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CANYON BEACH PROPERTIES LTD.
ARCHITECTURAL CONTROL AND BUILDING AND DEVELOPMENT
AGREEMENT
(the “Agreement”)
This Agreement is dated the ______ day of ________________, 201___.
BETWEEN: Canyon Beach Properties Ltd.
(the “Developer”)
AND: __________________________________
of
__________________________________
__________________________________
(the “Owner”)
This document serves as the standard Architectural Controls, Building Specifications and Development
Agreement between the property Owner and the Developer.
The property Owner understands and acknowledges that this Agreement runs with the land identified
on Title and constitutes a restrictive covenant which is binding on their heirs, executors and assigns, and
that the Agreement shall bind all subsequent purchasers/owners.
WHEREAS;
The Developer owns land within the RM of Last Mountain Valley #250 (the “RM”) being; NE ¼, Section
26, Township 25, Range 24 (“Canyon Beach Resort”) on the east shore of Last Mountain (Long) Lake,
Saskatchewan known as Canyon Beach Resort; and
WHEREAS;
The property Owner has entered into an agreement to purchase Lot # ______, Block/Parcel A, Plan
#102007257 (The “Lot”) at Canyon Beach Resort from the Developer; and.
WHEREAS;
Both the Developer and the property Owner desire that the development retains a quality and
environmentally controlled building and natural environment; and
WHEREAS;
The Developer requires all property Owners to comply with the building and property development
specifications contained herein;
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NOW THEREFORE;
This Agreement witnesses that in consideration of the Developer selling a lot at Canyon Beach Resort to
them, the Owner agrees that their ownership of the property shall be subject to the following terms and
conditions and agrees to be bound by said terms and conditions set out herein.
A. Purpose of the Architectural Control and Building and Development Agreement
1. The Owner agrees that the purposes underlying this agreement include, but are not limited to:
i) preserving the integrity of the natural environment and greenspace areas as much as possible;
ii) protection and maintenance of their property ensuring the market value of the property and the
Resort as a whole is maintained; and
iii) respect for the rights of all Owners within the Canyon Beach Resort development.
2. These guidelines are effective for all cottages, summer homes, year round homes, inhabitable buildings and out-
buildings constructed within the community of Canyon Beach Resort.
3. These controls are intended to ensure all development meets or exceeds the guidelines established in Section 9
of Bylaw 219/2001 (or any subsequent Bylaw that updates or replaces Bylaw 219/2001) by the RM.
4. The guidelines are intended to control lot use and ensure development proceeds in a consistent manner that
creates an aesthetically pleasing community. The development controls described herein are intended to be in
addition to the minimum requirements of the applicable zoning Bylaw(s) and development standards of the RM.
B. Easements and Services
1. Some properties within the development are subject to servicing easements and location of above ground
transformers in favour of Saskatchewan Power, and/or Saskatchewan Energy and/or Saskatchewan
Telecommunications.
2. The location of these transformers and which lots are affected by easements, are identified in the design plan
prepared and approved by Sask. Power, Sask. Energy and Sask. Tel. This plan is identified on the lot Title and is
available from the Land Titles Office.
3. The Owner acknowledges and agrees that the lot may be subject to such an easement.
4. The Owner further acknowledges and agrees that they will abide by the restrictions to the property as specified
in the Servicing Agreement (attached hereto as Schedule 1).
5. The Developer acknowledges that, Sask. Power, Sask. Energy and Sask. Tel have committed to install and
maintain their service to the development. The Developer makes no representations or warranties that said
services will be available from the utility providers indefinitely.
6. The Developer, through a Servicing Agreement with the RM, is responsible for the construction and
maintenance of gravel access and interior roads until such time as the roads are turned over to the RM. From that
date forward, the RM shall be responsible for the maintenance of said roads. The Developer makes no
representations or warranties on behalf of the RM as to the level of maintenance.
7. The Developer, through a Servicing Agreement with the RM, shall prepay certain costs to ensure Owners within
the Canyon Beach Resort have access and the right to the regional Land Fill, Fire protection and maintenance of
area green spaces provided by the RM.
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8. The Owner is prohibited from clearing any vegetation outside the boundaries of their lot anywhere on the
Canyon Beach Resort development.
C. Site Development
1. All lots designated for residential use shall be limited to residential use only. No commercial use(s) is allowed
except where permitted by appropriate zoning.
2. The Owner is expressly prohibited from undertaking any further subdivision of their lot.
3. The Developer maintains the right to develop additional lots for the expansion of Canyon Beach Resort.
4. No more than one single family residence is permitted on each surveyed lot intended for residential use. All
buildings must be of new construction whether moved to, or built on, the site.
5. Over and above that which is provided by the Developer, the Owner bears responsibility for all costs associated
with the maintenance of an approach to their lot, and the maintenance of any culvert that may be required in such
approach to meet municipal standards. Once the Agreement to Purchase is complete and the purchase funds have
been transferred to the developer, or are held in trust for the benefit of the developer, full responsibility and
liability for maintenance and/or repair of the lot approach lies with the Owner.
6. Ready to Move buildings of new construction moved to, or erected on site shall be acceptable provided the
buildings meets the Building Design Controls as set out in this document and those set out by government or other
approving authorities. These structures must also meet or exceed any requirements set out in Section 9.3 of Bylaw
219/2001 of the RM.
7. Mobile homes, Park homes, trailers, recreation vehicles or temporary accommodation of any kind are not
permitted as permanent residences. This type of shelter is only permitted for habitat purposes for a maximum two
year period without approval of a time extension. Extension of such use must be by application to the developer,
approval of which will not unreasonably be withheld. Use of such a residence shall not extend past the expiration
of the three year building requirement as noted in Clause C(13). This type of primary accommodation is permitted
on site as temporary shelter or storage during the construction of the permanent resort home.
8. The Developer has graded the building platform area to the required elevations of Provincial Authorities. All
permanent dwellings must be contained within the designated building lot platform in order to maintain proper
building elevations as required by the approving authority. On transfer of ownership of the lot, the Owner is fully
responsible and liable for maintaining the required grade elevations and ensuring any final grading or grade
changes meet or exceed said requirements of the approving authority.
9. Construction and/or placement of any outbuilding on a lot must meet the requirements of the RM and the
appropriate Bylaw in place at the time.
10. The Owner is responsible for acquiring any and all permits and/or approvals for the construction of any type of
structure that extends into the lake. Any said structure must meet or exceed all requirements of the appropriate
approving authorities.
11. In any instance no permanent building structures are permitted within 60 feet of the waterline or such
minimum distance as defined by the Environmental Reserve area set by provincial guidelines.
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12. Notwithstanding any regulatory requirements of the RM, there is a three (3) year time limit for the Owner to
commence building a principal residence on the lot. Once an Owner applies for and receives approval for a
development and/or building permit, commencement of construction must proceed within 6 months of the issue
date of the permit and be completed within 24 months of the issue date of the permit. Commencement of
construction means excavation of the land and installation of the building foundation.
13. The Owner shall be responsible for the installation and maintenance of a septic tank system that meets or
exceeds all government specifications and standards for quality and durability. The Owner is required to ensure
proper disposal of waste according to Municipal requirements and guidelines published by the Saskatchewan
Department of Health and Environment.
14. Any landscaping issues must not affect lot grade, water diversion or government regulated lot and building
elevations. In addition, The Owner is subject to any restrictions regarding tree planting and other landscaping on
designated utility easements.
15. The Owner is responsible for all individual costs pertaining to disposal of waste materials and garbage. Burning
of garbage or waste materials anywhere within or around the community of Canyon Beach Resort is strictly
prohibited. Proof of a contract for garbage removal may be a requirement of the Municipality for approval of a
building permit.
16. The Owner is responsible for acquiring the proper government approvals and permits for the extraction of
water from the lake to be used for any purpose. Similarly, The Owner is responsible for acquiring the proper
government approvals and permits for the drilling and use of an onsite well.
17. Outdoor yard storage is discouraged. No outdoor storage of non-operational and/or unsightly vehicles,
machinery or equipment is permitted at any time. Outside storage of recreational vehicles such as boats, ATVs,
snowmobiles or motor homes is limited to a maximum total of three at any given time. In no case are they
permitted for use as permanent occupancy accommodations. At any time, the Developer assumes no liability for
the security of vehicles or items of any kind stored on any lot by any Owner.
18. No waste, garbage or refuse of any kind shall be dumped, placed or stored on any lot except in appropriate
containers which meet applicable Bylaw requirements of the RM.
19. No yard signage is permitted excepting signs indicating a property address, a property for lease or sale and all
signs must meet any approval process of the Municipality. An appropriate sized sign or ornament indicating the
property address is required.
20. The Owner is not permitted to operate any business from the premise requiring outdoor storage, yard
cultivation, animal husbandry, heavy vehicle traffic or outdoor display of any kind. Any proposed home business
must meet the approval of the RM and must be in accordance with the Bylaw requirements in place at the date of
application.
21. No hunting, trapping or gaming activity of any kind is permitted within the community of Canyon Beach Resort
or the surrounding area.
D. Building Design Standards
1. For all residential lots not located directly on the lake front, the minimum building size for a single story
residential dwelling whether cottage, summer home or permanent home shall be 850 square feet not including
decks, patios, balconies and attached garages.
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2. For all residential lots not located directly on the lake front, the minimum building size for a two story residential
dwelling whether cottage, summer home or permanent home shall be 1,100 square feet. The minimum ground
floor area shall be no less than 800 square feet not including decks, patios, balconies and attached garages.
3. For all residential lots located directly on the lake front, the minimum building size for a single story residential
dwelling whether cottage, summer home or permanent home shall be 950 square feet not including decks, patios,
balconies and attached garages.
4. For all residential lots located directly on the lake front, the minimum building size for a two story residential
dwelling whether cottage, summer home or permanent home shall be 1,200 square feet. The minimum ground
floor area shall be no less than 800 square feet not including decks, patios, balconies and attached garages.
5. Maximum site coverage including any and all out buildings shall be no more than 50% of the site area as
identified on the Plan of Registration and Survey subject to any site coverage guidelines provided by the
Municipality.
6. No out building shall exceed 1,075 square feet. In any instance the size of an out building shall not exceed the
main floor area of the residence on the same lot.
7. Any out building used as a boat house shall not be more than one story (13 feet) in height measured from the
top of any foundation to the peak of the roof line. In addition, said structure shall adhere to all lake and yard set
back requirements as described herein. The height measurement is to be taken from the top of the foundation or
grade beam which in no instance shall be more than 2.0 ft above the required lot grade.
8. The minimum front yard set back requirement for any lot size is 20 feet from the surveyed lot line or any greater
distance identified in the Bylaw of the RM. The front yard is defined as that portion of the lot that abuts the access
road. Setback shall be measured to the nearest portion of the main structure to the property line.
9. The minimum rear yard set back requirement for any lot size is no less than the distance identified in the
applicable Bylaw. Setback shall be measured to the nearest portion of the main structure to the property line.
10. For lake front properties the minimum rear yard set back requirement is 60 feet from the water; or the high
water line as determined by the subdivision survey plan; or that distance defined by the provincial approving
authority, whichever is greater.
11. For any property, all side yard set back requirements shall be a minimum of 7 feet per side, or no less than the
minimum distance as identified in the Bylaw for the RM, whichever is greater. Setback shall be measured to the
nearest portion of the main structure to the property line.
12. Roof over-hang (soffit) area may encroach into the setback area by no more than 2 feet.
13. In any instance, all permanent habitable buildings shall be located within the building site platform provided by
the developer for each surveyed lot.
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14. All habitable buildings must meet or exceed the minimum finished main floor elevation requirements as noted
and approved by the regulating authorities or as identified on the subdivision survey plan. The minimum main floor
elevation established by provincial designation is 493.5 metres above sea level.
15. No residential building shall exceed a total height of 32 feet or 9.144 metres measured vertically from the top
of the foundation to the highest point on the roof. Any request for deviation from this limit must be approved by
the developer.
16. The top of the building foundation for the house shall not exceed 3 feet or 0.914 metres above the surveyed
grade of the building site footprint.
17. All supporting foundations must meet or exceed the suggested designs identified in the project Geotechnical
Assessment dated June 11, 2008, (attached hereto as Schedule 2) or any subsequent Report that updates the
Geotechnical requirements. The requirements of these reports must be made available to The Owners contractor
when site development is proposed and as part of the architectural review.
18. The Owner is encouraged to arrange doors, windows and rooflines in an aesthetically pleasing manner with
minimum intrusion on neighbouring properties.
19. The Owner shall utilize exterior earth tone colours and building materials that blend into the natural
surroundings. Use of wood or similar sidings, stucco, stone and brick are all acceptable. Use of vinyl and/or asphalt
siding is not permitted due to fire regulations. All exterior finishes must be properly maintained on an ongoing
basis.
20. All roofing material must be typical to the housing industry such as, wood shake, asphalt shingle, clay tile or
metal roofing or similar materials.
21. All homes, garages and outbuildings exceeding 200 square feet must have proper eavestroughing and
downspouts.
22. The Owner is encouraged to construct buildings using energy efficient and environmentally “green” concepts.
23. Any fence erected on privately owned property must have a maximum height not to exceed 4 feet. Alternate
fencing options may be trimmed hedging, shrubs or trees. The Owner is responsible for the regular maintenance of
any fencing or natural barrier planted by the owner and separating an Owner’s lot from any neighbouring
property.
24. All plumbing and drainage installations shall meet the requirements of the regulating authorities including the
local Health District. No plumbing and/or drainage pipes are to be visible outside of the dwelling or out buildings
except for regular eave downspouts and extensions.
25. The Owner is responsible to ensure the installation and maintenance of the septic/sewage holding tank meets
all requirements of the Saskatchewan Departments of Public Health and Environment.
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26. The shoreline protection regulations established under the Public Health Act and the Department of
Environment must be met. With the exception of rain water, snow melt or normal water run off, all water
discharge from any drain or building must be contained within the approved septic/sewer system and meet the
requirements of the regulatory bodies. Systems which collect run off water for the purpose of irrigation are
permitted.
27. All electrical wiring and equipment shall be installed in conformity with the appropriate Government Act(s) and
Building Code in force at the time of building.
28. The Owner shall provide clear address signage with adequate, non invasive, indirect night time lighting. It is
recommended such signage blends well into the general development theme of the property.
29. All building designs and placements may be subject to approval by the Developer and/or its agent. The Owner
may be responsible to pay a fee for the review and approval of proposed building plans. For the purpose of
controlling the application of this AGREEMENT, The Owner shall submit an application to the Developer and obtain
approval of same prior to application to the RM for any building or development permit. The Developer shall
undertake to review and return the plans with comments to the Owner within ten days of receipt by the
Developer.
30. Any relaxation request regarding these Standards is at the discretion of the Developer subject to the
controlling guidelines of the applicable Bylaw in force at the time.
E. Compliance
1. The Owner understands that the terms and conditions set out herein are a minimum and the Owner must
comply with all applicable Federal, Provincial, and Municipal building codes, zoning regulations, health regulations,
environmental laws, and all applicable regulations from any other governing body or authority.
2. The Developer shall not be held liable and is absolved from any responsibility for the breach of any Federal,
Provincial, or Municipal statute, regulation, bylaws, policies, or building requirements by any Owner.
3. This agreement shall be governed by the laws of the Province of Saskatchewan and the parties hereto agree to
execute all further documents necessary to give effect to this agreement.
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F. Miscellaneous
1.1 This agreement will be registered against Title to the Lot. The Developer shall bear all Land Title and Legal
fees associated with registration of said Agreement.
1.2 Any notice of application to the Developer shall be sent via personal delivery, telephone facsimile transmission
306-586-2860 or by registered mail to:
Jonathon and Lana Marceca and Christina Roulston-Marceca
PO Box 539, Station Main PO Box 46
White City, Saskatchewan White City, Saskatchewan
S4L 5B1 S4L 5B1
2. The parties acknowledge that the offers to purchase the following lots were made and accepted prior to the
final drafting of this Agreement:
Lot 17, Block A Plan 102007257;
Lot 18, Block A Plan 102007257;
Lot 19, Block A Plan 102007257;
Lot 20, Block A Plan 102007257; and
Lot 21, Block A Plan 102007257 (the "Initial Lots")
As such, the Architectural Guidelines and Restrictions provided to the purchasers of the Initial Lots (attached
hereto as "Schedule 3") were different in some respects from those contained herein. Those differences include,
but are not limited to, the following:
a. The purchasers of the Initial Lots shall be permitted to maintain a recreational vehicle on their property during
construction for five (5) years as opposed to three (3) years;
b. The purchasers of the Initial Lots shall have a five (5) year time period to commence building a permanent
residence on the Property as opposed to a two (2) year time period; and
c. The Developer shall pay for the installation of the septic tank as opposed to the purchasers of the Initial Lots
making payment for the same.
The parties acknowledge that the purchasers of the Initial Lots are entitled to the rights and privileges resulting
from the differences specifically set out above and generally contained within this Agreement; however, those
rights and privileges are for the benefit of said purchasers only and are not binding on and cannot be relied upon
by the said purchasers' hiers, executors, personal representatives, successors or assigns.
The parties agree to refrain from bringing any action, suit, or proceeding against the Developer or the purchasers
of the Initial Lots to enforce any one or more of the provisions contained herein that differ from those contained in
Schedule 3.
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3. Each of the covenants, stipulations, and restrictions contained herein are severable from every other
covenant, stipulation, and restriction and should any one or more covenant, stipulation, or restriction
under this Agreement be found invalid or unenforceable, the same shall not affect the validity or
enforceability of the remaining covenants, stipulations, and restrictions.
IN WITNESS WHEREOF;
The Developer, Canyon Beach Properties Ltd. has signed this document in that regard,
This the ________________ day of _________________________, 201___.
Canyon Beach Properties Ltd.
Per: ____________________________ Per:_____________________________
IN WITNESS WHEREOF the Purchaser, ____________________________, signs and agrees to the
conditions herein,
This the ________________ day of __________________________, 201___.
SIGNED, SEALED AND DELIVERED in the presence of;
) )
) _______________________________ )________________________________
) )
) _______________________________ ) _______________________________
Witness Witness
