Mrs.) (Mr. Miss Ms. Mrs.)

Occupation: Occupation:

Address: Address:

City: City:

Province: Postal Code: Province: Postal Code:

Tel: Bus: Tel: Bus:

Fax: Sin : Fax: Sin :

Email: Email: I/ WE THE ABOVE PURCHASER(S) HEREBY OFFER to purchase Strata Lot (the “ Strata Lot” ) as more specifically described in the proposed strata plan (the “ Strata Plan” ) attached as an exhibit to the Disclosure Statement (hereinafter defined) and also described as Suite ______, ________________, West Kelowna BC at the price and on the terms and conditions contained herein. 1.01 PURCHASE PRICE AND DEPOSITS The purchase price (the “ Purchase Price” ) for the Strata Lot is the sum of: $______________________________________________________________________, and additionally, the Purchaser must pay GST upon completion, over and above the Purchase Price The Purchase Price is payable in lawful money of Canada as follows: a) a deposit (the “ Initial Deposit” ) of 10% of the Purchase Price upon presentation of this Purchase Agreement to the Vendor $______________ b) a further deposit (the “ Second Deposit” ) of an additional 5% of the Purchase Price payable the later of:

sixty (60) days after acceptance of this Offer by the Vendor; $ _______ (NOTE: Deposits (a) and (b) should total fifteen percent (15%) of the Purchase Price, and shall be known collectively as the “ Deposit” ) c) the balance of the Purchase Price, subject to adjustments described herein (the “ Balance” ) shall be paid on the Completion Date (as hereinafter defined) $ _______ All deposits shall be made payable to BENSON LAW LLP “ in trust” . 1.02 The Purchase Price includes the following equipment, appliances and furnishings: [a] one frost free refrigerator [c] one microwave [b] one kitchen range [d] one dishwasher

Suite ________ SL _______

1.03 Completion, Possession and Adjustment Dates: See Paragraph 4 of Addendum “ A” attached hereto. 1.04 As part of the Purchase Price, the Vendor shall ensure that the Purchaser has a limited common property designation

associated with the Strata Lot for: ___________ residential parking stall ___________ storage locker in the building housing the Strata Lot. 1.05 The Purchaser acknowledges having received and having had sufficient opportunity to read the Disclosure Statement

prepared by the Vendor with respect to the building project containing the Strata Lot, prior to entering into this Offer. THE TERMS AND CONDITIONS ATTACHED HERETO AS ADDENDUM “A” ARE PART OF THIS AGREEMENT. READ THEM CAREFULLY BEFORE YOU SIGN. The Purchaser hereby confirms that he/she/they has/have read this Purchase Agreement including the attached Addendum “ A” and further confirm that other than the warranties and representations and the terms and conditions contained in writing therein and in the Disclosure Statement, NO REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS MADE BY ANY PERSON OR AGENT NOT CONTAINED HEREIN SHALL BE BINDING UPON THE VENDOR. This Purchase Agreement will be open for acceptance by the Vendor up to and including 5:00 PM PST time on the ______________day of ___________________________, 20__ and upon acceptance by the Vendor will be a binding agreement for the purchase and sale of the Strata Lot on the terms and conditions herein contained. THE PURCHASER HAS EXECUTED THIS AGREEMENT this __________ day of ______________________________, 2__. Witness Purchaser Witness Purchaser THIS PURCHASE AGREEMENT is accepted by the Vendor this _____ day of _______________, 20__, and receipt of the Initial Deposit is hereby acknowledged.

SUNLAKE CONSTRUCTION LTD. Per: Authorized Signatory

S.L. No. __________________ Unit No. ________________

ADDENDUM “A”

1. Completion date. The Purchaser will deliver the balance of the purchase price at the Purchaser’s expense by way of a solicitors CHEQUE or BANK DRAFT, to Benson Law LLP by NO LATER THAN 2:00 p.m. on the Completion Date (the “Completion Date”). The Completion Date will be the 21st day after the Vendor or the Vendor’s Solicitors notifies the Purchaser or the Purchaser’s solicitors (the “Purchaser’s Solicitors”) that the Strata Lot is ready to be occupied. Whether the Strata Lot is ready to be occupied refers to the Strata Lot and not any other strata lot or common property within the Development and the Strata Lot will be deemed to be ready to be occupied on the Completion Date if the City of West Kelowna has given oral or written permission to occupy the Strata Lot, whether such permission is temporary, conditional or final. If the Completion Date is a Saturday, Sunday, holiday or a day upon which the applicable Land Title Office is not open for business, the Completion Date shall be the immediate following business day. The notice of the Completion Date delivered from the Vendor or the Vendor’s solicitor to the Purchaser or the Purchaser’s Solicitors may be based on the Vendor’s estimate as to when the Strata Lot will be ready to be occupied. If the Strata Lot is not ready to be occupied on the Completion Date so established, then the Vendor may delay the Completion Date from time to time as required, by notice of such delay to the Purchaser or the Purchaser’s solicitors. If the Completion Date has not occurred or been established as set out in this Section by ______________________________________ (the “Outside Date”), then this Contract will be terminated, the Deposit and any interest thereon will be returned to the Purchaser and the parties will be released from all of their obligations hereunder, provided that: a) if the Vendor is delayed from completing construction of the Strata Lot as result of earthquake, flood

or other act of God, fire explosion or accident, howsoever caused, act of any governmental authority, strike, lockout, inability to obtain or delay in obtaining labour, supplies, materials or equipment, delay or failure by carriers or contractors, breakage or other casualty, climactic condition, interference of the Purchaser, or any other event of any nature whatsoever beyond the reasonable control of the Vendor, then the Outside Date will be extended for a period equivalent to such period of delay; and

b) the Vendor may, at its option, exercisable by notice to the Purchaser, in addition to any extension pursuant to subsection 1(a) and whether or not any delay described in subsection 1(a) has occurred, elect to extend the Outside Date for up to 180 days.

The Vendor confirms that it currently estimates that the Completion Date will occur on or about

______________________. The Purchaser acknowledges that this date has been provided by the Vendor as a matter of convenience only, is not meant to be legally binding upon the Vendor and that the actual Completion Date will be established in the manner set out above.

2. Conveyance. A Vendor’s Statement of Adjustments and a freehold transfer for the Strata Lot and, if required

by the Vendor, a certificate as to the GST/HST registered status of the Purchaser are to be delivered at the Purchaser’s expense to the office of the Vendor’s Solicitor, Benson Law LLP located at 270 Highway 33 West, Kelowna, British Columbia, V1X 1X7 (250-491-0206) by the Purchaser’s Solicitors 3 full business days prior to the Completion Date. The Vendor will execute and deliver such statement of adjustments, transfer and certificate (if required) to the Purchaser’s solicitors prior to the Completion Date on the condition that, forthwith upon the Purchaser’s solicitors obtaining a post registration index search from the applicable Land Title Office indicating that, in the ordinary course of Land Title Office procedure, the Purchaser will become the registered owner of the Strata Lot (subject only to the Permitted Encumbrances and charges for which the Purchaser is responsible), the Purchaser will cause payment of the balance of the Purchase Price due on the Completion Date to be made by the Purchaser’s Solicitors to the Vendor’s Solicitors. The transfer of the Strata Lot will also be subject to the Vendor’s financing arranged in connection with the Development or any builders’ lien claims provided that the Vendor’s Solicitors undertake to clear title to the Strata Lot of all encumbrances related to such financing and such builders’ liens claims within a reasonable period of time after receiving the balance of the Purchaser Price due on the Completion Date. The Purchaser acknowledges that the Vendor’s financing may remain as a charge against the common property of the Development until the Vendor has completed the sale of the balance of the strata lots in the Development whereupon the Vendor covenants such financing will be discharge entirely.

S.L. No. __________________ Unit No. ________________

If the Purchaser is relying upon a new mortgage to finance the Purchaser Price, the Purchaser, while still

required to pay the Purchase Price on the Completion Date, may wait to pay the Purchase Price to the Vendor until after the transfer and new mortgage documents have been lodged for registration in the appropriate Land Title Office, but only if, before such lodging, the Purchaser has: (a) made available for tender to the Vendor that portion of the Purchase Price not secured by the new mortgage; and (b) fulfilled all the new mortgagee’s conditions for funding except lodging the mortgage for registration; and (c) made available to the Vendor a solicitor’s or notary’s undertaking to pay the Purchaser Price upon the lodging of the transfer and new mortgage documents and the advance by the mortgagee of the mortgage proceeds.

3. Deposit. The Deposit shall be dealt with by the Vendor’s agent as follows:

a) The Deposit, or any portion thereof, received under the terms of this Agreement will be held by the Vendor’s agent in accordance with the provisions of the Real Estate Development Marketing Act. Subject to sub-sections 3(c) and (d) hereof, any interest on the Deposit shall accrue to the benefit of the Purchaser until that date which is no more than fourteen (14) days prior to the Adjustment Date, after which any interest shall accrue to the benefit of the Vendor. Any interest, which accrues to the benefit of the Purchaser, shall be credited against the Purchase Price on the Statement of Adjustments.

b) If the Purchaser completes the purchase of the Strata Lot on the terms and conditions contained herein, then the Deposit, together with any interest earned thereon, shall be applied to the Purchase Price and be paid to the Vendor;

c) If the Purchaser fails to complete the purchase of the Strata Lot, then the Deposit and any accrued interest thereon will be absolutely forfeited to the Vendor; or

d) If the Vendor fails to complete the sale of the Strata Lot, then the Deposit (or that portion of the Deposit paid or due to be paid by the Purchaser under the terms of this Agreement) together with any interest thereon shall be paid to the Purchaser and the Purchaser shall have no further claims against the Vendor.

Notwithstanding the aforementioned, the Purchaser acknowledges and agrees that the Vendor’s agent who, as stakeholder, holds the Deposit in trust is permitted to charge an administrative fee equal to the lesser of the interest accrued and earned on the Deposit and $100.00.

The payment of any funds to the Vendor pursuant to Sections 3 or 7 of this Addendum “A” shall not be deemed to be all inclusive liquidated damages and shall not preclude any further claims or remedies by the Vendor against the Purchaser arising pursuant thereto.

The Purchaser understands that under Section 19 of the Real Estate Development Marketing Act (British Columbia), developers may enter into a deposit protection contract with an approved insurer pursuant to which the deposits paid by purchasers of land which is proposed to be subdivided or strata titled may be released to the developer. As a result, the Vendor, at its sole option, may enter into a deposit protection contract as required by such legislation with respect to the Deposit (or any portion thereof) and the Strata Lot. The Deposit (or such portion thereof) shall be released to the Vendor in accordance with such insurance contract or security agreement and the provisions of Sections 3 and 7 shall be deemed to have been amended accordingly. Notwithstanding the aforementioned provisions, if the Vendor enters into a deposit protection contract as contemplated in this Section 3, the Purchaser acknowledges that no interest will accrue or be earned on the Deposit as of the date such deposit protection contract is entered into.

4. Possession, Risk and Adjustment. The Purchaser will assume all taxes, rates, local improvement assessments, water rates and sewage rates, assessments of the strata corporation of which the Strata Lot forms a part, and all other adjustments both incoming and outgoing of whatever nature in respect of the Strata Lot will be made as of the date the balance of the Purchase Price is due (the “Adjustment Date”). If the amount of any such taxes, rates or assessments have been levied in respect of the entire Lands, including any Air Space Parcel, (as defined in the Disclosure Statement), the Vendor shall in its sole discretion allocate such taxes first between the Lands and the Air Space Parcel, if any, and then among all of

S.L. No. __________________ Unit No. ________________

the strata lots of the Development on the basis of the applicable unit entitlement figure in each case. The Strata Lot is to be at the risk of the Vendor to and including the day preceding the Completion Date, and thereafter at the risk of the Purchaser. So long as the Purchase Price and all other amounts payable by the Purchaser to the Vendor in respect of the Strata Lot have been paid in full, the Purchaser may have possession of the Strata Lot on the day following the Completion Date (the “Possession Date”). The Purchaser acknowledges that the Vendor may not appear on title as the registered owner of the Strata Lot and agrees, notwithstanding any provisions to the contrary herein or in the Property Law Act (or successor statues), to accept a Form A of the Strata Lot and other closing documents executed by a party other than the Vendor.

The Purchaser is responsible for all utility charges as of the Possession Date and must ensure that they notify the necessary utility companies to have the utilities transferred into their name on Possession. In the event the Purchaser does not transfer the utilities into their name as of the Possession Date, any charges to the Vendor that should be the Purchaser’s responsibility will be paid to the Vendor in full within 5 business days of notification. If said amount is not paid within the 5 business days, a $50.00 charge will be applied to the outstanding amount.

5. Builders’ Lien Holdback. That portion, if any, of the balance of the Purchase Price required by law to be held back by the Purchaser in respect of builders’ lien claims (the “Lien Holdback”) will be paid to the Vendor’s Solicitors on the Completion Date. The Lien Holdback will be held in trust for the Purchaser pursuant to the Strata Property Act (British Columbia) and Builders Lien Act (British Columbia) (or successor statutes) solely in respect of lien claims registered in the applicable Land Title Office in connection with work done for the Vendor. The Vendor’s Solicitors are authorized but not required to invest the Lien Holdback in an interest bearing trust account and to pay to the Vendor (or as directed by the Vendor),on the earlier of (i) the date on which the time for filing a claim of lien under the Builders Lien Act expires; and (ii) the date which is 55 days after the date that the balance of the Purchase Price become due as aforesaid, the Lien Holdback plus interest, if any, accrued thereon, less the amount of any builders’ lien claim filed against the Strata Lot of which the Purchaser or the Purchaser’s Solicitors notify the Vendor’s Solicitors in writing by 1:00 p.m. on that day.

6. Disclosure Statement. The Purchaser acknowledges that the Purchaser has received a copy of the disclosure statement for the Development including all amendments thereto, if any, filed up

to the date hereof (collectively the “Disclosure Statement”) and has been given a reasonable opportunity to read the Disclosure Statement and the execution by the Purchaser of this Agreement will constitute a receipt in respect thereof. The Disclosure Statement contains provisions explaining the obligations of the owner for the Strata Lot to pay monthly contributions to the common expenses of the Strata Corporation (Strata Fees).

7. Time of Essence. Time will be of the essence hereof and unless all payments on account of the Purchase Price, together with adjustments thereto as provided herein and all other amounts payable hereunder are paid when due, then the Vendor may, at its option:

a) terminate this Agreement by written notice to the Purchaser and, in such event, the Deposit and all

accrued interest thereon will be absolutely forfeited to the Vendor without prejudice to the Vendor’s other remedies and the Vendor’s solicitors are hereby irrevocably authorized and directed by the Purchaser to pay the amount held by them and any such interest as may have accrued thereon to the Vendor upon written demand therefore by the Vendor; or

b) elect to extend the Completion Date to a certain date determined by the Vendor, time to remain of the essence hereof, and subject to the Vendor’s right in its sole discretion, to grant further extensions to a certain date each time, in which event the Purchaser will pay to the Vendor, in addition to the Purchase Price, interest on the unpaid portion of the Purchaser Price and other unpaid amounts payable hereunder at the rate of 2% per month (24% per annum), calculated daily and compounded monthly not in advance, from the date upon which such portion and amounts were due to the date upon which such portion and amounts are paid.

S.L. No. __________________ Unit No. ________________

The Vendor may cancel this Agreement pursuant to subsection 7(a) at any time after extending the Completion Date pursuant to subsection 7(b) if the Purchaser fails to complete on or before such extended date.

8. Entire Agreement/Representations. The Purchaser acknowledges and agrees that this Agreement constitutes the entire agreement between the parties with respect to the sale and purchase of the Strata Lot and supersedes any prior agreements, negotiations or discussions, whether oral or written, of the Vendor and the Purchaser, and that there are no representations, warranties, conditions or collateral contracts, expressed or implied, statutory or otherwise, or applicable hereto, made by he Vendor, its agents or employees, or any other person on behalf of the Vendor, other than those contained herein and in the Disclosure Statement, including, without limitation, arising out of any sales brochures, models, websites, representative view sets, showroom displays, photographs, illustrations or renderings or other marketing materials provided to the Purchaser or made available for his viewing. In particular the Purchaser acknowledges and agrees that the materials specifications, details, dimensions and floor plans set out in any materials viewed by the Purchaser are approximate and subject to change without notice in order to comply with building site conditions and municipal, structural and Vendor and/or architectural requirements.

9. Construction. a) The Strata Lot is as shown on the preliminary plans attached to the Disclosure Statement given to the

Purchaser (the “Preliminary Plans”). The Vendor may make alterations to the features and layout of the Strata Lot without compensation to the Purchaser.

b) The Purchaser acknowledges that the total expected area of the Strata Lot (the “Expected Area”) as shown on the Preliminary Plans (and the room measurements as shown in any advertising materials) are approximate only and may vary from the actual area (the “Actual Area”) as shown on the final strata plan registered in the Land Title Office. If the proportion by which the Actual Area varies from the Expected Area (the “Variance”) is less than or equal to five percent (5%), then there will be no adjustment to the Purchase Price. If the Variance is more than five percent (5%), then the Purchase Price will be increased or decreased, as the case may be, by the “Adjustment Factor” (as hereinafter defined) per square foot in respect of that part of the Variance which is more than five percent (5%). If the Variance is more than ten percent (10%), then the Purchaser may by written notice cancel this Contract, whereupon the Purchaser will be entitled to repayment of the Deposit unless the Variance is positive by virtue of the Actual Area exceeding the Expected Area and the Vendor waives the adjustment to the Purchase Price in which event the Purchaser will complete the transaction on the Completion Date. In this paragraph “Adjustment Factor” means the price per square foot determined by dividing the Purchase Price by the Expected Area.

10. Issuance of Building Permit. a) The Purchaser may cancel this Contract of Purchase and Sale for a period of seven days after receipt

of an amendment to the Disclosure Statement that sets out particulars of the issued building permit if the layout or size of the applicable strata lot, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the Development is materially changed by the issuance of the building permit.

b) If an amendment to the Disclosure Statement that sets out particulars of an issued building permit is not received by the Purchaser within 12 months after the initial Disclosure Statement was filed, the Purchaser may at the Purchaser’s option cancel this Contract of Purchase and Sale at any time after the end of that 12 month period until the required amendment is received by the Purchaser, at which time the Purchaser may cancel this Contract of Purchase and Sale for a period of seven days after receipt of that amendment only if the layout or size of the applicable strata lot, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the Development, is materially changed by the issuance of the building permit.

c) The amount of the deposit to be paid by a purchaser who has not yet received an amendment to the Disclosure Statement that sets out particulars of an issued building permit shall not exceed more than 10% of the Purchase Price.

S.L. No. __________________ Unit No. ________________

d) All deposits paid by the Purchaser, including interest earned if applicable, will be returned promptly to the Purchaser upon notice of cancellation from the Purchaser.

11. Issuance of Financing Commitment. a) If an amendment to the Disclosure Statement that sets out particulars of a satisfactory financing

commitment is not received by the Purchaser within 12 months after the initial Disclosure Statement was filed, the Purchaser may at his or her option cancel the Contract of Purchase and Sale at any time after the end of the 12 month period until the required amendment is received by the Purchaser.

b) The amount of deposit to be paid by a Purchaser who has not yet received an amendment to the Disclosure Statement that sets out particulars of a satisfactory financing commitment shall not exceed more than 10% of the Purchase Price.

c) All deposits paid by the Purchaser, including interest earned if applicable, will be returned promptly to the Purchaser upon notice of cancellation from the Purchaser.

12. Inspection. The Purchaser or his representative and a representative of the Vendor will inspect the Strata Lot at a reasonable time designated by the Vendor by written notice or by telephone prior to the Completion Date. The Purchaser may at his option forfeit this inspection and will be deemed to be satisfied with and to have accepted the physical condition of the Strata Lot (including the existing kitchen, bathroom and other installations, equipment, appliances and furnishings) on the Completion Date. At the conclusion of such inspection, a conclusive list of any defects or deficiencies (the “Deficiencies”) will be prepared which are to be rectified by the Vendor. The parties will sign the list and the Purchaser will be deemed to be satisfied with and to have accepted the physical condition of the Strata Lot (including the existing kitchen, bathroom and other installations, equipment, appliances and furnishings) subject only to the Deficiencies. The Purchaser covenants and agrees to complete the purchase of the Strata Lot on the Completion Date on the terms and conditions herein contained notwithstanding that the Deficiencies may be rectified subsequent to the Completion Date. The Purchaser will not be allowed to have access to the Strata Lot except for this inspection prior to the possession date. No holdback will be made on closing in respect of the Deficiencies or other deficiencies.

13. Costs. The Purchaser will pay all costs in connection with the sale and purchase of the Strata Lot (including property transfer tax and any federal and provincial sales, goods and services, value added or other tax required to be paid by the Purchaser in connection with the purchase and sale of the Strata Lot and the equipment and appliances included with the Strata Lot), other than the costs of the Vendor incurred in clearing title to the Strata Lot. Without limiting the generality of the foregoing, the Purchaser agrees that the Purchase Price does not include GST and that, if and to the extent required under Part IX of the Excise Tax Act (Canada), he will remit to the Vendor on the Completion Date any GST that may be eligible under Part IX of the Excise Tax Act (Canada) in respect of the transaction contemplated herein, and the Vendor agrees that it will remit such funds or otherwise account for such funds to Canada customs and Revenue Agency (“Revenue Canada”) in accordance with its obligations under Part IX of the Excise Tax Act (Canada). Notwithstanding the foregoing, if the Purchaser is a corporation which is registered for GST purposes and, on or before the Completion Date, the Purchaser provides the Vendor with a certificate as to the GST registered status of the Purchaser containing the Purchaser’s GST registration number, the Purchaser will not be required to pay the GST to the Vendor but will be entitled to self-assess the GST and account for the same directly to Revenue Canada.

14. Assignment. Unless the Vendor consents and such consent is in compliance with the following paragraph, the Vendor will not be required to convey the Strata Lot to anyone other than the Purchaser named herein. The Vendor may, at its option, charge an administration fee equal to 1.5% of the Purchase Price as consideration for agreeing to an assignment of the Purchaser’s interest in the Strata Lot or in this Agreement and for any associated legal and administrative costs, except that there will be no such charge if the assignee is the Purchaser’s spouse, parent, child, grandparent or grandchild. Following any assignment, the assignor will not be relieved of his obligations hereunder but will continue to remain liable to perform all obligations of the Purchaser under this Agreement. The Purchaser will not advertise or solicit offers from the public with respect to the resale of the Strata Lot by the Purchaser before the Completion Date without the express written consent of the Vendor, which consent may be arbitrarily withheld.

S.L. No. __________________ Unit No. ________________

Without the Vendor’s prior consent, any assignment of the Purchase Agreement is prohibited.

An assignment under the Real Estate Development Marketing Act is a transfer of some or all of the rights, obligations and benefits under a purchase agreement made in respect of a strata lot in a development property, whether the transfer is made by the purchaser under the purchase agreement to another person or is a subsequent transfer.

Each proposed party to an assignment agreement must provide the developer with the information and records required under the Real Estate Development Marketing Act.

Before the Developer consents to an assignment of a purchase agreement, the Developer will be required to collect information and records under the Real Estate Development Marketing Act from each proposed party to an assignment agreement, including personal information, respecting the following:

(a) the party’s identity;

(b) the party’s contact and business information;

(c) the terms of the assignment agreement.

Information and records collected by the developer must be reported by the developer to the administrator designated under the Property Transfer Tax Act. The information and records may only be used or disclosed for tax purposes and other purposes authorized by section 20.5 of the Real Estate Development Marketing Act, which includes disclosure to the Canada Revenue Agency.

15. Successors & Assigns. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.

16. Marketing Program. The Purchaser agrees that the Vendor may continue to carry out construction work on the Development after the completion of the purchase of the Strata Lot by the Purchaser. The Purchaser acknowledges and accepts that such work may cause inconvenience to the use and enjoyment of the Strata Lot. The Purchaser will not impede or interfere with the Vendor’s completion of construction of other strata lots, the common property or the Development. The Purchaser acknowledges that the Vendor may retain strata lots in the Development for use as sales and administrative office and/or display suites for marketing purposes or otherwise. The Purchaser agrees that for so long as the Vendor is the owner of any strata lots in the Development, the Vendor may carry out marketing, promotional and sales activities within the common property (including parking stalls and recreational facilities) of the Development or strata lots owned or leased by the Developer, including, without limitation, maintaining display suites, other display areas, parking areas and signage (including signage on the exterior of the Development) and permitting public access to same for the purpose of marketing any unsold strata lots. In addition, the Developer may conduct tours of the Development from time to time with prospective purchasers and hold events and other activities within the Development in connection with the marketing and sales activities.

17. Condition Removal. Notwithstanding anything herein contained to the contrary, if the Purchaser’s or the Vendor’s obligation to purchase or sell the Strata Lot is subject to any conditions precedent then the conditions shall be set out in Addendum ”C” attached to this Contract. If written waiver is not provided by the party whom the condition is to benefit within the time indicated for such, then this Agreement shall terminate and the Deposit together with any accrued interest thereon less the Stakeholder’s reasonable administration fee shall be promptly refunded to the Purchaser.

18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of British Columbia.

19. Contractual Rights. This offer and the agreement which results from its acceptance creates contractual rights only and not any interest in land. The Purchaser will acquire an interest in land only upon completion of the purchase and sale contemplated herein.

S.L. No. __________________ Unit No. ________________

20. Purchaser’s Solicitors. The Purchaser’s solicitors are:

Name:

Address:

Telephone Number:

Fax Number: