Declaration

MADE PURSUANT TO THE CONDOMINIUM ACT, 1998

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DECLARATION

MADE PURSUANT TO THE CONDOMINIUM ACT, 1998

THIS DECLARATION (hereinafter called the "Declaration") is made and executed pursuant to the provisions of the Condominium Act .1998, as amended, and the regulations made thereunder (all of which are hereinafter referred to as the "Act") by:

MINTO COMMUNITIES INC.

a company incorporated under the laws of the Province of Ontario (hereinafter referred to as the "Declarant").

WHEREAS the Declarant is the owner in fee simple of lands and premises situate in the City of Ottawa and being more particularly described in Schedule "A" and in the description submitted herewith by the Declarant for registration in accordance with section 7 of the Act (the "Property");

AND WHEREAS the Declarant has constructed on the Property a condominium development containing twenty-eight (28) dwelling units and thirteen (13) parking units which the Declarant intends to be governed by the Act.

NOW THEREFORE THE DECLARANT HEREBY DECLARES AS FOLLOWS:

INTRODUCTORY
1. Interpretation . Unless the context otherwise requires the terms used herein shall have ascribed to them the meaning contained in the Act. The following terms shall have the following meanings:
  1. "Board" shall mean the board of directors of the condominium corporation;
  2. "Corporation" shall mean the condominium corporation created upon the registration of the Declaration and of the description under the Act;
  3. "Unit" means a part or parts of the land included in the description and designated as a unit by the description, and comprises the space enclosed by its boundaries and all the material parts of the land within this space in accordance with this Declaration and the description.
2. Statement of Intention. The Declarant intends that the land and interest appurtenant to the land described in the description and Schedule "A" of the Declaration be governed by the Act. The registration of this Declaration and the description will create a freehold standard condominium corporation as defined in the Act which will be a phased condominium corporation.
3. Consent of Enc um brancers. The consent of all persons having registered encumbrances against the Property or interest appurtenant to the Property in Schedule A is contained in Schedule B attached hereto.
4. Bo undaries of Unl t5 and Monument s. The monuments controlling the extent of the units are the physical surfaces mentioned in the boundaries of the units in Schedule C attached hereto. Notwithstanding anything contained herein to the contrary, the units do not include any pipes, wires, ducts or equipment relating to the provision of services to more than one unit.
5. Common lnlereSts and Comm on Expenses. Each owner shall have an undivided interest in the common elements as a tenant in common with all other owners and shall contribute to the common expenses in the proportions set forth opposite each unit number in Schedule "D" attached hereto.
6. Address for Service. The Corporation's address for service and mailing address shall be c/o Minto Management, 90 Sheppard Avenue, Toronto, Ontario, M2N 3A1 or such other address as the Corporation may determine in accordance with the provisions of the Act.
COMMON EXPENSES
1. Payment of Common Expenses. Each owner, including the Declarant, shall pay to the Corporation a proportionate share of the common expenses, as may be provided for by the By-laws of the Corporation, and the assessment and collection of contributions toward the common expenses may be regulated by the Board pursuant to the By-laws of the Corporation. Common expenses shall include, but shall not be limited to, the expenses listed in Schedule E attached hereto.

3.1

COMMON ELEMENTS

Use of Common Elements. Subject to the provisions of the Act, this Declaration and the By-laws, and any rules passed pursuant thereto, each owner has the full use, occupancy and enjoyment of the whole or any part of the common elements, except as herein otherwise provided. The common elements may be used for ancillary purposes for any of the following uses as defined under the City of Ottawa zoning by-law; residential, business office, medical/ dental office, retail store and/or service establishment.

1. Exclusive Use Are ,is and Parking .Spaces
  1. Those areas of the common elements over which certain owners have exclusive use are set out in Schedule "F" attached hereto, and as shown on Part 2, Sheet 1 of 1 of the description.
  2. One parking space on the common elements of the Corporation shall be allocated by the Board to each dwelling unit. The Board may reallocate the said parking spaces from time to time provided that in each instance the written consent is obtained from the owners of the units whose parking spaces are to be reallocated, and further, provided that notwithstanding such reallocation, each unit shall at all times have one parking space on the common elements allocated to it.
2. Restrictive Access. Without the consent in writing of the Board, no owner shall have any right of access to those parts of the common elements used from time to time as utility areas or for operating machinery, including but not limited to, the water rooms which are accessed from certain lower level units, or any other parts of the common elements used for the care, maintenance or operation of the Property.
3. common Water Expenses. Costs associated with water from the common element exterior hose bibs will be chargeable to Dwelling Units lA, SA, 13A, lSA, 19A, 21A, 23A, 25A and 29A. The condominium corporation will be responsible for reimbursing the owners of said Dwelling Units for such costs.

Substantial Change to Property.

- 1. The Corparation may, by vote of owners who own sixty-six and two thirds percent (66 2/3%) of the units, make any substantial addition, alteration or improvement to or renovation of the common elements or make any substantial change in the assets of the Corporation in accordance with the applicable provincial and municipal legislation and other governing By laws and rules.
  2. The provisions of the Act govern all other alterations, additions and improvements to or renovation of the common elements or change in the assets of the Corporation.
  3. The provisions of the Act govern the determination as to whether any addition, alteration or improverment to, or renovation of the common elements, or any change in the assets of the Corporation is substantial.

4 , UNITS

1. Occupant ion and Use. The occupation and use of the units shall be in accordance with the following restrictions and sipulations:
  1. The dwelling units shall be occupied and used for residential purposes as defined in and in conformity with the zoning and property standards by-laws of the City of Ottawa;
  2. No unit shall be occupied or used by anyone in such a manner as to result in the cancellation, or threat of cancellation, of any policy of insurance referred to in this Declaration n. Should the occupation or use of a unit result in an increase of premium payable by the Corporation for any policy or policies of insurance, then the owner of such unit shall be liable to the Corporation for the increased premium payable which shall be charged ::iack to the owner as additional contributions towards common expenses and shall be recoverable as such or recoverable by any other procedure the Corporation elects;
  3. The owner of each unit shall comply and shall require all residents, occupants and visitors to his or her unit to comply with the Act, this Declaration, and the By-laws, and the rules passed pursuant thereto and shall deliver to any tenant a copy of same at the time the lease of the unit is executed and/or the terms agreed;
  4. No owner of a unit shall lease the unit unless an agreement is executed by the tenant and delivered to the Corporation to the following effect:

I, covenant and agree that I, the members of my household, my guests and my invitees from time to time, will, in using the unit rented by me and the

common elements, comply with the Condominium Act the Declaration, the

By-laws, and all rules of the condominium Corporation, during the term of my tenancy.

- 1. Any owner who enters into a lease of a unit shall deliver to the Corporation, within thirty

(30) days of entering into the lease or a renewal of lease, a copy of the lease or renewal or a summary of same on the form required by the Act, the name of the tenant and the address of the owner. Upon the lease being terminated, the owner shall inform the Corporation that the unit is no longer leased.

- 1. No tenant shall be liable for the payment of common expenses unless notified by the Corporation that the owner is in default of payment of common expenses, in which case, the tenant shall deduct from the rent payable to the owner the owner's share of the common expenses and shall pay the same to the Corporation.
  2. Any owners leasing their unit shall not be relieved from any of their obligations with respect to the unit which shall be joint and several with their tenant.
  3. Save and except for interior decorating and minor alterations of a cosmetic nature, no owner shall make any change or alteration to the unit, including any alteration of load bearing walls or walls containing service conduits which service other units, without the written consent of the Board. Notwithstanding the foregoing, no owner shall alter the interior design or colour of any part of a dwelling unit where such change, alteration or decoration is normally visible from the exterior thereof. No owner shall stain or paint the privacy fence or balcony unless such colour is consistent with the remainder of the fences/balconies in the condominium and the type of paint/stain and colour is approved by the Board of Directors.
  4. All owners may install individual air conditioning units in their units, and may install a central air conditioning apparatus at the rear of their units, provided that prior to any such installation the written consent of the Board has been obtained thereto, including as to the method of installation and additional materials used therefor, and that the requirements and regulations of all public authorities and the rules of the corporation are complied with. Notwithstanding the foregoing, water-cooled central air conditioning apparatuses are prohibited on the Property.
  5. No hard flooring, including but not limited to ceramic, marble, tile, hardwood, laminate, cork or any other hard surfaced material, are permitted on the lower level of the upper terrace home units or the stairs leading to the upper terrace home units, other than "floating floors" which have noise attenuation features and which are specifically approved by the Board of Directors. For the purposes of this paragraph, "hard flooring" shall include any floor surface except vinyl or carpet."
  6. No owner shall make any change to an installation upon the common elements, or maintain, decorate, alter, repair or landscape any part of the common elements or the owner's exclusive use common elements, without the prior written consent of the Board and the entering into of an agreement with the Corporation if required under the Act, except for

maintenance of those parts of the common elements which the owner has the duty to maintain.

- - Notwithstanding any by-law or rule of the Corporation to the contrary, the Declarant shall be entitled to erect and maintain signs, flags, displays and sales areas for marketing, rental and sales purposes, including a sales and/or rental office and models for display and sales purposes relating to proposed or existing units of the Property or other similar proposed or existing units belonging to the Declarant not located on the Property, upon the common elements and within or outside any unsold units on the Property, pursuant to the Declarant's ongoing marketing program, at such location and having such dimensions as the Declarant may determine in its sole discretion until all units of the Property are sold and conveyed by the Declarant. Other than for these purposes, no signs may be erected on the common elements nor displayed within or outside any units.

The Declarant, its sales personnel, agents, invitees and tenants are entitled to use the common elements for access to and egress from the units including model suites, rental and/or sales offices and to show the common elements to prospective purchasers and tenants of the Corporation and of any other similar projects of the Declarant and will have the use :if visitor parking spaces for the use of the Declarant's staff and visitors as the Declarant may require at a location or locations to be determined by the Declarant in its sole discretion, and may park upon any unallocated parking spaces on the Property, until such time as all of the units of the Property are sold and conveyed. The Declarant is entitled to use any unoccupied unit for purposes incidental to the sale, conveyance, rental or construction of the units of the Property or of any other similar projects of the Deelarant.
Notwithstanding anything herein or any rule or regulation of the Corporation to the contrary, the Declarant, as well as any company affiliated with the Declarant, or other person(s) approved in writing by the Declarant, shall be irrevocably empowered without any limitation, at all times, whether for permanent or temporary occupancy, to sell, lease, rent or transfer units owned by the Declarant or such person, as the case may be, for any period and under any terms to any tenants, purchasers or transferees without the consent of any person, including the Corporation being required.
1. Parking Un, its and Spa ces.
  1. Each parking unit/space shall be used only for the parking of one (1) operable passenger motor vehicle. The term "passenger motor vehicle" shall be defined from time to time in the rules of the Corporation.
  2. The Board may, from time to time, make and pass such rules regarding the use and occupation of parking units/spaces.
  3. No parking unit may be sold, leased or licensed, either in writing or otherwise, except to any owner, tenant or licensee of a dwelling unit in this condominium, the Corporation or the Declarant. No parking space may be leased or licensed, either in writing or otherwise, except to any owner, tenant or licensee of a dwelling unit in this condominium, the Corporation or the Declarant. The term of any lease or license of a parking space to a tenant or licensee of a dwelling shall not extend beyond the term of the tenancy or license of such dwelling unit.
  4. The Declarant will retain ownership of any unsold parking units and may ultimately deal with its interest in such parking units in the following manner:
    by offering to lease additional parking units, with or without an option to purchase, to owners of units and tenants in actual occupation of a unit;
    ) by offering to sell some or all of the additional parking units, following completion of all or substantially all of the unit sales, to the Corporation; or
    by transferring some or all of the additional parking units to the Corporation, without consideration, and the Corporation, under such circumstances, is obligated to accept said transfer(s).
2. Rights of Entry .
  1. The Corporation, or any insurer of the Property, their respective agents, or any other person authorized by the Board, shall be entitled to enter any unit at all reasonable times upon giving reasonable notice for the purposes of making inspections, adjusting losses, making repairs, correcting any condition which violates the provisions of any insurance policy or policies, remedying any condition which might result in damage to the Property, or carrying out any duty imposed upon the Corporation. In addition, the Corporation, anyone authorized by the Board and the City of Ottawa officials shall have the right of full passage through aII lower level units for the purpose of reading the water meters contained therein.
  2. In case of an emergency, an agent of the Corporation may enter a unit at any time and without notice, for the purpose of repairing the unit, common elements or part of the common elements or for the purpose of correcting any condition which might result in damage or loss to the Property, including without limiting the generality of the foregoing, to access, maintain, repair or replace the shut off valves and common pipes providing water service for the benefit of more than one unit and/or the common elements. The Corporation or any one authorized by it may determine whether an emergency exists.
  3. If an owner is not personally present to grant entry to the unit, the Corporation or its agents, may enter upon such unit, provided that they, firstly, take reasonable steps to obtain permission from the owner or occupant of such unit and, secondly, exercise courtesy and reasonable care in conducting the activity which requires their entry into such unit.
  4. The rights and authority hereby reserved to the Corporation, its agents, or any insurer or its agents, do not impose any responsibility or liability whatsoever for the care or supervision of any unit, except as specifically provided in this Declaration or the By-laws .

MAINTENANCE AND REPAIRS

1. 1 Repairs and Maintenance by Owner. Subject to the prov1s1ons of s. 123 of the Act, and this Declaration, Owners shall maintain their dwelling units and repair or replace all components in their dwelling units upon failure after damage, from normal wear and tear and where such components are at the end of their life cycle, all at their own expense. In addition, in accordance withs. 89(2) of the Act, all owners shall repair all improvements made to their dwelling units . Repairs and maintenance of dwelling units shall be performed by owners to a standard and using materials consistent with the quality of those used in the original construction thereof and as may be otherwise required by the Board. In addition owners shall:
  1. at all times maintain heat in their dwelling units at least S degrees Celsius above the freezing temperature of water;
  2. keep their parking space clean and free of debris;
  3. be responsible for the removal of snow from the rear steps, if any, at his or her own expense;
  4. be responsible for cleaning the balconies to which they have sole access, including the removal of snow and ice if required for safety reasons or as otherwise required under the rules;
  5. be responsible for the maintenance of the owner's portion of the privacy fence (Level 1 units), the repair of the privacy fence jointly with the adjoining owner (Level 1 units), and the repair and maintenance of the balcony (Level 2 units); and
  6. maintain the interior surface of doors which provide the means of ingress and egress from their unit and maintain the interior surface of windows, door frames and window screens whether such doors and windows are part of a unit or part of the common elements.
2. Owners who fail to remove snow as required and in a prudent manner shall be responsible for any injury or damage resulting therefrom.
3. Repairs by Corporation Where Owner Defaults. The Corporation shall make any repairs that an owner is obligated to make and that the owner does not make within a reasonable time; and in such an event, an owner shall be deemed to have consented to having repairs done by the Corporation; and an owner shall reimburse the Corporation in full for the cost of such repairs, including any legal or collection costs incurred by the Corporation in order to collect the costs of such repairs, and all such sums of money shall bear interest at the rate per annum which is the prime rate of the Bank of Canada plus five percent (5%) at the time the work is done. The Corporation may collect all such sums of money in such installments as the Board may decide upon, which installments shall be added to the monthly contributions towards the common expenses of such owner, after receipt of a notice from the Corporation thereof. All such payments are deemed to be additional contributions towards the common expenses and recoverable as such or recoverable by any other procedure the Corporation elects.
4. Repairs and Maintenance by the Corporation.
  1. The Corporation shall maintain and repair the parking spaces/units and the common elements at its own expense. In the event repairs are required to the traffic topping in the parking spaces as a result of spills or leakages the costs of such repairs shall be charged back to the owner of the parking space(s)/unit(s) and shall be deemed to be additional contributions to the common expenses and recoverable from the owner as such.
  2. The Corporation shall repair or replace the Units and any affected component after damage or failure provided that such damage or failure is as a result of an event or hazard (as such term is defined in the Corporation's insurance policy) for which the Corporation has obtained insurance against. This obligation to repair or replace a Unit or any affected components does not include the obligation to repair or replace a component in their dwelling unit after damage caused by the owner's negligence, after normal wear and tear or when a component is at the end of its expected life cycle. The Corporation is not responsible for any maintenance, repair or replacement of improvements to Units under any circumstance.
  3. The Corporation shall be responsible for lawn maintenance, including any yards at the rear of Level 1 units and for the maintenance and repair of the window wells adjacent to Level 1 units and, for such purposes, the Corporation or its agent may enter into such yards without notice; provided that if access to such yards is prohibited or obstructed for any reason whatsoever, the Corporation shall not be liable for its failure to perform same.
  4. The Corporation shall be responsible for snow removal on the common elements other than from the steps to the rear of Level 1 units and balconies.
  5. The Corporation shall be responsible for the replacement of the balconies and privacy fences at the end of their life cycle, to be determined the Corporation in its sole discretion.

INSURANCE
1. lnsurance Maintained by the Corporation. The Corporation shall obtain and maintain to the extent obtainable, at reasonable cost, the following insurance, in one or more policies:
  1. "Property and Boiler & Machinery Insurance": Insurance against damage by all risks (including fire and major perils as defined in the Act) and sudden and accidental breakdown of pressure machinery and electrical supply objects, computer, data processing and communications equipment, and insurance against such other perils or events as the Board may from time to time deem advisable, in respect of its obligation to repair, and in respect of the unit owner's interest in the units and common elements, and in respect of the unit owner's obligation to repair after damage to:

(f) the Property and Building, but excluding improvements made or acquired by an owner; and

(ii) ail assets of the Residential Corporation, but not including furnishings, furniture, or other personal property supplied or installed by the owners;

in an amount equal to the full replacement costs of such real and personal property, and of the units and common elements, without deduction or depreciation. This insurance may be subject to a loss deductible clause as determined by the board from time to time, and which deductible shall be the responsibility of the Corporation in the event of a claim with respect

to the units and/or the common elements (or any portion thereof), provided however that if an owner, tenant or other person residing in the unit with the knowledge or permission of the owner, through an act or omission causes damage to such owner's unit, or to any other unit(s), or to any portion of the common elements, in those circumstances where such damage was not caused or contributed by any act or omission of the Corporation (or any of its directors, officers, agents or employees), then the amount which is equivalent to the lesser of the cost of repairing the damage and the deductible limit of the Corporation's insurance policy shall be added to the common expenses payable in respect of such owner's unit.

- 1. Policy Provisions: The foregoing policies of insurance shall insure the interests of the Corporation and the owners from time to time, as their respective interests may appear (with all mortgagee endorsements subject to the provisions of the Act, this declaration and any insurance trust agreement) and shall contain the following provisions:
    waivers of subrogation against the Corporation, its directors, officers, manager, agents, employees and servants and against the owners, and the owners' respective residents., tenants, invitees or licensees, except for damage arising from arson, fraud, vehicle impact, vandalism or malicious mischief caused by any one of the above;
    such policy or policies of insurance shall not be terminated or substantially modified without at least sixty (60) days prior written notice to the Corporation (and to the Insurance Trustee if one is in place);
    waivers of the insurer's obligations to repair, rebuild or replace the damaged property in the event that after damage the government of the property is terminated pursuant to the Act;
    waivers of any defence based on co-insurance (other than a stated amount coinsurance clause); and
    waivers of any defence based on any invalidity arising from the conduct or act or omission of or breach of a statutory condition by any insured person.
  2. Public Liability Insurance: Public liability and property damage insurance, and insurance against the Corporation's liability resulting from breach of duty as occupier of the common elements insuring the liability of the Corporation and the owners from time to time, with limits to be determined by the board, but not less than Ten Million ($10,000,000) Dollars per occurrence and without right of subrogation as against the Corporation, its directors, officers, manager, agents, employees and servants, and as against the owners and any member of the household or guests of any owner or occupant of a unit.
  3. Crime Insurance: Employee Dishonesty Insurance (Form A) with the definition of "employee" limited to non-compensated elected directors and officers of the Corporation, having limit sufficient to cover the exposure to loss, but in no event less than $250,000 and depositor's forgery insurance with limits sufficient to cover the exposure to loss, but in no event less than $250,000.
- General Provisions.
  1. The Corporation, its board and its officers shall have the exclusive right, on behalf of itself and as agents for the owners, to adjust any loss and settle any claims with respect to all insurance placed by the Corporation, and to give such releases as are required, and any claimant, including the owner of a damaged unit, shall be bound by such adjustment. Provided, however, that the board may in writing, authorize any owner, in writing, to adjust any loss to his or her unit.
  2. Every mortgagee shall be deemed to have agreed to waive any right to have proceeds of any insurance applied on account of the mortgage where such application would prevent application of the insurance proceeds in satisfaction of an obligation to repair. This subparagraph 6.2(b)shall be read without prejudice to the right of any mortgagee to exercise the right of an owner to vote or to consent if the mortgage itself contains a provision giving the mortgagee that right.
  3. A certificate or memorandum of all insurance policies, and endorsements thereto, shall be issued as soon as possible to each owner, and a duplicate original or certified copy of the policy to each mortgagee who has notified the Corporation of its interest in any unit. Renewal certificates or certificates of new insurance policies shall be furnished to each owner and to each mortgagee noted on the register of the Corporation who have requested same. The master policy for any insurance coverage shall be kept by the Corporation in its offices, available for inspection by any owner or mortgagee on reasonable notice to the Corporation.

{d) No insured, other than the Corporation, shall be entitled to amend any policy or policies of insuran ce obtained and mai ntai ned by the Corpor ati on. No insured shall be ent itled to direct that the loss shall be payable in any manner other than as provided in the declaration under the Act .

Where insurance proceeds are received by the Corporation or any person rather than the Insurance Trustee, they shall be held in trust and applied for the same purposes as are specified otherwise in paragraph 6.5 hereof.
Prior to obtaining any new policy or policies of insurance and at such other time as they Board may deemed advisable and also upon the request of a mortgagee or mortgagees holding mortgages on fifty (50%) per cent or more of the units' and in any event, at least every two (2) years, the Board shall obtain an appraisal from an independent qualified appraiser of the full replacement costs of the assets of the Corporation for the purpose of determining the amount of insurance to be effected and the cost of such appraisal shall be a common expenses.
1. By the Owner.
  1. It is acknowledged that the foregoing insurance is the only insurance required to be obtained and maintained by the Corporation and that the following insurance must be obtained and maintained by each owner at such owner's own expense:
    Insurance on any additions, betterments or improvements to a unit to the extent same are not covered as part of the standard unit for the class of unit to which the owner 's unit belongs by the insurance obtained and maintained by the Corporation and for furnishings, fixtures, equipment , inventory, decorating and personal property and chattels of the owner contained within the unit and the personal property and chattels stored elsewhere on the property , including automobiles, and for loss or use and occupancy of the unit in the event of damage. Every such policy of insurance shall contain waiver(s) of subrogation against the Corporation, its directors, officers, mana ger, agents, employees and servants, employees and servants on site and against the other owners and any members of their household or guests except for any damage arising from arson, fraud, vehicle impact, vandalism or malicious mischief caused or contributed by any of the aforementioned parties;
    Public liability insurance covering any liability of any owner or any resident, tenant, invit ee or licensee of such owner, to the extent not covered by any public liability and property damage insurance obtained and maintained by the Corporation; and
    Insurance covering the deductible on the Corporation's master insurance policy for which an owner may be responsible.

{b) Owners are recommended to obtain, although it is not mandatory, insurance covering:

additional living expenses incurred by an owner if forced to leave his or her residential unit by one of the hazards protected against under the Corporation's policy; and
special assessments levied by the Corporation and contingent insurance coverage in the event the Corporati on's insurance is inadequate.
1. lndemnitv Insurance for Directors and Officers of the Corporation. The Corporation shall obtain and mainta in i nsuran ce for the benefit of all of the directors and officers of the Cor poratio n, if such insurance is reasonably available, in order to indemnify them against the matters descr ibed in the Act, including an y liability, costs, charge or expenses incurred by them in the execution of their

respective duties (hereinafter collectively referred to as the "Liabilities"), provided however that such insurance shall not indemnify and of the directors or officers against any of the Liabilities respectively incurred by them as a result of a breach of their duty to act honestly and in good faith, or in contravention of the provisions of the Act, and shall not have an exclusion based on or attributable to any wrongful act in procuring, effecting and maintaining insurance or with respect to amount, form, conditions or provisions of such insurance, and shall have the limits of at least

$5,000,000.

1. Insurance Trustee and Proceeds of Insurance,
  1. Upon the occurrence of damage involving an insurance claim of at least fifteen percent (15%) of the replacement cost of the Property covered by the insurance policy, or such increased amount as the board may determine, by resolution, (the "minimum limit"), the Corporation shall enter into an agreement with an insurance trustee which shall be a trust company registered under the Loan and Trust Corporations Act, or shall be a chartered bank, or a person or firm with appropriate credentials and experience in the settlement and allocation of proceeds of insurance in substantial insurance claims (the "Insurance Trustee"i, which agreement shall, without limiting its generality, provide the following:

(I) the receipt by the Insurance Trustee of any proceeds of insurance in excess of the minimum limit covered by the insurance policy;

the holding of such proceeds in trust for those entitled thereto pursuant to the provisions of the Act, this declaration, and any amendments thereto;
the disbursement of such proceeds in accordance with the provisions of the Insurance Trust Agreement;
the notification by the Insurance Trustee to the mortgagees of any insurance monies received by it; and
that if the Insurance Trustee shall resign, then the Insurance Trustee shall provide 30 days written notice of such intention to resign and the Insurance Trustee shall deliver all records, other documents and money that it holds for the Corporation to the Corporation or as it further directs.
- 1. In the event that:

(I) the Corporation is obligated to repair or replace the common elements, any unit, or any asset insured in accordance with the provisions of the Act, the Insurance Trustee shall hold all proceeds for the Corporation and shall disburse same in accordance with the provisions of the Insurance Trust Agreement in order to satisfy the obligation of the Corporation to make such repairs;

there is no obligations by the Corporation to repair or replace, and if there is termination in accordance with the provisions of the Act, or otherwise, the Insurance Trustee shall hold all proceeds for the owners in the proportion of their respective interests in the common elements and shall pay such proceeds to the owners in such proportions upon registration of a notice of termination by the Corporation.

Notwithstanding the foregoing, any proceeds payable as aforesaid shall be subject to payment in favour of any mortgagee or mortgagees to whom such loss is payable in any policy of insurance and in satisfaction or the amount due under a certificate of lien registered by the Corporation against such unit, in accordance with the priorities thereof;

the Board, in accordance with the provisions of the Act, determines that:
1. there has not been substantial damage to twenty-five (25%) percent of the Building; or
2. there has been substantial damage to twenty-five (25%) percent of the Building and within sixty (60) days thereafter the owners who own eighty (80%) percent of the units do not vote for termination,

the Insurance Trustee shall hold all proceeds for the Corporation and owners whose units have been damaged as their respective interests may appear and shall disburse same in accordance with the provisions of this declaration and the insurance trust agreement in order to satisfy their respective obligations to make repairs pursuant to the provisions of this declaration and the Act.

JOINT USE AGREEMENT
1. There is a Joint Use and Maintenance Agreement with the owners of the adjoining lands, being the Shopping Plaza Lands as defined in the Joint Use and Maintenance Agreement registered as Instrument No. OC1468299 on April 16, 2013.
2. This Agreement provides for reciprocal rights of way and easements, and defines the responsibilities for the costs associated with maintenance of the shared facilities. Upon the establishment of a condominium corporation for the Corporation, there shall be executed an Assumption Agreement whereby the owners of the Corporation assume the obligations and responsibilities of the Declarant.
INDEMNIFICATION
1. Indemnification. Each owner shall indemnify and save harmless the Corporation from and against any loss, cost, damage, injury or liability whatsoever which the Corporation may suffer or incur resulting from or caused by an act or omission of such owner, the owner's family or any member thereof, any other resident or occupant of that unit or any guests, invitees, licensees or agents of such owner or resident to or with respect to the owner's unit, the common elements and/or all other units, except for any loss, cost, damages, injury or liability caused by an insured (as defined in any policy or policies of insurance) and insured against by the Corporation but this exception shall not apply to vehicle impact, arson, fraud, vandalism and malicious mischief, nor shall the exception apply to the deductible portion of the insurance policy (it being the owner's responsibility to pay the deductible).
2. All payments pursuant to this clause are deemed to be additional contributions toward the common expenses and recoverable as such or by such other procedure the Corporation elects.
GENERAL MATTERS AND ADMINISTRATION
1. Units Subject to the Act Declaration. By-laws, Joint Use Agreement. Rul es. All present and future owners, tenants and residents of units, their families, guests, invitees, licensees or agents shall be subject to and shall comply with the provisions of the Act, this Declaration, the By-laws, the Joint Use Agreement, and any other rules of the Corporation .
2. The acceptance of a transfer/deed of land, or the entering into a lease, or the entering into occupancy of any unit, shall constitute an agreement that the provisions of this Declaration, the By laws, the Joint Use Agreement and any other rules, as they may be amended from time to time, are accepted by such owner, tenant or resident, and all of such provisions shall be deemed and taken to be covenants running with the unit and shall bind any person having, at any time, any interest or estate in such unit as though such provisions were recited and stipulated in full in each and every such transfer/deed of land or lease or occupancy agreement.
3. Invalidity . Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event all the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein.
4. Waiver. The failure to take action to enforce any provision contained in the Act, this Declaration, the By-laws, or any other rules of the Corporation, irrespective of the number of violations or breaches which may occur, shall not constitute a waiver of the right to do so thereafter, nor be deemed to abrogate or waive any such provision.
5. Notice. Except as herein before set forth, any notice, direction or other instrument required or permitted may be given if served personally by delivering same to the party to be served, or to any officer of the party to be served, or may be given by ordinary mail, postage prepaid, addressed to the Corporation at :ts address for service herein, to each owner at his or her respective unit or at such other address as is given by the owner to the Corporation for the purpose of notice, and to each mortgagee who has notified its interest to the Corporation at such address as is given by each

mortgagee to the Corporation for the purpose of notice; and if mailed as c1foresaid the sc1me shall be deemed to hc1ve been received and to be effective on the third business day following the day on which it was mailed. Any owner or mortgagee may change its address for service by notice given to the Corporation in the manner aforesaid. In the alternative, either notice may be given by an electronic communication which results in a written or printed confirmation being given to either the Purchaser or the Purchaser's solicitor and such electronic communication shall be deemed to have been given and received on the date and at the time of the transmission, or on the next business day if the electronic transmission occurs on a non-business day.

1. lnteroretation. This Declaration shall be read with all changes of numbe.r and gender required by the context. The headings in the body of this Declaration form no part of the Declaration but shall be deemed to be inserted for convenience of reference only.

DATED AT OTTAWA in the City of Ottawa and Province of Ontario, this 10 th day of June, 2013.

IN WITNESS WHEREOF the Declarant has hereunto affixed its corporate seal under the hands of its proper officers duly authorized in that behalf.

MINTO COMMUNITIES INC.

/1 I- .

Per: ( _ _ _ _ _ _ _-_f: .c.,

Name:

_ _ _ _ _

Title: Authorized Signing Officer

Per: Name:

Title: Authorized Signing Officer

We have authority to bind the Corporation

SCHEDULE "A" LEGAL DESCRIPTION

PART OF PIN 04521-0323

Part of Lot 10, Concession 3, March, being Parts 1, 2, 3 and 4 on Plan 4R-26746, City of Ottawa

TOGETHER WITH an easement over Part of Lot 10, Concession 3, being Parts 2, 3 and 4 on Plan 4R-23178 as in Instrument No. OC1308900

SUBJECT TO an easement over Parts 1, 2, 3 and 4 on Plan 4R- 26746 in favour of Part of Lot 10, Concession 3, being Parts 2, 3 and 4 on Plan 4R-23178 as in Instrument No. OC1308900

SUBJECT TO an easement in gross over Parts 2 and 3 on Plan 4R-26746 as set out in Instrument No. OC910107 in favour of Hydro Ottawa Limited

SUBJECT TO an easement in gross, as set out in Instrument No. OC1458231 in favour of Hydro Ottawa Limited SUBJECT TO an easement, as set out in Instrument No. OC1450038 in favour of Bell Canada

SUBJECT TO an easement , as set out in Instrument No. OC1450040 in favour of Rogers Communications Inc.

SUBJECT TO an easement, as set out in Instrument No. OC1468926 in favour of Part of Lot 10, Concession 3 (March), being Part 3 on Plan 4R- 1 7795 save and except Part 1 on Plan 4R-18590

SUBJECT TO an easement in gross, as set out in Instrument No. OC1470973 in favour of City of Ottawa

RESERVING an easement over Part of PIN 04521-0323, being Part Lot 10, Concession 3, March, being Parts 1, 2, 3 and 4 on Plan 4R-26746, in favour of Part of PIN 04521-0 323, being Part Lot 10, Concession 3, March, being Parts 5, 6 and 7 on Plan 4R-26746 for vehicular and pedestrian access and all other purposes required in connection with the construction of Units on Part of PIN 04521-0323 , being Part Lot 10, Concession 3, March, being Parts 5, 6 and 7 on Plan 4R-26746

TOGETHER WITH an easement over Part of PIN 04521-0323, being Part Lot 10, Concession 3, March, being Parts 5, 6 and 7 on Plan 4R-26746, in favour of Part of PIN 04521-0323, being Part Lot 10, Concession 3, March, being Parts 1, 2, 3 and 4 on Plan 4R- 26746, for vehicular and pedestrian access and all other purposes required in connection with the comple t ion of units on Part of PIN 04521-0323 , being Part Lot 10, Concession 3, March, being Parts 1, 2, 3 and 4 on Plan 4R-26746

In my opinion, based on the Parcel Register and the Plans and documents recorded in them, the legal description is correct, the described easements will exist in law upon the registration of the Declaration and Description , the Declarant is the registered owner of the land and appurtenant interests thereto and the following is the legal description of the servient lands:

Part of PIN 04521-0323

Part Lot 10, Concession 3, March, being Parts 5, 6 and 7 on Plan 4R-26746, City of Ottawa

Elizabeth A. Maiden, Solicitor

CONSENT (SCHEDULE B TO DECLARATION)

(UNDER CLAUSE 7 (2) (B) OF THE CONDOMINIUM ACT, 1998)

Condominium Act, 1998

1, We, The Toronto-Dominion Bank, have a registered mortgage within the meaning of clause 7 (2) (b) of the Condominium Act, 1998, registered as Number 0(1379208 in the Land Registry Office for the Land Titles Division of Ottawa -Car let on (No . 4).

We consent to the registration of this Declaration pursuant to the Act, against the land or the interests appurtenant to the land, as the land and the interests are described in the description.
We postpone the mortgage and the interests under it to the declaration and the easements described in Schedule A to the declaration.
We are entitled by law to grant this consent and postponement.

ft,,,

DATED at the City of Toro nt o, in the Province of Ontario, this _J_Q

day of June, 2013.

THE TO ONTO-D

I have the authority to bind the Bank

Page 14

CONSENT {SCHEDULE B TO DECLARATION)

ilI,Dl R---f l M ISE- 7-f2-H8l--9F---HJE-roNB0 M/Nlll M---Aff, - r9 9B-)-

(SERVIENT LANDS)

_ Condominium Act, 1998

We, The Toronto-Dominion Bank, have a mortgage registered against the land owned by the declarant that is included in the property but not included in the phase, including the buildings and structures on the land, registered as Number OC1379208 in the Land Registry Office for the Land ntles Division of Ottawa-Carleton (No. 4).
We consent to the registration of this Declaration pursuant to the Act, against the land or the interests appurtenant to the land, as the land and the interests are described in the description.
We are entitled by law to grant this consent.

DATED at the City of Toronto, in the Province of Ontario, this day of June, :2013.

Page 15

SCHEDULE 'C'

Each Residential Condominium Unit and Parking Unit shall comprise the area within the heavy lines shown on Part 1, Sheets 2 and 3 of the Description with respect to the unit numbers indicated thereon. The monuments controlling the extent of the units

are the physical surfaces and planes referred to below, and are illustrated on Part 1, Sheets 2 and 3 of the Description, and all dimensions shall have reference to them.

Without limiting the generality of the foregoing, the boundaries of each unit are as follows:

1. BOUNDARIES OF THE RESIDENTIAL CONDOMINIUM UNITS

(Being Units 1 to 14 Inclusive Level 1 and Units 1 to 14 Inclusive Level 2)

Each Residential Condominium Unit is bounded vertically by:
The upper unfinished surface of the concrete floor slab and its production across any openings.
The upper surface of the drywall ceiling and its production.
The upper unfinished surface of the gyp-crete floor.
The line and plane formed by the lower surface of the wood stairs in vicinity of the entry for Units 1 to 14 inclusive, Level 2.
The underside surface of the drywall
Each Residential Condominium Unit is bounded horizontally by:
The backside surface and plane of the drywall sheathing and its production.
The unfinished unit side surface and plane of the exterior doors, door and window frames and any glass panels contained therein.
The backside surface of the stairs and its production.
1. BOUNDARIES OF THE PARKING UNITS (Being Units 15 to 19, Level 1)
  1. Each Parking Unit is bounded horizontally by:
    The vertical plane established by measurements.
    The vertical plane established by survey monuments.
  2. Each Parking Unit is bounded vertically by:
    The horizontal plane 0.3 metres below the horizontal plane established by the elevations shown on Part 1 Sheet 2.

Page 16

I HEREBY CERTIFY, that the written description of the monuments and boundaries of the Units contained herein accurately corresp.onds with the diagrams of the Units shown on Part 1, Sheets 2 and 3 of the Description.

Dated at Ottawa, this _/cCµ>_·_ day of , 2013

Brian J. Webste r Ontario Land Surveyor

Reference should be made to the provisions of the Declaration itself, in order to determine the maintenance and repair responsibilities for any Unit , and whether specific physical components

{such as wires, pipes , cables, conduits , equipment, fixtures, structural components and/or any other appurtenances) are inclu ded or excluded from the Unit, regardless of whether same are located within or beyond the boundaries established for such Unit.

SCHEDULED

PERCENTAGE INTEREST IN COMMON INTERESTS AND COMMON EXPENSES

Unit

Level

Percentage Interest in Common

Interests

Percentage Contribution to Common

Expenses

3.286%

3. 286%

3.286%

0.330%

3.739%

TOTAL

100.000%

SCHEDULE E SPECIFICATION OF COMMON EXPENSES

Common expenses, without limiting the definition ascribed thereto, shall include the following:

all sums of money levied against or charged to the Corporation on account of any and all public and private suppliers of insurance coverage, services and equipment including, without limiting the generality of the foregoing, levies or charges for:
1. maintenance materials, tools and supplies;
2. landscaping and fencing;
3. snow removal throughout the common elements (other than from rear steps or balconies of units);
4. hydro, heat, water and equipment in relation thereto for the common elements;
5. insurance premiums and all costs related to securing insurance coverage.
remuneration payable by the Corporation to any employees or independent contractors deemed necessary for the proper operation and maintenance of the Property;
payment of any remuneration including fees and disbursements payable pursuant to any management contract which may be entered into between the Corporation and a manager;
the cost of furniturer and equipment for use in and about the common elements, including the maintenance, repair, or replacement thereof;

S) the cost of maintaining and repairing the common elements and the parking spaces;

the cost of legal, accounting, auditing and engineering services or other professional advice and services required by the Corporation in the performance by the Corporation of its duties and powers;
the fees and disbursements of the insurance trustee, if any;
the cost of maintaining fidelity bonds as provided in the By-laws;
the cost of borrowing money for the purpose of carrying out the objects and duties of the Corporation;
all sums of money assessed by the Corporation to be set aside in a reserve fund and to be applied from time to time, in whole or in part, at the absolute discretion of the Corporation to the payment of any expenses the Corporation deems necessary or desirable for the performance of the objects of the Corporation.

SCHEDULE "F" EXCLUSIVE USE AREAS

The owners of the dwelling units shall have the exclusive use of the balcony or balconies situated adjacent to such unit and to which such unit has sole access .
The owners of the Level 1 units shall have the exclusive use of the patio area situated adjacent to such units being that portion of the common elements located by being numbered numerically, designated and preceded by the affix has shown on Part 2, Sheet 1 of the Description.

CERTIFICATE OF ARCHITECT OR ENGINEER

{SCHEDULE G TO DECLARATION FOR A STANDARD OR LEASEHOLD CONDOMINIUM CORPORATION)

(UNDER CLAUSES 5 (8) (A) OR (B) OF ONTARIO REGULATION 48/01OR CLAUSE 8(1) (E) OR (H) OF THE CONDOMINIUM ACT, 1998)

-:; · AOBERT:J."§Milli

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