Restrictive Covenants

Restrictive covenants Z123808 and Z123809, both run with the land and are registered in the Land Title Office against the title of each unit. Extracts are posted below.

The first Agreement with the District of Coquitlam was made on June 25, 1986. In this covenant (Z123808), the district:

• was forever discharged from all claims in respect to loss or damage to any structure built, except where damage is caused by the negligence of the District;


• agreed that the covenants run with the Lands.

The second Agreement with the District of Coquitlam was made on July 2, 1986 (Z123809).

It makes the following provisions:

1. The district requested that all future owners of the lands be made aware of the design control requirements of the district in connection with construction.


2. The grantor agreed to enter into a Restrictive Covenant, which runs with the lands and includes the following covenants:
   
1. No structure shall be constructed except upon plans approved by the District.


2. Prior to the commencement of construction, application shall be made to the District for approval of preliminary plans, which shall include:


1. an accurate site plan showing the contours of the site and the proposed siting of all structures;


2. elevation drawings of all structures proposed to be constructed;


3. a preliminary landscaping plan;


4. a perspective drawing showing all buildings or structures proposed to be constructed.
   
3. Upon any application being approved and prior to commencement of construction the application for the necessary permits shall be made to the District, and shall include:


1. a detailed and fully dimensioned site plan showing existing contours and/or spot elevations;


2. detailed landscaping plans, including specifications of all plant materials, surface treatments and screening, and including an itemized written statement signed and sealed by a registered Landscape Architect as to the estimated true costs of the proposed landscaping works;


3. working drawings and specifications of all structures to be constructed, including elevation drawings.
   
4. The District may reject any application that does not contain all required information.


5. Securities in an amount equal to the estimate of the total cost of landscaping works were to be held by the District to guarantee performance of such landscaping works.


6. The covenants run with the Lands under Section 215 of the Land Title Act, RSBC, 1979, Chapter 219.


7. If any provision is unenforceable, that provision is severable from the Agreement, and the remaining provisions continue in full force and effect.


8. The Agreement extends to the benefit of and is binding upon the District and the owners of Sunridge Estates.