1.1 The Property Owner agrees that the purposes underlying this agreement include but are not limited to:

a) preservation of the natural environment as much as possible;
b) protection and maintenance of the market value of the Property and other properties; i.e. aesthetics are important to overall value of the property.
c) respect for the rights of neighboring Property Owners.
d) Completion of construction in a timely manner

1.2 All development and use of the Property must also comply with the Rural Municipality of Loreburn #254 Bylaws.

1.3 Building permits are required from the Bays on Diefenbaker ( BOND ) and the RM 254.

1.4 Definitions:

Building Accessory: a subordinate detached building, which serves a main building or main use and is located on the same site. The purpose of all accessory buildings is to provide better and more convenient function of the primary building or use.

Dwelling: Single Detached: a detached building consisting of one dwelling unit as herein defined; and occupied or intended to be occupied as a permanent home or residence, and shall include a Modular Home as herein defined, but shall not include a mobile home or trailer coach as herein defined.

Dwelling, hybrid RTM: A dwelling that meets portions of the national building code and portions of the Canadian standards Association, construction standard number Z241 series, is neither a dwelling or park model recreational vehicle as defined in this bylaw.

Garage: a building which is detached from or attached to a dwelling and which functions as a subordinate, accessory use primarily to store personal vehicles of the occupants of that dwelling.

Modular Dwelling: a dwelling unit which is constructed in two or more sections off-site, transported to an approved site, attached to an approved foundation (national building code) and which functions as a single detached dwelling. The Unit must conform CSA standard A277.

Park Model Dwelling: a recreational vehicle that conforms to Canadian standards Association, construction standard number Z241series, Park model trailers. The recreational vehicle/ dwelling unit is designed to facilitate occasional relocation, with living quarters for a
temporary or seasonal use; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and has facilities for washing and a water closet or other similar facility that may be connected to a sewage system.

Recreational vehicle: a unit intended to provide temporary living accommodation for campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motorhomes, fifth wheels, and travel trailers.

2.1 Some properties may at the discretion of the Developer be subject to easements in favor of suppliers of water, power, and wastewater utilities and services, including SaskPower for location of a transformer. The Property Owner acknowledges that the location of any transformer and which lots will be affected by any such easements, will not be known until such utility and service providers complete their design work and the Developer has negotiated the terms and conditions thereof. The Property Owner further specifically acknowledges and agrees that the Property may be subject to any such easement, and that the same shall not affect or result in a decrease or abatement of the purchase price of the Property.

3.1 The Developer makes no representations or warranties for the date at which or that such utilities and services will be available but will use its best efforts to have the same delivered to the development as soon as practicable. For example, the developer has a goal of installing the marina, the date on when this will happen is dependent on a number of factors and therefore no firm date can be established as of the very early stages of the development.

3.2 Conditional upon such service becoming available, the purchase price of the lot includes power and water services, to the development, but the Property Owner shall be responsible for all application and hookup fees and costs of equipment and installation in connection therewith.

3.3 Yearly service fees for water service (potable and not-potable) and the boat launch will be determined once the Developer is able to make those services available.

4.1 At the date of execution of this Agreement, the Rural Municipality of Loreburn #254 has agreed to provide gravel road maintenance after the two-year warranty period has expired. The Developer makes no representations or warranties that such services will be provided indefinitely.

4.2 The Property Owner bears sole responsibility for all costs associated with the maintenance of access (“the Approach”) to the Property from the roads and access constructed by the Developer, who will install any culverts that may be required for such Approach, all in accordance and compliance with the municipal standards. The Developer has recommended that pre- and post-construction approval of the Rural Municipality of Loreburn #254 foreman be obtained by the property owner in connection with the construction of the laneway from the approach to the property owner’s parking area.

4.3 The Approach surface is not included in the calculation of the building envelope.

4.4 No on-street parking is permitted anywhere in the Bays on Diefenbaker (subdivision development. Property Owners agree that they will direct their guests or other invitees to their property to park in designated guest parking areas, or on the property owner’s lot if sufficient space for parking is available. The Property Owner, as well, acknowledges that any vehicles parked “on-street” may be subject to being towed and impounded by, or on the direction of the developer, and/or the bylaw enforcement officer for the Rural Municipality of Loreburn #254 and in the event of such towing and impound occurring a fee will be payable to have the vehicle released.

4.5 Initial gravelling of the approach shall be done by the developer; subsequent gravel will be by the owner of the lot.

4.6 The Property Owner is solely responsible for the maintenance and snow removal related to his Approach and laneway.

5.1 The property owner must install wastewater tanks for his dwelling, in accordance with bylaws of the Rural Municipality of Loreburn #254 enacted from time to time. All wastewater tanks must be buried or contained within an accessory building that complies with construction specifications contained herein. No exposed water or wastewater tanks, or water supply systems will be permitted on the properties.

5.2 Wastewater tanks must each be a minimum 4,546 litres (1000 gallons).

5.3 The Property Owner is responsible for his own grey and sewage water disposal and agrees to follow all Federal, Provincial, Municipal, and Regional regulations with respect to the same, including, but not limited to The Saskatchewan Pollution & Drainage Regulations, and The Shoreland Pollution Control Regulations.

5.4 Each property with wastewater tanks shall have connections to haulers available at the property line. Costs related to the same shall be paid by the owner of such property.

5.5 The Property Owner further agrees that it will comply with all rules and regulations set out by the Saskatchewan Health Authority or any Health Authority having jurisdiction with regard to waste management and any other subject, and that it will comply with any further regulations or rules declared by any Federal, Provincial, Municipal, or regulatory body after the date of execution of this Agreement.

5.6 The Property Owner acknowledges and agrees that pursuant to the bylaws of the Rural Municipality of Loreburn #254, wastewater disposal must be handled by a licensed operator and dumped in a licensed facility.

5.7 No septic field pumpouts are permitted.

5.8 All plumbing and sewage systems require a permit and inspection from the appropriate
Health Authority.

5.9 The Property Owner agrees that neither the Developer nor the Rural Municipality of Loreburn #254 is responsible for the disposal of the Property Owner’s garbage.

5.10 The Property Owner is responsible for removal of household waste and garbage disposal from the Property. Construction garbage must be removed from the Property on a monthly basis. The Property Owner shall abide by all other garbage disposal regulations imposed by the Rural Municipality of Loreburn #254.

5.11 The Property Owner agrees to retain at its expense a reputable firm to provide garbage disposal services, but in any event bulk disposal bins are strictly prohibited. At this time, Loraas provides this service in the area.

5.12 No lumber, grass, shrubs or tree clippings, plant waste, metals, bulk materials, scrap, unsightly objects, construction materials, or debris shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure screened from view.

6.12 All Property Owners are prohibited from undertaking any further sub-division of their properties. However, the Developer retains the right to develop additional land in the area.

7.12 The Property Owner acknowledges that the Rural Municipality of Loreburn #254 requires permits for moving, construction and demolition of structures greater than 100 sq ft. The Property Owner is solely responsible for obtaining any moving, construction or demolition permits, or any inspections required by the said Rural Municipality, and is solely responsible for all costs associated with the same. The Property Owner further acknowledges that all development of his property must comply with the zoning and building bylaws of the said Rural Municipality and he agrees to so comply.

7.13 The following is applicable to the property owners in the Lakefront Zone:L1. Low density. The objective of the L1 large lot resort residential district is to provide for residential development in the form of single detached dwellings, RTM’s and modular homes on large lots, with standards for such development: see 1.3 definitions

a) travel trailers, motor homes, and motorized campers are permitted for temporary use only while a permanent residence is under construction, but for a period not exceeding 36 months from the date of purchase of the Property; none of them shall be skirted or otherwise affixed thereto for any permanent use.

b) the Property Owner may place in the lake no more than one dock per property, which dock may accommodate no more than two boats or alternatively one boat and two personal watercrafts, the location of dock shall be as designated by the Developer on the development map, with any variation therefrom due only to climate and lake conditions; no dock and no boat space thereof shall be rented to any third party. The developer has been granted a license and the authority from Saskatchewan agriculture Crown lands to give permission and assign docks to lakefront lot owners.

7.14 The following is applicable to the property owners in the zone designated as Interior ,L2.Median density. The objective of the L2 large lot resort residential district is to provide for residential development in the form of single detached dwellings, Park models, modular homes, RTM’s and hybrid type structures, on large lots with standards for such developments: see 1.3 definitions

Note: travel trailers, motorhomes, and motorized campers are permitted for temporary use only while a permanent residence is under construction, but for a period not exceeding 36 months from the date of purchase of the property, none of them shall be skirted or otherwise affixed thereto for any permanent use. The developer at his discretion may extend this time period if circumstances are warranted.

Construction requirements for lakefront and interior lots

a) there shall be no more than one dwelling constructed on each property.
b) the exteriors of the dwelling constructed, erected, or placed on the property must be completed within one year of commencement of the same, and shall comply with the following:

1. the dwelling must be of a minimum of 1,000 square feet of usable floor space on either one or two floors, not including any garage, deck, patio and sunroom; for lakefront lots and 500 ft.² for interior lots.
2. construction must be of new material;
3. siding must be vinyl, rock, wood, stucco or brick; metal and asphalt siding is prohibited;
4. roofing shall be asphalt shingles, metal, clay tiles, cedar shakes, or cedar shingles;
5. eavestroughs and downspouts must be installed;
6. the height of the dwelling shall not exceed 8.5 meters at its peak.

c) all buildings and structures, whether built or placed on the property, must comply with the setback requirements as set forth in the RM of Loreburn #254 by-laws (such setbacks to be measured from the portion of such building or structure located closest to the edge of the property); notwithstanding compliance with the setback requirements, any configuration of buildings and structures shall comply with and allow for the parking required by section 8 hereof:

1. eaves or overhangs on any temporary vacation trailer, building, or structure of any nature shall be set back at least 1.52 meters from any property line so as to not encroach upon the abutting property.

7.4 The following is applicable to Property Owners in the Perimeter resort residential zone, L3. Hi density

the objective of the L3 small lot residential zone is to provide for residential development in the form of single detached dwellings, destination trailers and recreational vehicles, on small lots, with standards for such development: see 1.3 definitions

a) The RV unit must be aesthetically pleasing and have the manufacturer’s data plate attached to the unit.

b) The Unit must be at CSA approved class A motorhome, class C motorhome, fifth wheel or park model home.

c) Park model units shall be skirted or parged within one (1) year of construction or delivery.

d) Skirting or parging of foundation on park model units and decks must be of either vinyl, vinyl clad material, stucco, rock, brick or similar finishing materials.

e) The cumulative total square footage of all R.V. units, Park Model units, buildings, temporary vacation trailers, and structures including decks (whether attached or unattached) shall not exceed 45% of the maximum surface area of the Property.

f) All RV and park model units, temporary vacation trailers, buildings and structures constructed, or placed upon the property must comply with the RM of Loreburn #254 setback requirements (setbacks are to be measured from the portion of the structure located closest to the edge of the property): notwithstanding etc as set out 7.3(c)

g) Eaves or overhangs on any R.V. Unit, Park Model unit, temporary vacation trailer, building, or structure, of any nature, shall not encroach upon the property line of the adjacent lot. A minimum 1.52-meter setback from the property line is required.

h) All R-V. Units constructed, erected, or placed on lots must be CSA approved at the date of their construction or fabrication, and must bear the CSA seal of approval. Mobile home trailers, single detached dwellings and trailer coaches that do not meet the CSA standards are strictly prohibited. All units must comply with RM of Loreburn’s bylaws

7.5 The following is applicable to all Property Owners:

a) Construction of the dwelling on lots must be closed in within 12 months of commencement of construction and completed within 36 months of the date of purchase of such Lot in the Lakefront and Interior zones.

b) Gazebos may be used for the purpose of providing shade and housing a picnic table and chairs. Gazebos must be anchored securely so as not to become a hazard to adjacent property. Gazebos shall be kept neat, tidy and in good repair at all times or must be removed from the property.

c) Accessory buildings constructed or placed upon the property must be maintenance free construction and in accordance with the construction standards and specifications set forth above.

d) Sheds may be constructed of wood, vinyl or metal. Sheds of wood construction must be sided with maintenance free material including vinyl siding, stucco, brick, aluminum, or other aesthetically pleasing maintenance free product.

e) The maximum area of a detached garage/shed shall not exceed 80.4 square meters and its height shall not exceed 16.4 feet at its peak. Large farm type sheds/Quonset’s are not permitted.

f) The cumulative square footage of all buildings (including both floors of the dwelling if two-storied), temporary vacation trailers, and other structures (whether attached or unattached) shall not exceed 45% of the surface area of the property.

g) Property Owners that wish to protect tires from the sun are required to use tasteful covers. Unpainted plywood or plastic tarps are prohibited.

h) Any fencing must be limited to the Property Owner’s property, and it is the individual Property Owner’s responsibility to ensure that fencing does not encroach on neighboring properties, municipal reserve, or environmental reserve areas. Location of property boundaries will be indicated by survey pins. Any additional identification of property boundaries will be responsibility of the Property Owner.

i) Barbed-wire fencing is not permitted on any property, for any purpose whatsoever.

j) Privacy or screening walls must not exceed 2 meters in height measured from natural grade.

k) Grading and Drainage: Surface drainage upon and across any building envelope must be addressed through the implementation of sound construction and grading practices. Any improvement which creates an obstruction to surface flows resulting in a back-up of storm waters onto a neighboring home site or tract is strictly prohibited.

l) Utilities. Any tanks, fuel storage, water tanks or similar storage facilities must be hidden behind appropriate screening by walls or structure so as to be completely hidden from view from municipal roadways and lakeshore or installed underground. Bulk fuel (gasoline or diesel) storage is prohibited.

m) The Developer will be arranging for potable water to be supplied as far as the curb stops of the lots located on the Plan. However, the Developer makes no representation or warranty that such utility and service will be available at any particular time, but the Developer will use its best efforts for such supply. The lot owner shall be
responsible for making all connections with the curb stop that are necessary to bring water to his dwelling. The property owner is required to have a minimum of 300 gallons of storage with an accompanying pressure system in case of water service interruption (as recommended by Saskatchewan Environment guidelines).

n) No wells are permitted.

o) Once the Developer has provided water supply service no water hauling is permitted unless there is a disruption in supply of water utility provided by the Developer or the Municipality.

p) Failure to complete construction of the connections with the curb stop to the dwelling and to commence the supply of water thereto within 36 months of the purchase closing shall result in a charge of $2,500.00 for each year or portion thereof until such supply commences, which shall be paid to the Developer or to such entity that it may direct.

q) Lighting. No street lighting will be employed by the Developer to minimize light pollution. No additional lighting by a Property Owner may occur outside of the building envelope. Lighting within the building envelope is permitted provided such lighting does not result in excessive glare toward neighboring properties or public areas. All exterior lighting must be of a low level intensity, with the source of light shielded, directed downward, and is subject always to the approval of the Developer.

r) Solar Applications. Active solar applications must be integrated into the structure of the site and the Property Owner must ensure that the solar panels do not result in excessive glare toward the street, neighboring properties or public areas.

s) Any accessory use or building constructed of a fabric material is prohibited.

t) Except as hereinbefore expressly permitted, Box Cars, Sea and Rail Containers are prohibited.

7.6 Developers Option to Repurchase

In the lakefront and interior lots, construction of a single detached dwelling obligation in accordance with the specifications provided for herein, shall commence no later than twenty four (24) months after the closing date and shall be completed with in thirty-six (36) months of the closing date. Any extension of the 36 month period needs to be approved by the developer.

1. If construction has not commenced within the period provided for, or in the event that the construction of the improvements has not been completed within the required thirty-six (36) month period, the developer shall have the irrevocable right to repurchase the property from the purchaser at a price equal to 75% of the purchaser’s original purchase price.

8.1 The Property Owner is encouraged to establish primary storage for his watercraft beside or behind the main dwelling, to minimize the watercraft’s visibility from the municipal road. Outdoor yard storage is discouraged. No outdoor storage of non-operational and/or unsightly vehicles, machinery or equipment is permitted at any time and in no case are they permitted for use as permanent occupancy accommodations. The Developer assumes no liability for the security of vehicles, of watercraft or items of any kind stored on the lot by the corner.

8.2 No on-street parking is permitted.

8.3 Parking surfaces and laneway must be graveled, concrete, asphalt, or paving stones. Dirt or grass surfaces for parking and laneways are not permitted.

8.4 All passenger vehicles or watercraft must be parked on the Property Owner’s own property or in an area specifically designated for accessory parking. No parking of passenger vehicles or watercraft is allowed on the roadways or municipal reserve areas.

8.5 Property owners are encouraged to have a sufficient parking area to accommodate the parking of guest vehicles. The developer will provide guest parking areas and in the event a property owner cannot accommodate guest vehicles on their own property, they are required to direct that the guests park in such designated guest parking areas.

8.6 Temporary Use Vacation Trailers„ must comply with the following zoning requirements:

a) Only one Vacation Trailer, which is not a mobile home and is used from time to time for a period not exceeding 30 consecutive days from April 1st to October 31st, for temporary sleeping accommodation of guests of a single detached dwelling shall be permitted on the same site as the dwelling;

b) No Vacation Trailer shall be kept for hire;

c) The facilities and amenities of the dwelling on the site shall be available at all times for the use of the occupants of the Vacation Trailer;

d) No Vacation Trailer shall be used as temporary sleeping accommodation from November 1st to March 31st since such Trailers are for summer, accessory sleeping purposes only,

9.1 The Property Owner is expressly prohibited from clearing any vegetation outside the boundaries of the Property, whether in the Environmental reserve area, the neighboring property, or elsewhere.

9.2 No clear cutting of vegetation outside of the building envelope will be permitted. Removal of vegetation requires the approval of the Developer, and failure to obtain such approval is subject to a charge of $2,000.00 payable to the Developer or its designate. Great care must be taken in designing site improvements around existing vegetation, so root systems remain intact. Lying and standing deadfall may be removed from site.

9.3 Property Owners shall not have open fires, except in properly constructed fire pits and in accordance with applicable provincial and municipal regulations and bylaws. The area around the fire pit must be prepared to ensure the fire is controlled. Property owners must comply with any fire restrictions or bans imposed by the Rural Municipality of Loreburn #254.

9.4 Basic landscaping on the property is mandatory. The Property Owner shall be responsible for all maintenance on the Property including, but not limited to mowing and trimming of grass, weeds, and trees and compliance with the Rural Municipality of Loreburn #254 bylaws regarding mandatory control of noxious weeds. Any landscaping carried out by the owner of a lot must be done in a manner that will not affect lot grade, water diversion or government regulated lot building elevations. The Developer reserves the right to impose restrictions regarding tree planting and other landscaping on designated utility easements. Cottonwood poplars should be avoided due to their negative impact on such things as boats and vehicles etc.

9.5 No open excavations shall be permitted on the property and no soil, sand or gravel shall be removed from the property except for the purpose of construction on the property, or for the improvement or landscaping of the property.

9.6 Tarp covers are not permitted for long term storage of any materials. No motor vehicle, watercraft or golf cart may be covered by an ordinary tarpaulin. Use of custom fitted, commercial, fabric coverings is encouraged.

10.1 No poultry, birds, livestock (swine, cattle, sheep, goats etc.) or animals of any kind other than domestic pets (dogs and cats) shall be kept on the property.

10.2 No domesticated household pets, regardless of type, shall be permitted to run at large or create a nuisance. A nuisance includes, but is not limited to, the following:

a) running at such a distance from its owner so as to be incapable of responding to voice or sight commands;

b) doing any act that injures a person or another animal;

c) chasing or otherwise threatening a person or another animal;

d) biting, barking at, or chasing livestock, bicycles or motor vehicles;
e) excessive barking or howling or otherwise disturbing any person or other animal; or

f) causing damage to property.

10.3 If a cat or dog defecates on any public or private property other than the property of its owner, the owner of the cat or dog shall remove the defecation immediately.

10.4 The maximum numbers of pets that the Property Owner may have on the Property at any one time is two cats and two dogs.

10.5 Notwithstanding any of the foregoing, every dog and cat must be kept on a leash no more than two meters long, and the Property Owner must be holding onto the leash when off his own property.

11.1 Property Owners do not own any land outside the boundaries of their respective properties and have no proprietary rights with respect to the same. The Property Owner specifically acknowledges and agrees as follows:

(a) Under The Planning and Development Act 1983, Environmental Reserves must be left in their natural state in accordance with the directives of the Department of Community Planning.

(b) Property Owners do not own the land between the edge of their respective lots and the lake shore. Any development of the foreshore is the responsibility of Water Security Agency, The Director of land management , Saskatchewan agriculture. Location of boatlift’s on Lakeshore properties is at the discretion of the developer.

11.2 Property Owners must be aware of, and comply with all applicable statutes, rules, and regulations in regard to the Environmental Reserve areas, and shall at all times maintain such areas free and clear of any debris or other garbage arising from their use thereof.

11.3 Without limiting any of the foregoing, and except as provided and allowed in paragraph 7.13b hereof, the Property Owner agrees that he will not place docks in the Environmental Reserve or in areas adjacent to the development. The Property Owner shall not use any of the Environmental Reserve or such areas for mooring of or temporary placement or storage of boats, kayaks or any other watercraft. The Property Owner further acknowledges and agrees that none of its guests or other invitees will use the Environmental Reserve or such areas in any such manner. The Property Owner further acknowledges and agrees that any breach of this provision of the agreement may result in the developer and/or the local conservation officer removing any docs, moorings, or other apparatus for the temporary placement or storage of boats, kayaks, and other watercraft, from the environmental reserve, or areas adjacent to the development and that the costs of such removal will be assessed and payable by the property owner.

12.1 Unless the Property is in the Lakefront Zone, the Property Owner acknowledges and agrees that his access to the lake for the purposes of boating, or introducing any type of motorized water craft into the lake shall be through a boat launch area, which would include the proposed marina if and when constructed, provided that in this latter regard the Property Owner acknowledges and agrees that he must apply to the Developer to be approved for such marina use, and the granting of such use is in the Developer’s sole discretion and on such terms and conditions as the Developer may in its sole discretion impose.

12.2 The Property Owner agrees not to encroach on the properties in the Lakefront Zone, and agrees that his use of the lakefront area shall be limited to the dedicated Municipal Reserve areas, and in accordance with Section 11.

13.1 The Developer intends to develop a number of walking paths that allow the Property Owners to use the paths for pedestrian or bicycle traffic only. Driving any type of vehicle, recreational vehicle, all-terrain vehicle, or other motorized vehicle on the walking paths is expressly prohibited. However, the Developer maintains the right to use motorized vehicles for the construction and/or maintenance of the recreational pathways. The Developer may pursue any damages and losses that the Property Owner may cause, as a result of such misuse of recreational vehicles by the Property Owner, their guests, and invitees.

13.2 Pleasure riding of golf carts,snowmobiles, motorcycles, and all-terrain vehicles of any type must be done in accordance with applicable federal, provincial, municipal legislation, and Rural Municpality of Loreburn #254 by-laws, and having at all times regard to the rights of fellow property owners to have quiet use and enjoyment of their property.

13.3 Except to the extent prohibited by provincial vehicle legislation or regulations use of “golf carts” on the roadways within the Bays of Diefenbaker sub-division development is allowed for the personal transportation of owners and their invited guest only.