SCHEDULE ONE ARCHITECTURAL GUIDELINES

1. INTRODUCTION

To ensure overall success at the residential and golf course development known as Desert Blume in Cypress County (“Desert Blume”) it is critical that Desert Blume Developments (the “Developer”), the Builders and the Purchasers of lots work closely together to provide a pleasant environment for high quality living within the subdivision.

An important aspect of creating this high quality living is the visual appearance and physical placement of individual houses, paying particular attention to the relationship of each house to adjacent groups of homes and the ambiance created by the resulting streetscape. Severe contrasts in size, form, colour or material must be avoided. The transition from house to house and street to street should be gradual avoiding sudden changes in height, form and exterior finish. However, such gradual transition should not exclude innovative and interesting design that may be compatible to the overall architectural ambiance.

At Desert Blume, a strict level of Architectural Control will be administered for all houses built within the subdivision. The Architectural Controls will be administered by the Developer. The Architectural Controls and guidelines outlined in this document will be directed to house size, form and massing, site planning, colours and special requirements. The Architectural Control Guidelines may be revised by the Developer at the Developer’s sole discretion from time to time. With the exception of Clause 7 a. i. relaxation may be granted by the Developer at the Developer’s sole discretion from time to time.

2. GENERAL GUIDELINES

a. Prior to any lot purchase, the Purchaser (Builder is also defined as “Purchaser” hereon in) must be familiar with the Architectural Guidelines in order to be fully apprised of the type, style and size of home to be built in the subdivision.

b. Prior to a Grade Slip being issued, the Purchaser must obtain approval for the house plans from the Developer and lodge a Security Deposit of $3,000.00.

c. The Purchaser will not be permitted to commence any work on site until such time as the Purchaser has received house plan approval from the Developer, signed a Sales Agreement, provided the required deposits to the Developer, received a Grade Slip, and acquired an approved Development Permit from Cypress County.

d. The granting of final approval of house plans or working drawings and the issuance of Grade Slips by the Developer in no way absolves the Purchaser from complying with all statutory regulations, by-laws, building codes, restrictions, or other regulations of county and provincial authorities.

e. The Purchaser shall be responsible for checking approved plans and all grades following final approval. Any errors or discrepancies must be brought to the attention of the Developer. All such problems must be resolved prior to the start of house construction.

f. The Purchaser shall be responsible for checking the site as to location of all rights-of-way, restrictive covenants, light standards, fire hydrants, catch basins, transformer boxes, etc. which may affect the house, driveway, utilities, concrete drainage swale, fencing and trees.

g. If the Purchaser intends to build any side yard or rear yard fencing on the lot in conjunction with the house construction, the Purchaser must submit a plan of the proposed fence design to the Developer for approval prior to fence construction.

h. The security deposit referred to in the Lot Sales Agreement (which covers both construction damage and architectural control) will only be refunded upon completion of the house (including grading, loaming, sodding, driveway and aprons) as per approved Architectural Controls House Approval forms, drawings, plot plans, and as per the Lot Sales Agreement. If the Purchaser fails to comply with all of the approved requirements, all or a portion of the deposit shall be held at the Developer’s discretion. A re-inspection fee of $250.00 per inspection shall be levied for each and every deficiency inspection. Any damage and or deficiencies in excess of this deposit will be charged to the Purchaser.

3. PROCESS OF APPROVAL AND HOUSE CONSTRUCTION

a. The Purchaser purchases or options a lot from the Developer.

b. The Purchaser contacts the Developer with regard to preliminary approval of house plans.

c. Following preliminary approval and completion of working drawings, the Purchaser submits the following to the Developer for final approval:

i. two sets of plans at 1/4" = 1' 0" scale, including all floor plans, elevations and sections;

ii. a completed information sheet indicating:

* exterior materials
** colour preferences
*** two plot plans with all lot and grade information (1/8" = 1' 0" scale)

d. All lots must have adequate drainage and shall be graded in accordance with the building grade plan to the satisfaction of the Developer’s engineer.

e. Exterior design, materials and colours are reviewed and approved by the Developer in its sole discretion.

f. Approved plans are available to be picked up at the Engineer’s office. The Grade Slips and the approved plans, however, will not be issued until the security and lot deposits have been provided to the Developer and the Sales Agreement has been signed by the Purchaser.

g. The Purchaser obtains a Development Permit from Cypress County.

h. The Purchaser must ensure total conformance to the approved plans, grades and footing elevations as established by the Developer.


i. When the house is complete, the Purchaser notifies the Developer to have the final inspection carried out and then may apply for security deposit refund.

4. DETAILED DESIGN GUIDELINES

House Designs

a. Roofs must have a minimum of 6:12 pitch and their design must incorporate dormers or gables to the street. Long slopes of unbroken roof line will not be accepted. All gables must include some form of additional detail in the form of vents, projections or pattering in stucco or siding.

b. The minimum roof overhang will be 24".

c. All roof types and pitches on any one elevation are to be compatible. Large gable-end roofs are prohibited.

d. A variety of roof lines is required and similar roof lines on adjacent homes shall be avoided.

e. All chimneys and flues must be boxed in with minimum exposed pipes extending above the enclosure. Such enclosures must be 600 mm x 600 mm minimum. Detailing must also be added to the top chimneys. For masonry chimneys, this should be in the form of pattering or corbelling. In stucco, the details should be appropriate to the detailing on the house itself.

f. Windows - Traditional window types such as awning, casement or double-hung windows should be used. Window grills must be 1/4" on width maximum and gold, bronze or pewter in colour. Window lintels and sills should be designed to create visual interest. Deep profile transom units are encouraged for windows facing the street.

g. Garages - All lots must be provided with at least a double-attached garage. Garage doors must be painted, panelled wood, or metal. All homes must incorporate at least a double front drive garage. Garage doors must include panels or mouldings. Plain undecorated metal doors will not be accepted. All garage doors must be stained or painted in one colour only to match other trim on the house. Garages should generally be side by side but when circumstances arise where this sequence cannot be maintained, in this case, the garage location shall be at the discretion of the Developer. Builders are advised to check garage locations and setbacks with the Developer before the preparation of the plot plan in order to avoid delays caused by re-location requirements. Locations and extent of driveways must be indicated on the plot plan.

h. Front doors must be fully visible from the street. Angled doors are not permitted. Side entries will only be allowed on corner lots. Additional emphasis in the form of porches, columns, planters or overhead trellises must be included in the design of front entrances. Entrance doors should be panelled wood or metal. Side lights must be used. Arched or fan windows above the entrance door are encouraged. Entrance doors that do not face the street are not permitted.

i. Similar exteriors of the same plan shall not repeat within view of each other. Parging is to be minimized but must not be exposed more than 150 mm (6 inches) above finished landscape grades on the front elevation.

j. All driveways, driveway aprons and sidewalks must be constructed of coloured and or textured concrete and or interlocking pavers or exposed aggregate.

k. All front driveways are to have expansion felt between the back of the curb (or sidewalk) and the driveway. All driveways must have a joint 2400 mm from the back of the curb. This will eliminate damage to driveways as a result of water valve maintenance. Driveways must conform to pre-approved grades.

l. Where driveways extend to property lines to provide an additional parking pad, a retaining wall may have to be installed to maintain appropriate overland drainage patterns. Any such walls must be installed prior to release of the security deposit. It is the responsibility of the Builder to establish the precise location of any subdivision hardware which may occur on the lot (electrical transformers, telephone pull-boxes, fire hydrants, light standards, etc.) To ensure that there is no conflict with driveways. Driveways are individual to each lot with a minimum of 900 mm from the edge of the driveway to side property line (this condition, in particular, applies to cul-de-sacs).

m. Satellite dishes to be permitted only if they are 24" in diameter or smaller and must be mounted inconspicuously and not be exposed to view from the street.

n. Separate walks to the front entrance are encouraged; walkways must be constructed of a preferred material such as exposed aggregate, coloured concrete or interlocking pavers. Flagstones are not permitted.

5. HOUSE TYPES

The height and shape of each house must be compatible with the house on the adjacent lots.

a. Corner lots

Special attention must be paid to side elevation and side yard landscaping on corner lots. The street-side elevations must have feature elements such as bay or box-out windows and should have the same treatment as front elevations. Roof planes must wrap around exposed building faces. Principal roof plans must slope toward both street frontages. The high side of a split level or two-storey house shall not abut the street.

b. Rear Elevation

Houses located on lots backing onto parks, the golf course or ravines shall require additional detailing on rear elevations. This will include use of bay and box-out windows, dormers, brick, stucco banding and brick base. Continuous three-storey elevations are not acceptable on walk-out lots. Whenever such a condition occurs, the visual impact of the mass must be reduced by the recessed upper storeys or cantilevers.

c. Cul-de-Sac

Houses on cul-de-sacs must be set perpendicular to the imaginary line of the arc of the cul-de-sac or as approved by the Developer. Houses sitting parallel to the property line will not be acceptable.

6. HOUSE SIZES

Minimum floor areas will be enforced as follows:

Bungalow.... .... .... .... 1350 sq. ft. on main level
Split level.... .... .... .... 1800 sq. ft. on main level and upper level
Two Storey.. .... .... .... 2100 sq. ft. on main level and upper level

These areas are exclusive of any basement development or garage.

7. EXTERIOR FINISHING MATERIALS

Certain proportions of specific exterior facing materials will be maintained in order to preserve the overall aesthetic value of the neighbourhood.

a. i. Lots backing on to the Golf Course or a coulee must have a minimum of 300 square feet of approved brick on the front elevation. Full brick on the first storey of a two-storey house will qualify. Other lots must use two of the following approved materials:
Standard size brick units;
Stone tiles;
Stone;
Stucco; or
Cedar shingles
ii. Side Elevation .... .... .... 1200 mm return using minimum of one and
maximum two of materials referred to in 7a.i.;
iii. Side Elevation - corner lot, street side.. At the Developer’s discretion
iv. Rear Elevation ... .... .... At the Developer’s discretion
v. Rear Elevation - corner lot .... At the Developer’s discretion

Masonry blocks, giant bricks and vinyl siding are not permitted. Stone tiles are subject to control by the Developer.

b. Stucco or cedar shingles on the balance of the elevations are permitted subject to approval by the Developer.

c. Aluminum, vinyl, wood and concrete sidings are not permitted.

d. Aluminum soffits, eaves troughs and rainwater leaders are required subject to colour being completely compatible with the rest of the house and approved by the Developer.

e. Roofs - Coloured concrete tiles or slate are required on all interior lots. Asphalt shingles, sheet metal roofing, pine and cedar shakes, steel tile roofing and exposed built up roofing are not permitted. Lots backing on to boundary roads may use 3-tab asphalt or fibreglass shingles.

f. Solar Panels - on rear or side elevations only.

g. High profile gridded windows and transom units are encouraged. All decorative window grids must be narrow profile (6.35 mm\1/4") and brass, gold or pewter in colour.

h. Each house must have a minimum of (three) 3 under eave down lights at the front elevation.

i. All rear decks backing on to ravines, parks, ponds, reserves, golf course, etc. must have pre-finished aluminum rails and either prefinished aluminum pales or tempered glass panels.

8. EXTERIOR COLOURS

a. There shall be no more than two principal exterior colours and one minor decorative trim colour used on the exterior materials of any house, windows, doors, under eaves, soffits and other similar details are not excluded from this requirement. The only exceptions will be roof and masonry.

b. Stucco is not permitted in white. Base wall colour must be dark stucco. Battens shall be medium stucco. Stucco colour approval shall be subject to the sole discretion of the Developer.

c. Approval for black and intense primary colours for fascias, soffits, battens, eaves troughs and rainwater leaders shall be at the sole discretion of the Developer. Severe contrasting colours are not permitted.

9. SITING

a. The following are minimum guidelines for setback, side yard and rear year requirements. The Purchaser must comply with current Cypress County by-laws and regulations, however, the greater of the set back shall apply.

Front Yards - 7.5 M (25 feet) to closest point of house including front drive garage, if applicable;

Side Yards - 1.5 M (5 feet)
- 3.0 M (10 feet) to side street on corner lots (unless greater side yards are required due to utility right of ways);

Rear Yards - 7.5M (25 feet) Cul-de-Sac and pie shaped lots at the discretion of the Developer (but 7.5 M minimum rear yard is required).

b. Building Height

All building heights must conform to the requirements of the Cypress County Land Use By-Law. In specified areas, the permitted building height may be less than the stated height in the Land Use By-law to allow for possible views from homes adjacent to or behind the subject house, subject to the approval of the Developer.

10. GRADES

In order to take advantage of the natural land form and avoid the excessive use of retaining walls, the Purchaser should give particular attention to lot grading prior to choosing a house design.

a. The Purchaser hereby agrees to maintain the lot line drainage strictly in accordance with the grading plans as approved by Cypress County. Where drainage structures have been constructed, the Purchaser agrees that this requirement shall run with the title to the lot when such lot is transferred. Non-compliance shall be cause for assessment of liquidation damages as specified in the Lot Sales Agreement.

b. The Developer and or their Engineering Consultant shall not be responsible for any retaining walls which may be required on or between lots. The Purchaser’s attention is drawn to the house types specified on the price lists which specify grading requirements. Retaining walls will be limited to an exposed height of 1.0 metres (3 feet), unless it can be shown that a higher wall is necessary. In this instance, a stepped wall will be required to reduce the wall’s visual mass. All retaining walls will be finished to compliment exterior house finishes and blend with the landscape.

c. Inter lot (property line) retaining walls must be installed and paid for by the first Builder affecting grades adjacent to the property line in such a way as to necessitate a retaining wall (i.e. increasing finished grade point beyond 3:1 slope). Any disputes that may arise regarding responsibility for retaining walls are to be resolved by the Developer.

11. LANDSCAPING REQUIREMENTS

a. The Purchaser must provide sod in the Purchaser’s front yard (from front property line to the face of living room) and in side yards in the case of corner lots.

b. Fencing within Desert Blume will be co-ordinated in design and detail. Fencing at the entrance gates and along the main boundary roads only will be provided by the Developer. Double rail, double post pounded fencing on interior lots will be provided by the Developer to the Purchaser. No perimeter front yard fencing of any type will be allowed. Fencing on the adjacent street frontage of corner lots and side yard fencing is the responsibility of the Purchaser and must be black plastic-coated chain link fence, with black powder coated posts and rails, 1.5 metres maximum height and cannot exceed past the line of the front of the house. In addition, fencing installed by Purchaser backing on to parks, natural areas, ponds, walkways, Municipal/Environmental Reserve lands and the golf course must be black plastic-coated chain link fence with black powder coated posts and rails or such other fencing as approved by the Developer such approval not to be unreasonably withheld.

12. HOUSE PLANS

To avoid confusion and misinterpretation of Purchaser’s drawings, when the Developer is checking the Purchaser’s plans and plotting for a house, the following is required:

a. All house plans must be complete and drawn to 1/4" scale Imperial (1:50 Metric) by a capable drafts person.

b. Floor plans, basement plans, cross sections and all exterior elevations must be included and must be consistent with the exterior of the house being approved. Total floor area and per floor breakdown must be clearly indicated.

c. Exterior materials must be drawn on and clearly marked on all four exterior elevations. Percentage breakdown of finishing materials for all four elevations must be clearly indicated.

d. Measurements showing the distance from subfloors to top of footings, subfloors to front grade and subfloors to rear grade must be clearly indicated.

e. Under no circumstances will prints of house plans with revisions or changes marked in pen or pencil be accepted for final approval. (I.e. garage offsets, siding types, window details, roof types, etc.)

f. Site/plot plans must be completed and drawn at 1/8" Scale Imperial (1:200 Metric) clearly indicating all property lines, required setbacks, utility right of ways, easements, property line lot grades (four corners and two intermediate grades between corners), percentage of slope for driveways and yards, to of slab elevation for garage, tope of main floor (subfloor) elevation and fully dimensioned outline of all permitted structures, sidewalk and driveway layout, and all proposed/required landscaping.

13. PRELIMINARY APPROVAL

After the Purchaser has had the working drawings completed as per approved preliminary plans, he may submit for final approval.

The submission should consist of two complete sets of working drawings (see “HOUSE PLANS”), one completed information sheet (available from the Developer), and two site plot plans (see “HOUSE PLANS”).

The Developer will check the submitted plan against those approved at preliminary approval state. All grades will be finalized and exterior colours and materials checked and approved by the Developer.

Following review and approval by the Developer, the plot plan, approved house plans and Grade Slip will be issued from the Developer’s office, only if the security and lot deposits have been paid to the Developer and the Lot Sales Agreement signed by the Purchaser.

After the issuance of final approval of the plans and exterior colours, a fee of $200.00 will be charged to the Purchaser for each application for revisions to the approved plans as requested by the Purchaser. The Developer reserves the right to make the final decision on each change requested.

The granting of final approval of house plans by the Developer in no way absolves the Purchaser from complying with all applicable statutory regulations, Land Use By-laws, and the building codes of Cypress County and the Province of Alberta as well as the Developer’s Architectural Control Guidelines. The review by the Developer is strictly limited to the exterior aesthetic elements and siting for streetscape and overall compatibility purposes only. Notwithstanding the foregoing requirements, the final decision regarding architectural control matters shall be at the sole discretion of the Developer.

14. INSPECTIONS

The following inspections will be carried out during the construction of each house. All inspections will be at the request of the Purchaser. The Purchaser must contact the appropriate party to carry out the inspection. Please be advised that a minimum of 48 hours notice must be given.

a. Final Inspection

When the Purchaser considers the construction of the Purchaser house and the grading of his lot to be totally complete, the Purchaser shall contact the Developer to have a final inspection carried out. The Developer will carry out the final inspection(s). The Purchaser shall be responsible to ensure compliance of footing grades and finished lot grades to the approved grading slip. Following this, the Developer will inform the Purchaser as to the completion of the house and the Developer will then return the architectural damage deposit, without interest, to the Purchaser conditional upon all elements of the house being complete accordingly to submitted and approved plans and in accordance with the Lot Sales Agreement. The Consultant/Engineer shall have the sole discretion in assessing the amount of holdbacks necessary to correct any deviations and or deficiencies from approved plans and all or a portion of the holdback shall be applied (but not limited to) against the damage deposit. All re-inspections shall be charged to the Purchaser at $250.00 per inspection. In order to avoid re-inspection costs, it is the Purchaser’s responsibility to ensure that the house and lot have been totally completed in accordance to the approved plans and that the following items have been completed:

i. All siding, trim, painting and or staining and parging,
ii. Exterior light fixtures must be installed,
iii. Loam and sod must be in place and to final grade,
iv. Driveways, sidewalks and any required retaining walls must be constructed,
v. Water valve exposed and identified,
vi. Required landscaping completed;
vii. No damage to sidewalks, curbcocks and other surface utilities and improvements abutting the lot.

Inspections will be carried out on a cumulative/weather permitting basis and normally requires two weeks to complete. Please note that a damage deposit of $3,000.00 per lot must be paid to the Developer prior to issuance of the Grade Slip.

b. Construction Problems

The Purchaser must notify the Developer should any problems arise during construction with regard to design elements or grade situations in order that a site inspection can be carried out and the problem rectified. If such problems have been caused by the Purchaser’s house and lot grade design, the Purchaser shall be responsible for an inspection fee of $250.00 per inspection.

15. CONSTRUCTION REGULATIONS FOR BUILDERS AND PURCHASERS

Our goal is to provide well-planned and attractive communities for the benefit of residents. To accomplish this with the least possible delay, we must enlist the co-operation of every Purchaser, Builder, lot owner and sub-trade. Regulations regarding construction are provided with every Sales Agreement and should be read thoroughly before construction starts. This will give you a fuller understanding of the subdivisions and how problems can be avoided or overcome.

a. Driveway Pads on Building Lots

Prior to pouring concrete driveways in front of a building lot, the Purchaser must be careful to ensure he has established the correct grade for the driveway. The Purchaser should examine the curb, gutter and sidewalk to make sure it has not settled in front of the driveway.

b. Location of Utilities

County regulations prohibit the construction of permanent structures such as garages, sidewalks, patios, etc. over any utility lines so basic planning of all structures must take this into consideration. Trench settlements within the lot boundaries are not the Developer’s responsibility.

c. Underground Utilities

Prior to the excavation, the Purchaser must contact all the shallow utility companies for utility locations. The Developer accepts no responsibility for locating these utilities. All electrical service lines from the main distribution system to the home shall be underground and shall be constructed at the Purchaser’s expense.

d. Protection of Surface Components of Underground Utilities

Sub-contractors, in the process of landscaping and grading the lot are often the cause of serious damage to curb boxes, water valves and hydrants. The Builder should never cover these over or damage them as the lot owner is not only charged with the cost of repairs to these items, but also with the cost of locating them in the event a utility crew has to make a special trip to locate them. We suggest that water valves be located, clearly marked and tested one week before the residents move in to avoid delay in case of damage, leaking or frozen lines.

Initially, stakes are provided, locating these water valves and grading crews should make sure that these stakes remain in place.

The plumber completing the house connections will often forget to replace the stake marking the water valve and it may subsequently become buried or damaged resulting in additional costs to the Purchaser.

e. Disposal of Excavation Dirt and Construction Waste

Excess excavation dirt and construction waste must not be piled anywhere unless such site is designated by the Developer and the Purchaser expressly receives permission from the Developer.

Excavation dirt must be kept within the confines of the lot. When spillage on a road or sidewalk occurs, the Purchaser will be requires to remove the dirt and if the work is not done, the dirt will be removed and the cost charged to the Purchaser.

f. Waste Material and Litter on Building Site

The Purchaser must control waste material and litter on each of the building lots. As such, waste bins are required for collection of waste constructions materials. If such waste materials must be removed by the Developer, the cost shall be charged back to the Purchaser(s) of the particular lot(s) or area. Waste bins must be placed off the roads and sidewalks.

g. Weed Control

The Purchaser must keep the building lot free of weeds at all times.

h. Construction Water

Hydrants cannot be used for water supply in the subdivision. Application must be made to the County for permits to obtain construction water and the County will advise where water can be obtained.

i. Damages to Utilities and Surface Improvements

It is the responsibility of the Purchaser to inspect the lot himself to determine the condition of all utilities and surface improvements prior to commencing building on the lot. If any are damaged before the Purchaser has possession of the Lot the repairs shall be the responsibility of the Developer otherwise it will be assumed there were no damages. The Purchaser is responsible for all damages to the utilities and surface improvements until the time the house is complete in accordance with the Lot Sale Agreement, the Architectural Control Guidelines and the Construction Regulations.

In the event of a conflict between this document and the Sales Agreement, the latter shall govern.

Last updated June 29, 2007