Attachment “A” - Land Title Act Covenant EK061366 Documents

Attachment "A"

LAND TITLE ACT FORM 11(a)

Section 99 (1) (c), (j) and (k)

APPLICATION FOR DEPOSIT OF REFERENCE OR EXPLANATORY PLAN (Charge)

I, David Adams of Patterson Adams, Barristers and Solicitors (No. 10270), 402-707 Fort St., P.O. Box 1231, Victoria, B.C., V8W 2T6, apply on behalf of 509885 B.C. Ltd. (Inc. No. #509885), c/o 3471 Short Street, Victoria, B.C., V8X 4C9, the registered owner/owner of a registered interest, apply to deposit Explanatory Plan of Covenant.

"In Part of Lot 8, Section 1, Range 0 West, Highland District & Section 117, Esquimalt District, & Parts of Lots 11, 12, 13, 114, 15, 16, 17, 18 & 19, Section 117, Esquimalt District, All of Plan VIP 63453".

We enclose:

1. The reference/explanatory plan
2. The reproductions of the plan required by Section 67(u)
3. Fees of $50.00.

Dated at the City of Victoria, in the Province of British Columbia, this 4th day of June, 1996.

---

June 11, 1996

Deputy Registrar Victoria Land Titles Office Law Courts Victoria, B.C.

Dear Mark,

RE: Explanatory Plan of Covenant Lots 8 and 11 to 19, Plan VIP 63453 Section 117, Esquimalt District.

I have prepared an Explanatory Plan of Covenant over the above noted properties. The covenant is for a "no build" area. My Plan has been rejected and a Reference Plan requested in its place. A lot of the documents refer to this Explanatory Plan and so changing this to a Reference Plan would also mean changing these as well. I would like you to reconsider your rejection of this plan, considering the following reasons:

• area in question is a parallel strip of land, 7.5 metres wide and adjacent to the rear property line.
• an Explanatory Plan is superior to a written description.
• my Explanatory Plan is based on a modern era Subdivision Plan.
• any pins set in this area would be removed by construction.
• I have prepared Plans like this before which have been accepted.

I hope that you will accept my Explanatory Plan for registration based on the above listed rationale.

Yours truly,

Richard J. Wey B.C.L.S.

---

LAND TITLE ACT FORM C

(Section 219 81) Province of British Columbia GENERAL INSTRUMENT - PART 1

1. APPLICATION No. 10270, PATTERSON ADAMS, 360-2991, 402-707 Fort St., P.O. Box 1231, Victoria, B.C., V8W 2T6, File 10910.001 (509885 BC Ltd - River Valley - Creek Preservation), DBA/clh

2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND: (PID) (LEGAL DESCRIPTION) Lot 8, Section 1, Range 0 West, Highland District, & Section 117, Esquimalt District, and Lots 11-19, inclusive, of Section 117, Esquimalt District, all of Plan VIP 63453.

3. NATURE OF INTEREST:

4. TERMS: Part 2 of this instrument consists of (select one only) (a) Filed Standard Charge Terms [ ] D.F. No (b) Express Charge Terms [X] Annexed as Part 2 (c) Release [ ] There is no Part 2 of this instrument

5. TRANSFEROR(S): 509885 B.C. LTD. and Canadian Imperial Bank of Commerce

6. TRANSFEREE(S): TOWN OF VIEW ROYAL, of 45 View Royal Avenue, Victoria, British Columbia, V9B 1A6

7. ADDITIONAL OR MODIFIED TERMS: n/a

8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any.

Execution Date: 96 5 29 Party: 509885 B.C. LTD. by its authorized signatory Terry Goodman.

---

LAND TITLE ACT FORM D

EXECUTIONS CONTINUED

Execution Date: 96 05 30 Party(ies) Signature(s): TOWN OF VIEW ROYAL by its authorized signatories: W.E. CAMDEN and H. BURKI.

Execution Date: 96 06 03 Party(ies) Signature(s): CANADIAN IMPERIAL BANK OF COMMERCE by its authorized signatories: ANTONIO G. LIANG and DOUGLAS H. ELLIS.

---

TERMS OF INSTRUMENT - PART 2

COVENANT

BETWEEN: 509885 B.C. LTD., c/o 3471 Short Street, Victoria, British Columbia, V8X 4C9 (the "Covenantor") OF THE FIRST PART

AND: THE TOWN OF VIEW ROYAL, 45 View Royal Avenue, Victoria, British Columbia, V9B 1A6 (the "Covenantee") OF THE SECOND PART

WHEREAS Section 215 of the Land Title Act provides that:

A. A covenant in respect of the use of land or of a building or that land is or is not to be built on or that land or a specified amenity in relation to it be protected, preserved, conserved or kept in its natural state in favour of a municipality may be registered as a charge against the title to that land

NOW THEREFORE in consideration of the sum of ONE DOLLAR the receipt and sufficiency of which is hereby acknowledged, the Covenantors COVENANT AND AGREE as follows:

1. In this Agreement: (a) "development permit" shall mean a development permit issued pursuant to the provisions of section 976 of the Municipal Act, RSBC, 1979, ch 290 (c) "lands" shall mean Lot 8, and Lots 11 through 19, inclusive, shown on Explanatory Plan of Covenant in part of Lot 8, Section 1, Range 0 West, Highland District, and Section 117, Esquimalt District, and parts of Lots 11, 12, 13, 14, 15, 16, 17, 18 and 19, Section 117, Esquimalt District, All of Plan VIP 63453 (d) "covenant area" shall mean that part of the lands as shown outlined in heavy dark line on "Explanatory Plan of Covenant in part of Lot 8, Section 1, Range 0 West, Highland District, and Section 117, Esquimalt District, and parts of Lots 11, 12, 13, 14, 15, 16, 17, 18 & 19, Section 117, Esquimalt District, all of Plan VIP 63453, as completed and certified correct by Richard J. Wey, B.C.L.S., on the 24th day of May, 1996, a copy of which is attached hereto as Schedule "A"

2. The owner covenants and agrees with the Municipality that other than a fence structure, no building or structure or any part of a building or structure including any fixed equipment, mobile home or modular home, shall be constructed, re-constructed, moved, extended or located, and no vehicles shall be stored, within the covenant area.

3. The owner further covenants and agrees with the Municipality that the owner shall not, without the prior written consent of the Municipality, cut down or remove any trees, shrubs, ground cover, or any other form of plant life, within the covenant area having a stem or trunk greater than six (6) centimetres in diameter above one metre from the ground.

4. In the event the Covenantor breaches any provision of this covenant, the Covenantee may at its option, in addition to any other remedies it may have, do one or more of the following: (a) give notice in writing to the Covenantor to: i) cease and desist breaching the covenant, or ii) perform any positive obligations of the covenant either immediately or within a time period specified in the notice. (b) give notice in writing directing the Covenantor to restore or remedy the breach in accordance with the terms and directions set out in the notice and to carry out any restoration measures specified in the notice immediately or within a time specified in the notice. (c) if the Covenantors fails to comply with the direction contained in the notice under subparagraph (a) or (b) of this paragraph, the Covenantee may without further notice enter upon the lands and carry out the required work at the expense of the Covenantor. The Covenantor shall pay on demand all costs incurred by the Covenantee for labour, materials, administration and overhead in carrying out work under this provision.