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oc IJI/ls27 DECLARATION~~1 2012 f! /4:5]

CERTIFICATE OF RECEIPT CONDOMINIUMCERTIFICAT DE RECEPISSEOTTAWA·CARLETON(4)

ACT, 1998'~

.-<:--

LA~~REGl~TRAR

OTTAWA-CARLETON ,~'~ CONDOMINIUM PLAN NO. 7D3

NEW PROPERTY IDENTIFIER'S BLOCK /570.3RECENTLY: OL/ 1/9- tJ ,y-/()DECLARANT: CjJ~ (,-/""~M (A~d;:;.a) J~, .

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SOLICITOR: fJ1~ j, J:a~'V,

ADDRESS: ;220 C~ UriYl. IJ~ 4J -{£} /OLJfl1,., /J 1", ,OJt} /

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PHONE: £fIfe - ;)5(J- .1GBG- FAX: '-//~ -,.l~tJ- (;'3CJD

No. OF UNITS £:'1r $

FEES: $70.00 + ($5.00 X {number of units)'" <r r;c(J, ,/

TIDS DECLARATION (hereinafter called the "Declaration") is made and executed pursual,t to theproVisions of the Condominium Act, 1998, S.O. 1998, C.19, and the reguiations made thereunder, asamended from time to time (aU of which are hereinafter collectively referred to as the "Act"), by:

URBAN CAPITAL (GLADSTONE) INC.(hereinafter called the "Declarant")

WHEREAS:

A. The Declarant is the owner in fee simple of certain lands and premises situate in, the City ofOttawa, in the Province of Ontario and being more particularly described in Schedule "A"annexed hereto and in the description submitted herewith by the Declarant (hereinafter caUed the"Description") for registration in accordance witb the Act and which lands are sometimesreferred to as the ''Lands'' or the ''Property'';

B. The Declarant has constructed a building upon the Property containing various units as moreparticularly described in this Declaration; and

C. The Declarant intends that the lands and interest appurtenant to the land in the description andSchedule "A" of the declaration be governed by the Act and that the registration of thisDeclaration and the Description will create a freehold standard condominium.

CAUTION:

That portion of the condominium building shown in hatched outline on Part 1, Sheet I of thedescription, encroaches upon the adjoining lands pursuant to an agreement registered asInstrument No. OCl361679 and is not governed by the Condominium Act, 1998.

NOW THEREFORE THE DECLARANT HEREBY DECLARES AS FOLLOWS:

ARTICLE I

INTRODUCTORY

I.l Definitions

The terms used in the Declaration shall have the meanings ascribed to them in the Act unless thisDeclaration specifies otherwise, unless the context otherwise requires and in particular:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(1)

G)

(k)

"Bicycle/Storage Units" means Units 36, 37 and 38 on Level A; Units 93 to 100,inclusive, on Level B; Units I to 100, inclusive, on Level 2; Units 32 to 45, inclusive, onLevel 3; Units 34 to 40, inclusive, on Level 4; Units 35 to 39, inclusive, on LevelS; Units35 to 39, inclusive, on Level 6; and Units 35 to 39, inclusive, on Level 7;

"Board" means the Corporation's board of directors;

"By-Iaw(s)" means the by-Iaw(s) of the Corporation enacted from time to time;

"Central Project" or the "Project" means the comprehensive, mixed-use developmentcomprised of the Condominium and the Commercial Development, collectively;

"Commercial Development" means the freehold commercial development constructedwithin the lands legally described as Part 2, 3 and 4 on Reference Plan 4R-26061;

"Common Elements" means aU the Property except the Units;

"Common Hallway Unit" means Unit 8, Levell;

"Commercial Owner" means the registered owner of the Commercial Developmentfrom time to time;

"Corporation" or "Condominium" means the freehold condominium that is a standardcondominium corporation created by the registration of this Declaration and Description;

"EntrancelRarnp Unit" means Unit 6, LeveL 1~

"Green Loan" means the loan arrangement provided or obtained by the Declarant tofinance the capital cost of acquiring various energy-efficient equipment and buildingmaterials used in the construction of the Condominium and intended to generate energy-

(I)

(m)

(n)

(0)

(p)

(q)

(r)

(s)

(t)

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related cost savings, being in the amount of approximately Five Hundred Thousand($500,000.00) Dollars, and bearing interest at a rate per annum equivalent to 35% abovethe Government of Canada benchmark bond yield (for bonds having a maturity of 10years), as published by the Bank of Canada for the date of the loan advance or for thebusiness day immediately preceding said loan advance (if no such rate is published forthe date ofthe advance). The Green Loan may be advanced directly to the Declarant byalender (herein referred to as the "Green Lender") or alternatively, the Green Loan maybe b.tween the Corporation as borrower and the Declarant or· an entity related to thedeclarant as the lend.r (in which case the Declarant or such related entity shall be the"Green Lender"). In either event, the Green Loan shail be assignable by the GreenLender at any tbne to any third party and the Green Loan shall be repaid by theCorporation by way of equal and consecutive blended monthly payments of principal andinterest, based on an amortization period ofapproximately 6 years, with such payments tocommence on the fIrst day of the month immediately following the interest adjustmentdate of the said loan (being the first day of the frrst calendar month following the date oftbe loan advance by the Green Lender to the Declarant), with all such payments ofprincipal and interest (and any other associated costs and charges related to the GreenLoan) comprising part of the common expenses ofthe Condominium. The term "GreenLoan" shall also include any renewal or replacement of the original loan. In this regard,in the event that the term of the original Green Loan is less than the amortization periodand the Green Lender is unwilling to renew the Green Loan at the end of the originalterm, the Declarant or a related entity will repay the balance outstanding under the GreenLoan at that time and will replace the Green Lender for the remaining term of the loan onthe same terms as the original Green Loan or will fmd a new lender to replace theoriginal Green Lender;

''Loading Area Unit" means Unit 7, Levell;

"Owner" means the owner or owners of the freehold estate(s) in a unit, but does notinclude a mortgagee unless in possession;

"Parking Units" means Units I to 35,. inclusive on Level A; and Units I to 92, inclusiveonLevelB;

"Proportionate Shared Unit Interest" means the respective ownership share by eachcomponent of the Project with respect to the Shared Units as determined in accordancewith this Declaration and the Shared Facilities Agreement;

"Residential UnIts" means Units 1 to 5, inclusive, on Levell; Units I to 31, Inclusive,on Level 3; Units I to 33, inclusive, on Level 4; Units I to 34, inclusive, On Levels 5 to 7,inclusive; Units 1 to 30, inclusive, on Level 8; Units 1 to 29, inclusive, on Level 9; andUnits I to 9, inclusive, on Levell O.

"Rules" means the ruies passed by the board in accordance with the provisions of theAct;

"Service Unit" means Unit 39, on L.vel A;

"Shared Facilities" means the Shared Units, which units shall ulthnately be conveyed bythe -Declarant to the Condominium and the Commercial Owner as tenants-in-common;and those portions of the common elements of the Condominium Corporation and anyportion of the Commercial Development including servicing pipes, wires, cables,conduits and systems serving or benefiting the Units andlor Common Elements of theCondominium (or any number or portions thereof) and any part of the CommercialDevelopment, excluding without Ihnitation, ali pertinent portions. of the storm andsanitary sewer systems, and the gas, domestic water, plumbing, ventilation, hydro­electric, energy management, computer monitoring and fire protections systems (as wellas portions of various ancillary mechanical and electrical fixtures, cables, valves, metersand equipment appurtenant thereto), which provide security, monitoring, heat, power,drainage, flIe protection andlor any other type of service to the Condominium exc1usi~e1yor the Commercial Development exclusively but shall also include those areas, servIces,systems requirements and facilities identifIed or defined as Shared Facilities in the SharedFacilities Agreement;

"Shared Facilities Agreement" means the mutual easement and cost sharing agreementgoverning the use and sharing of costs of certain services and facilities between theCondominium and the Commercial Owner;

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(u) "Shared Facilities Costs" means the aggregate of all costs and expenses incurred inconnection with the Shared Facilities, ail as provided in the Shared Facilities Agreement

.. and shall include without limitation, the costs and expenses incurred in connection withthe maintenance, repair and operation of the Shared Facilities, inclUding withoutlimitation, the cost of maintaining and repairing ail electrical and mechamcal equipment,fIxtures and installations comprising same or appurtenant thereto, together with theamount of any municipal, provincial or federal taxes and/or common expensesassessments attributable to the Shared Facilities (or any portion thereof);

(v) "Shared Units" shail mean the EntranceIRamp Unit, the Loading Area Unit, the ServiceUnit, the Common Hallway Unit and the Stairwell Unit, collectively;

(w) "Stairwell Unit" means Units 9, on Level I;

(x) "Transfer Date" means the earlier of:

(i) the date upon all Residential Units in the Condominium have been sold andconveyed by the Declarant; and

(li) such earlier date at the Declarant may determine in its sole and unfettereddiscretion;

(y) "Units" means ail portions of the condominium designated as a unit, collectively, as thecontext may require;

1.2 Act Goyerns the Lands

The Lands described in Schedule "A" annexed hereto and in the Description together with allinterests appurtenant to the Lands are governed by the Act.

1.3 Stagdard Condominium

The registration of this Declaration and the Description will create a freehold condominiumcorporation that constitutes a standard condominium corporation.

1.4 Consent of Encumbrancers

The consent of every person having a registered mortgage against the Property or interestsappurtenant thereto is contained in Schedule "B" attached hereto.

1.5 Inclusions and Exclusions

The monnments controlling the extent of the Units are the physical surfaces mentioned in theboundaries ofUnits in Schedule "C" attached hereto.

(a) Residential Units

(I) Each ResidentIal Unit shall Include all pipes, wires, cables, conduits, ducts,mechanicaJ or similar apparatus, including the complete vertical fan coilequipment (namely the fan coil, motor, yaJyes, controls, etc.) and the branchpiping extending to, but not including, the common pipe risers, which providesservices to that particular unit only.

(ii) Each Residential Unit shall exclude all pipes, wires, cables, conduits, ducts, fluesand mechanical or similar apparatus, including fire hose cabinets and appurtenantequipment, fIre alarms, security or sprinkler systems, all concrete, concreteblocks or masonry partitions or load bearing walls or columns that lie within theboundaries of any particular unit as hereinbefore set out which supply, service 01'

support to another Unites) 01' the Common Element or the CommercialDevelopment.

(b) Parking Units

Each Parking Unit, shall exclUde, without limiting the aforementioned, all equipment 01'

apparatus, including any fans, pipes, wires, cables, conduits, ducts, flues] shafts, fIre hosecabinets and attachments, sprinklers, lighting fixtures, ale-conditioning or heatingequipment and controls which provide any service to the Common Elements, other Unitsor the Commercial Development, including all wall structures and support columns and

4-

beams as well as any additional floor surfacing (membranes and coatings included) whichmay be located within any such Parking Unit.

(c) Bicycle/Storage Units

Each Bicycle/Storage Unit shall exclude, without limiting the aforementioned, aUequipment or apparatus, including any fans, pipes, wires, cables, conduits, ducts, flues,shafts, fire hose cabinets and attachments, sprinklers, lighting fixtures, air-conditioning orheating equipment and controls which provide any service to the Common Elements,other Units or the Commercial Development, including all waH Slmctures and supportcolumns and beams within any such Bicycle/Storage Unit as weH as any additional floorsurfacing (membranes and coatings iucluded) which may be located within any suchBicycle/Storage Unit.

(d) EntrancelRamp Unit

The Entrance Ramp Unit, shall exclude, without limiting the aforementioned, allequipment or apparatus, including any fans, pipes, wires, cables, conduits, ducts, flues,shafts, fire hose cabinets and attachments, sprinklers, lighting flxtures, air-conditioning orheating equipment and controls which provide any service to the Common Elements,other Units or the Commercial Development, including all waH structures and supportcolumns and beams as well as any additional floor surfacing (membranes and coatingsincluded) which may be located within the Entrance Ramp Unit.

(e) Loading Area Unit

The Loading Al'ea Unit, shall exclude, without limiting the aforementioned, allequipment or apparatus, including any fans, pipes, wires, cables, conduits, ducts, flues,shafts, fire hose cabinets and attachments, sprinklers, lighting fixtures, air-conditioning orheating equipment and controis which provide any service to the Common Elements,other Units or the Commercial Development, including all wall Slmctures and supportcolumns and beams as well as any additional floor SUrfacing (membranes and coatingsincluded) which may be located within the Loading Area Unit.

(f) Stairwell Unit

The Stairwell Unit, shall exclude, without limiting the aforementioned, all equipment orapparatus, including any fans, pipes, wires, cables, conduits; ducts, flues, shafts, flre hosecabinets and attachments, sprinklers, lighting fixtures, air-conditioning Or heatingequipment and controls which provide any service to the Common Elements, other Unitsor the Commercial Development, including all wall structures and support columns andbeams as well as any additional floor surfacing (membranes and coatings included) whichmay be located within the Stairwell Unit.

(g) Service Unjt/Common Hallway Unit

The Units shall include all interior partition walls, all pipes, wires, cables, conduits, ductsand mechanical, electrical, electronic andlor computer systems and equipment, or similarapparatus, including without limitation, heating and air conditioning equipment andcooling towers, within such Units.

1.6 Common Interest and Common Expenses

Each Owner shaH have an undivided interest in the Common Elements as a tenant in commonwith all other Owners in the proportions set forth opposite each unit number in Schedule ''0''attached hereto and shall contribute to the common expenses in the proportion set forth oppositeeach unit number in Schedules "D" attached hereto. The total of the proportions of the commoninterests and proportionate contribution tu common expenses shall each be one hundred (100"/0)percent.

1.7 Address for Service, Municipal Address and Mailing Address ofthe Corporation

The Corporation's address for service shall be, clo Taggart Realty Management 225 MetcalfeStreet, Suite 708, Ottawa, Ontario, K2P 1P9, or such other address as the Corporation may byresolution of the Board determine, and ti,e Corporation's mailing address shall be c/o TaggartRealty Management 225 Metcalfe Street, Suite 708, Ottawa, Ontario, K2P IP9. TheCorporation's municipal address is: 453 Bank Street, Ottawa, Ontario.

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1.8 Approval Authority Requiremeots

The following conditions are imposed by the approval authority and are required to be included inthis Declaratioo:

Ca) The Corporation shall not prohibit the flying of flags but may regulate them to ensureonly that they are displayed in a safe manner and do not interfere with the reasonable useofother units.

1.9 ArchitectlEngineer Certificates

The certificate(s) of the Declarant's architect(s) andror engineer(s) confIrming that all buildingson the Property have been constructed in accordance with the regulations made under the Actisrare contained in Schedule "G" attached hereto.

ARTICLE II

COMMON EXPENSES

2.1 Specification ofCommcn Expenses

The common expenses shall comprise the expenses of the performance of the objects and dutiesof the Corporation and such other expenses, costs and sums of money incurred by or on behalf ofthe Corporation that are specifically designated as (or collectihle as) common expenses pW'suantto the provisions of the Act andror this Declaration and without limiting the generality of theforegoing, shall include the specific expenses set out in Schedule "E" attached hereto.

2.2 Payment ofCommon Expenses

Each Owner shall pay to the Corporation his or her proportionate share of the common expensesand the assessment and collection of contributions toward common expenses may be regulated bythe Board pursuant to the By-laws. fu addition to the foregoing, any losses, costs or damagesincurred by the Corporation by reason of a breach of any provision of this Declaration, or in any,By-laws or Rules in force from time to time by any Owner, or by members of his or her familyandror their respective tenants, invitees or licensees shall be borne and paid for by such Owoerand may be recovered by the Corporation against such Owner in the same manner as commonexpenses.

2.3 Reserve Fund

(a)

(b)

(c)

The Corporatioo shall establish and maintain one or more Reserve Funds and shall collectfrom the Owners as part of their contribution towards the common expenses, all amountsthat are reasonably expected to provide sufficient funds for major repair and replacementof Common Elements and assets of the Corporation all in accordance with provisions ofthe Act.

No part of any Reserve Fund shall be used except for the purpose for which the fund wasestablished. The Reserve Fund(s) shall constitute an asset of the Corporation and shallnot be distributed to any OV'iller(s) except on termination of the Corporation inaccordance with the provisions ofthe Act.

However, for the purposes of the Act, this Declaration andror the Shared FacilitiesAgreement, any and all portions of the Shared Facilities not comprising part of theregistered description plan of this Condominium shall be deemed to be an "asset" of theCorporation for the purposes of utilizing any oftts reserve fund(s) in connection with thisCorporation's responsibility to share the costs of repairing andror replacing the SharedFacilities.

2.4 Status Certificate

The Corporation shall provide a status certificate to any requesting party who has paid (inadvance) the applicable fees charged by the Corporation for ptovlding same, in accordance withthe provisions of the Act, together with all accompanying documentation and informationprescribed by the Act. The Corporation shall forthwith provide the Declarant with a statuscertificate and all such accompanying documentation and information, as may be requested fromtime to time by or on behalf of the Declarant in connection with the Declarant's sale, transfer ormortgage of any UnitCs), all at no charge or fee to the Declarant or the person requesting same onbehalfofthe Declarant. '

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ARTICLEID

COMMON ELEMENTS

3.1 Use of COmmon Elements

Subject to the provisions of the Act, this Declaration, the By-laws and any Rules, each Owner hasthe full use, occupancy and enjoyment ofthe whole or any parts of the Common Elements, exceptas herein otherwise provided.

However, save and except as expressiy provided or contemplated in this Declaration to thecontrary, no condition shall be permitted to exist, and no activity shall be carried on, within anyunit or upon any porticn ofthe Common Elements that:

(a) will result in a contravention of any term or provision set out in the Act, this Declaration,the By-laws and Rules ofthe Corporation;

(b) is likely to damage the property of the Condominium, injure any person, or hnpail' thestructoral integrity of any Unit or common element area;

(c) will unreasonably interfere with the use and enjoyment by the other Owners of theCommon Elements andlor their respective Units; or

(d) may result in the cancellation (or threatened cancellation) of any policy of insuranceobtained or maintained by the Corporation, or that may significantly increase anyapplicable insurance premium(s) with respect thereto, or any deductible portion in respectof such policy.

No one shall, by any conduct or activity undertaken in or upon any part of the CcmmonElements, impede, hinder or cbstruct any right, privilege, easement or benefit given to any party,person or other entity pursuant to this Declaration, any By-law andlor the Rules,

3.2 Exclusive Use Common Elements

Subject to the provisions of and compliance with the Act, this Declaration, the By-laws' and theRules, the Owners of Unit(s) listed in Schedule "F" attached hereto shall have the exclusive useand enjoyment of those parts of the Common Elements more particularly described in Schedule"P" which are respectively allocated to the Unites). .

3.3 Restricted Access

(a) Without the consent in writing of the Board, no Owner shall have the right of access tothe Shared Units and to those parts of the Common Elements used from time to time forthe care, maintenance or operation of the Property or any part thereof as designated bythe Board, from time to time;

(b) No one shall be entitled to place or affix any matter or thing directly on top of anyrooftop structure which encloses or houses the mechanical and chiller room, the elevatorshafts, the stairwells, the catwalks, the cooling tower, the boiler room ilndlor the fresh airducts; and

(c) This paragraph 3.3 shall not apply to any mortgagee holding mortgages on at least thirtypercent (30%) of the Units who shall have a right of access for inspection upon forty­eight (48) hours notice to the Corporation or its property manager.

3.4 Modifications of Common Elements, Assets and Services

(a) General Prohibition

No owner shall make any change or alteration to the Conunon Elements whatsoever,including any installation(s) thereon, nor alter, decorate, renovate, maintain or repair anypart of the Common Elements (except for maintaining those parts of the CommonElements which he or she has a dnty to maintain in accordance with the provisions ofthisDeclaration) without obtaining the prior written approval ofthe Board and having enteredinto an agreement with the Corporation in accordance with section 98 ofthe Act.

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(b) Non-Substantial Additions, Alterations and Improvements by the Corporation

The Corporation may make a non-substantial addition, alteration, Or Improvement to theCommon Elements, a non-SUbstantial change in. the assets of tbe Corporation or a non­substantial change in a service that the Corporation provides to the Owners in accordancewith subsections 97(2) and (3) of the Act

(c) Substantial Additions, Alterations and Improvements by the Corporation

The Corporation may, by a vote of owners who own at least sixty-six and two thirds(66%%) percent of the Units, make a substantial addition, alteration or improvement tothe Common Elements, a substantial change in the assets of the Corporation or asubstantial change, in a service tbe Corporation provides to the Owner in accordance withsubsections 97 (4), (5) and (6) of the Act,

3,5 Declarant Rights

Notwithstanding anything provided in this declaration to the contrary, and notwithstanding anyRules or By-laws of the Corporation hereafter passed or enacted to the contrary, it is expresslystipulated and declared that:

(a) the Declarant and its authorized agents, representatives andlor invitees shall have free andnnintelTUpted access to and egress from the Common Elements, for the purposes ofimplementing, operating andlor administering the Declarant's marketing, sale,construction and/or customer-service program(s) with respect to any unsold units in thisCondominium, from time to time;

(b) the Declarant and its authorized agents or representatives shall be entitled to erect andmaintain signs and displays for marketinglsale purposes, as well as model. suites and oneor more offices for marketing, sales, construction and/or customer-service purposes, uponany portion of the Common Elements, and within or outside any unsold Units, at suchlocations and having such dimensions as the Declarant may determine in its sale andunfettered discretion, all without any charge to the Declarant for the use of the space(s) sooccupied, nor for any utility services (or any other usual or customary services) suppliedthereto or consumed thereby, nor shall the Corporation (or anyone else acting on behalfofthe Corporation) prevent or interfere with the provision of utility services (or any otherusual or customary services) to the Declarant's marketinglsales/constructionlcustomer­service office(s) and said model suites; and

(c) the Corporation shall ensure that noactions or steps are taken by anyone which wouldprohibit, limit or restrict the access and egress of the Declarant and its authorized agents,representative andior invitees over the common element areas ofthis Condominium.

until such time as all ofthe Units in this Condominium have been transferred by the Declarant.

3,6 ~

No animal, livestock or fowl, other than those household domestic as permitted pursuant toArticle N of this Declaration are permitted to be on or about the Common Elements, includingthe exclusive use Common Elements, except for ingress to and egress from a Unit. All dogs andcats must be kept under personal supervision and control and held by leash or in a carrier at alltimes during ingress and egress from a Unit and while on the Common Elements.Notwithstanding the generality of the foregoing, no owner may keep more than two (2) pets intheir Unit at any time, and no pet deemed by the Board, in their sole and absolute discretion, to bea dsnger or nuisance to the residents of the Corporation is permitted to be on or about theCommon Elements, .

ARTICLEN

UNITS

4, I General Use

The occupation and use of the Units shall be in accordance with the following restrictions andstipuiations:

(a) No Unit shall be occupied or used by an Owner or anyone else, in such a manner as islikely to damage or injure any person or property (including any other Units, any portion

1

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of the Common Elements and/or any portion of the Commercial Development) or in ~manner that will Impair the structural integrity, either patently or latently, of the UnIts,Common Elements and/or Commercial Development, or In a manner that willunreasonably interfere with the use or enjoyment by other owners of the CommercialDevelopment, the Common Elements or their respectIve Units, or that may result in thecancellatIon or threat of cancellation of any Insurance policy referred to In thisDeclaration or in the Shared Facilities Agreement, or that may increase any insurancepremiums with respect thereto, or in such a manner as tu lead to a breach by an Owner,by the Corporation and/or the Commercial Owner of any provisions of this Declaration,the by-laws, andlor any agreement authorized by by-law including the Shared FacilitiesAgreement. Ifthe use made by an Owner of a UnIt, ollier than the Declarant (except as iscontemplated in this DeclaratIon or in the by-laws, or in any agreement authorized by by­law including wIthout limitation, the Shared Facilities Agreement) causes injury to anyperson or causes latent or patent damage to any Unit, to any part of the CommonElements andlor the Commercial Development, or results in the premiums of anyIrisurance polley obtained or maIntained by the Corporation and/or the CommercialDevelopment being increased, or results in such polley being cancelled, then such Ownershall be personally liable to pay and/or fully reimburse the Corporation andlor theCommercial Owner, as applicable, for all costs incurred In the rectification of theaforesaid damages, and for such increased portion of the insurance premiums so payableby the CorporatIon and/or the CommercIal Owner, as applicable (as a result of suchOwner's use) and such Owner shan also be liable to pay and/or fully reimburse theCorporatIon andlor the Commercial Owner, as applicable, for all other costs, expensesand liabilities suffered or incurred by the Corporation and/or the Commercial Owner, asapplicable, as a result of such owner's breach of the foregoing provisions of thissubparagraph as applicable to the CondominIum, such Owner shall pay wIth his or hernext monthly contribution towards the Common Expenses after receipt of a notice fromthe CorporatIon, all increases in premiums in respect of such policy or policies ofinsurance. All payments pursuant to thIs ciause are deemed to be additional contributionstowards common expenses and recoverable as such;

(b) The Owner shall comply, and shall require all members ofrus or her family, occupants,tenants, invitees, servants, agents, contractors and licensees of his or her Unit to complywIth the Act, the Declaration, the by-laws, and all agreements authorized by by-law andthe rules including, wIthout limItation, the Shared Faclllties Agreement;

(c) No change shall be made in the colour of any exterIor glass, window, door or screen ofany Unit except wIth the prior written consent of the Board. Each Owner shall ensurethat nothIng is affixed, attached to, hung, displayed or placed on the extelior walls,including awnings and/or storm shutters, doors or windows of the building, nor shall anOwner grow any type of plant, shrubbery, flower, vine or grass outside his or her UnIt,except with the prior written consent of the Board, and further, when approved, subject tothe rules. All shades or other window coverings shall be white or off white when vIsiblefrom the outside and all draperies shall be lined in white or off whIte to present a uniformappearance to the exterior of the Building. No clothesline or similar device shall beallowed on any portion of the Property nor shall clothes or other laundry be hunganywhere on the Property.

(d) No exterIor aerial, antenna or satellite dish shall be plliced on the Property, includingUnits and Common Elements, unless the Board consents in writing to the said antenna;aerial or satellite dish which consent may be arbitrarily wIthheld. NotwIthstanding theforegoing, the Corporation shall be permitted to place one or more satellIte dIshes on theroof of the building If required to provide communIcation and televIsion service to Unitsin the Corporation.

4.2 Residential Units

(a) Eaoh Residential UnIt shall be occupIed and used in accordance with the applicablezoning by-laws pertaining to the Property and for no other purpose whatsoever. Thenumber of individuals who may occupy a ResIdential Unit shall be the same as thenumber permitted by the local municipal by-laws from tIme to time. The foregoing shallnot prevent the Declarant from completing the building and all improvements to theProperty, maintaining Units as models for dIsplay and sale purposes, and otherwIsemaintaining construction offices, dIsplays and signs for marketing/sales/leasing purposesupon the Common Elements, and withIn or outsIde any unsold Unit, until all Units in theCondominium have been conveyed by the Declarant, or Its related companies;

(b) . No sign, advertIsement or notice of any type shall be inscribed, paInted, affixed ordisplayed on any part of the inside or outside of any Unit, except for signs marketIng the

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Property or the Corporation or Units contained therein by the Declarant andlor its relatedcompanies;

(c) No anhnal, livestock or fowl of any kind other than two (2) general household domesticpets, being cats, dogs and/or any canarles, budgies, or other small caged birds, or anaquarium of goldfish or tropical fish, shall be kept or allowed in any Unit. No pet, whichis deemed by the Board or the property manager, in their absolute discretion, to be anuisance shall be kept by any Owner in any Unit. Such Owner shall, within two (2)weeks of receipt of a written notice from the Board requesting the removal of such pe~

permanently remove such pet from the Property, No breeding of pets for sale orotherwise shall be carried on, in or around any Unit. Notwithstanding the generality ofthe foregoing, no pet deemed by the Board, in their sole and absolute discretion, to be adanger to the residents ofthe Corporation, shall be permitted in any Unit;

(d) In the event the Board determines, in its sole discretion, acting reasonably, that any noise,odour .01' offensive action is being transmitted to another Unit and that such noise, odouror offensive action is an annoyance andlor a nuisance andlor disruptive (regardless ofwhether that Unit is adjacent to or wherever situated in relation to the offending Unit),then the Owner of such Unit shall at his or her own expense take such steps as shall benecessary to abate such noise, odour or offensive action to the satisfaction of the Board:In the event the Owner of such Unit fails to abate the noise, odour or offensive action, theBoard shall take such steps as shall be necessary to abate the noise, odour or offensiveaction and the Owner shall be liable to the Corporation for all expenses incurred by theCorporation in abating the noise, odour or offensive action, which expenses are to includereasonable solicitor's fees on a solicitor and his or her own client basis;

(e) No Owner of a Unit shall make any change, addition, modification or alteration, exceptfor any change, addition, modification or alteration which is solely decorative in nature,in or to his or her Unit without the prior written consent of the Board, which consent shallbe in the sole and unfettered discretion of the Board and may be subject to suchconditions as may be determtned by the Board;

(I) (i)

(ii)

(iii) .

For the purpose of this subparagraph, "VerticallHorizontal Party Wall" means avertical or horizontal wall constructed along the boundary between two (2)Residential Units shown in the Description as a vertical plane. Where and to theextent that concrete, concrete block or masonry portions of wallsffloorslceilingsor columns located within the Residential Unit are not load-bearing wails orcolumns, and contain no service conduits that service any other Unit or theCommon Elements, an Owner may, with prior written consent of the Boardwhich may attach any reasonable condition to its consent, including obtahting tMapproval of the insurer of the Property and the Owner's written agreement toindemnify and save the Corporation harmless from and against any and all costs,expenses, damages, clahns, andior liabilities which the Corporation may suffer orincur as a result of or in connection with such work:

<a) erect, remove or alter any internal wails or partitions within his or herResidential Unit; 01'

(b) where heishe is the Owner of two (2) or more adjoining ResidentialUnits, erect, remove or alter along all or part of those portions of thevertical or horizontal boundaries of each of such adjoining ResidentialUnits shown in the Description as a line or plane, any VerticallHorizontalParty Wall between his or her Residential Unit and such adjoiningResidential Uni~ or any soundproofing or tnsulating material on his orher Residential Unit side of such VerticaI!Horizontal Party Wall.

Prior to performing any work which an Owner is entitled to perform pursuant tosubparagraph (i) above, the Owner shall lodge with the Board the drawings andspecifications detailing the location, materials and method of construction andinstallation of such work;together with a certificate addressed to the Corporationfrom a dilly qualified architect andlor structural engineer certifying that if thework is can'ied out in accordance with the drawings and data so lodged with theBoard, the structural integrity of the Common Elements will not be impaired andsuch worle will not interfere with or impair any structure where there isfunctioning or operating machinery and equipment which is part of the CommonElements,

Ali work performed under subparagraph (i) above will be carried out inaccordance with: '!

(a)

(b)

(c)

-10'

"

"

the provisions ofall relevant municipal and other governmental by-laws,;rules, regulations or ordinances; ,

the provisions ofthe By-Laws of the Corporation and the conditions, ifany, of approval by the Board; and

the drawings, specifications and data lodged with the Board.

ID

(Iv) Forthwith following the completIon of any work which an Owner is entitled t6perform pursuant to subparagraph (i) above, the Owner shall deliver a furthercertificate from the said architect and/or engineer, or such other architect and/orengineer as may be acceptable to the Board, certifYing that the work has in factbeen completed in accordance with ilie drawings and data previously lodged wiilithe Board, the structural integrity of the Common Elements has not beenimpaired, and that such work has not interfered with or impaired any structure orilie functioning or operation of any machinery and equipment which is part oftheCommon Elements; or failing such certifications, specifYing in reasonable detailthe reasons why such certification cannot be made.

(v) Notwithstanding the removal of the whole or any portion of any demising orpartition wall or floor/ceiling as aforesaid, ilie adjoining Residential Units theretoshall still constitute two separate Residential Units, as illustrated in theDescription and all obligations of ilie Owner(s) of the said two adjoiningResidential Units, wheilier arising under the Act, the Declaration, the By-Laws 01'

the rules of the Condominium, shall remain unchanged.

4.3 Parking Units

(a) Each Parking Unit shall be used and occupied only for the parking of a motor vehicle asmay be from time to time defined in the Rules of the Corporation. It shan be ilieresponsibility of ilie unit owners to ensure that their vehicles can be properly operatedand/or parked in this Condominium. The Owners of Parking Units may park more thanone motor vehicles within the boundaries of such each Unit, provided, however, that 10no instance sha11 any portion of any motor vehicle parked within a Parking Unit protrudebeyond the boundaries ofthe Parking Unit and concomitantly encroach upon any portionof the common elements or upon any other Unit. Each Owner shall maintain his or herParking Unit in a clean and sightly condition, notwithstanding that the Corporation maymake provision in its annual budget for cleaning cfparking Units.

(b) With the consent of the Board, which such consent shall not be unreasonably witl1held,Owners of Parking Units may use and occupy their Parking Unit for the parking of one ormore bicycies, as may be defmed from time to time in the Rules of the Corporation.

(e) The Declarant, at its option, shall have the right to use and allow its sales staff, authorIzedpersonnel or any prospective, purchaser or tenant to use any un~old Parking Units whichright shall continue until such time as all the Residentiai Units and Parking Units theProject have been sold.

(d) Notwithstanding the provisions of this paragraph, in the event the Corporation becomesthe Owner of certain ofthe Parking Units, the Board ofDirectors may, from time to time,designate the said Parking Units for alternate uses, provided that such alteration of use isin accordance wiili the requirements and the By-laws of the City of Ottawa and approvedby the requisite number nf Owners at a meeting duly called for that purpose;

(e) Parking Units 24 and 49, on Level B (each of which is hereinafter called ilie "DisabledParking Unit") are designated for the disabled and shall be subject to the following:

(i) In the event that a "disabled person", as defmed in the regulations promulgatedpursuant to the Highway Trqffic Act R.S.O. 1990 c.H.S, including a person whoselicence plate incorporates the international symbol for the disabled, purchases aResidential Unit and a Parking Unit which is not designated for the disabled, theowner or any person occupying a Disabled Parking Unit shall (if not disabled),upon notIce from the Corporation and at the request of the disabled person,exchange the right to occupy the Disabled Parking Unit wiili the disabled personfor the Parking Unit which was purchased by the disabled person, said exchangeof the right to occupy said space to continue for the full period of the disabledperson's residence In the building.

-ll·

(ii) "':hen a disabled driver requests an exchange of occupaooy rights for theDIsabled Parkmg Umt, the Corporation shall forthwith notify the ·owner of andany person occupying the Disabled Parking Unit and the owner and/or occupantshall complete the exchange of use inunediately upon delivery of the noticeprovided said Owner or occupant is not disabled.

(iii) No rent, charges, fees or costs whatsoever shall be charged by the owner,occupant or the Corporation in connection with the exchange of the right tooccupy.

4.4 Bicycle/Storage UnIts

(a) Each Bicycle/Storage Unit located on Levels A, B, I and 2 shall only be used for thestorage of bicycles and/or other non-hazardous materials that shall not constitute a danger01' nuisance to the residents.

(b) Each Bicycle/Storage Unit located on Levels 3 to 7, inclusive, shall not be used for thestorage of bicycles and are only to be used for the storage of other non-hazardousmaterials that shall not constitute a danger or nuisance to the residents.

(c) Each ?nit Owner shall maintain his or her Bicycle/Storage Unit in a clean and sightly'condItion. .

Cd) The Declarant, at its option, shall have the right to use and allow its sales staff, authorizedpersonnel or any prospective purchaser or tenant to use any unsold Bicycle/Storage Unitswhich right shall continue until such time as all the Residential Units and Bicycle/StorageUnits have been conveyed.

Ce) Notwithstanding the provisions of this paragraph, in the event the Corporation becomesthe Owner ofany ofthe Bicycle/Storage Units, the Board of Directors may, from time totime, designate the said Bicycle/Storage Units for alternate uses, provided that suchalteration of use is in accordance with the requirements and the By-laws of the localmunicipality and approved by the requisite number cf Owners at a meeting duly calledfor that purpose.

4.5 Shared Units

(a) The Service Unit shall he used only for the purpose of housing the servicing installations,elevator systems, utility systems, storm or sanitary systems, telephone systems, cabletelevision systems, computer monitoring equipment and systems, municipal and/orprivate hydro meters, transformers, generators, municipal and/or private water meters andgas meters, sump pump, fire protection and sprinklers systems and enunciator panel andvarious other mechanical, electrical, electronic and/or computer systems and equipmentcontained therein, including without limitation, heating and air conditioning equipmentand cooling towers, together with any ancillary equipment or supplies appurtenant theretcservicing and benefiting the Corporation and the Commercial Development and for thepurpose of operating, maintaining and repairing such installations systems andequipment. The Service Unit shaIl ultimately be shared and used by the Condominiumand the Commercial Owner in connection with the maintenance and operation of thO;Shared Facilities and access thereto shall be restricted to the authorized agents,representatives, servants, employees and tradesmen of the Declarant andlor theauthorized agents, representatives, servants, employees and tradesmen of thisCondominium or other parties to the Shared Facilities Agreement.

(b) The EntranceiRamp Unit shall be used by.the Commercial OWner and its tenants,occupants, agents and invitees and by the Corporation and the owners of Units in theCorporation and their prospective tenants, occupants and invitees as a shared vehicularand pedestrian driveway providing access to their respective portions of the CentralProject.

(c) The Loading Area Unit shall be used by the Commercial Owner and its tenants,occupants, agents and invitees and by the Corporation and its agents, occupants andinvitees as an area for the temporary parking of vehicles while goods are being loadedonto or unloaded from such vehicles.

(d) The Stairwell Unit shall be usad by the Commercial Owner and its tena11ts, occupants,agents and invitees and by the Corporation and the Owners of Units in the Corporationand their respective tenants, occupants and invitees as a pedestrian stairwell for theunderground garage to the surface.

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(e) The Common Hallway Unit shall be used by owners and occupants of the Condominiumand the Commercial Development.

(t) The Corporation shall not be entitled to make any rules that further restrict or regulate theuse ofthe Shared Units by the Commercial Owner and its tenants, occupants and invitees.

(g) Ownership of the Shared Units shall ultimately be shared by the Condominium and theCommercial Owner as tenants-in-common each as to an undivided 50% interest.

(h) The actual transfer of ownership of the Shared Units by the Declarant to the CommercialOwner and the Corporation shall occur within one hundred and twenty (120) days afterthe date the Condominium has been registered by the Declarant or lIS soon as possiblethereafter.

(i) Once an interest in the Shared Units has been transferred to the Commercial Owner bythe Declarant as aforesaid, any further sale, transfer, mortgage, charge, encumbrances orother conveyance of the whole or any portion of the Shared Units shall require theconsent of the co-owner of the Shared Unit (unless such sale, transfer, mortgage, charge;or other conveyance includes both the Commercial Development and all the CommercialOwner's interest in the Shared Units) and shall also require (in addition to any otherapprovals which may be required pursuant to the provisions of the Act, this Declarationandfor the Shared Facilities AgreementCs)) every prospective new owner, mortgagee,chargee or encumbrancer of the Shared Units to execute (by way of countelpart orotherwise) an agreement in favour oftha co-tenant(s) ofthe Shared Units, covenanting tobe bound by all of the terms and provisions ofthe Declaration and the Shared FacilitiesAgreement(s), as applicable, to the same extent and effect as if it had been an originalparty thereto, but only to the extent that such new owner, mortgagee, chargee orencumbrancer goes into possession and remains in possession of, or becomes aregistered owner and remains an owner of the Shared Units. Until a mortgagee, chargeeor encumbrancer becomes an owner of the Service Units or goes into possession oftheShared Units, it shall have no liability hereunder. If a person does become an owner of aninterest in a Shared Unit or goes into possession ofthe whole or any portion ofthe SharedUnit and thereafter either conveys the such ownership portion of the Shared Unit to athird party, which third party executes an agreement in favour of the co-tenant of theShared Unit covenanting to be bound by all of the terms and provisions of theDeclaration and Shared Facilities Agreement, or goes out of possession of such portion ofthe Shared Unit to which they are entitled (in the case of a mortgagee, chargee or otherencumbrancer), in compliance with the provisions hereof, then such owner, mortgagee1chargee or encumbrancer shall thereafter have no further liahility under this Declaratio\)or the Shared Facilities Agreement with respect to the Service Unit or part thereof soconveyed. '

Q) Once ownership of the Shared Units has been transferred to the Condominium by theDeclarant as aforesaid, any further sale, transfer, mortgage, charge, encumbrances orother conveyance of the whole or any portion of the Shared Units by the Condominiumshall require the consent of the co-owner of the Shared Units, together with the priorapproval oftwo-thirds of the Residential Unit Owners (with such Unit Owners' approvalsbeing procured from Owners who ara present, in person or by proxy, at a meeting dulycalled for the purpose of obtaining such approval). In addition, every new owner,mortgagee, chargee or encumbrancer of the Shared Units shail be required to execute (byway ofcounterpart or otherwise) an agreement in favour ofthe co-tenant(s) of the SharedUnits, covenanting to be bound by all of the terms and provisions ofthe Declaration andthe Shared Facilities AgreementCs) as applicable, to the same extent and effect as if it hadbeen an original party thereto, but only to the extent that such uew owner, mortgagee,chargee or encumbrancer goes into possession and remains in pessession of, or becomesa registered owner and remains an owner of the Shared Units.

(k) Any instrument or other document purporting to sell, transfer, convey, mortgage, chargeor encumber an owner's undivided interests as tenants-in-common in the Shared Units,without the new agreement or counterpart being executed and delivered (as the case mayhe) as required in the immediateiy preceding subparagraph, shall be null and void and ofno force or effect whatsoever.

4.6 Leasing ofUnits

(a) Owners shall be prohibited from leasing Units in the Condominium on a short-term basi,and shall not enter into leases for any unit for less than six (6) months. !.,

"

I~

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(b) Whe~e ":' Owner leases his or her Unit, the Owner shall within thirty (30) days ofent.rrog rota a lease or a renewalthereof::

(i) notify the Corporation that the Unitis leased;

(ii) provide the Corporation with the lessee's name, the Owner's address and a copyof the lease or renewal or a snmmary of it in accordance with Form 5 asprescribed by Section 40 ofRegnlation 49/01;

(iii) provide the lessee with a copy of the Declaration, By-laws and rules of theCorporation;

(c) If a lease of the Unit is terminated and not renewed, the Owner shall notify theCorporation in writing.

(d) No tenant shan be liable for the payment of common expenses nnless notified by theCorporation that the Owner is in default of payment of common expenses, in which casethe tenant shall deduct, from the rent payable to the Owner, the Owner's share of thecommon expenses and shall pay the same to the Corporation.

(e) An Owner leasing his or her Unit shall not be relieved thereby from any of his or herobligations with respect to the Unit, which shaJJ be joint and several with his or hertenant.

4.7 Restrictions on Sale and Lease ofUnits

Notwithstanding anything hereinbefore or hereinafter provided to the contrary and save andexcept for any Parking Unit(s) and/or Bicycle/Storage Unites) owned by the Declarant and/or theCorporation, the ownership, sale, leasing, charging, assigning, transferring, or otherwis~

conveying of any Parking Unites) and/or Bicycle/Storage Unites) in the Condominium shan besubject to the following restrictions and limitations: .

1'3

(a)

(b)

(c)

Cd)

Ce)

any sale, transfer, assignment or other conveyance of aforesaid' Units shall be made onlyto the Declarant, to the Condominium, or to any owner ofa Residential Unit;

no one shan retain ownership of any such unit after he or she has sold and conveyed titleto his or her Residential Unit;

any lease of such unit shall be made only to the Declarant or the Condominium, providedhowever, that if any such unit is, leased to a tenant of a Resid(llltiaI Unit then the term ofsuch lease shaH not extend beyond the term of the tenancy in respect of such ResidentialUnit;

where any such unit is leased to an owner of a Residential Unit, then upon the sale,transfer, assignment or other conveyance of the 'lessee's Residential Unit, the lease inrespect ofthe unit shaH also be assignad by the said lessee to the transferee or new ownerof such Residential Unit as the case may be, within thirty (30) days of the registration ofthe transfer of title to the said Residential Unit; and

where the lessee of such unit is an owner of a Residential Unit and such lessee isdeprived of possession and/or ownership of his or her Residential Unit through any legaiaction, by any party holding a registered mOltgage, charge, execution, lien or otherencumbrance against the said Residential Unit, then such lease shaH be deemed to be indefault, and shall thereupon be automatically terminated and of nor further force oreffect, whereupon the unit which is subject to such lease shall automatically revert to thelessor thereof.

ARTICLE V

MAINTENANCE AND REPAIRS

,".

5.1 Repairs and Maintenance by Owner

(0) Each Owner shall maintain his or her Unit, and subject to the provisions of thisDeciaration, each Owner shall repair his or her Unit after damage, all at his or her ownexpense. Without limiting the generality ofthe foregoing, each Owner shall maintain:

(1) the interior surface of doors which provide the means of ingress and egress fromhis or her Unit and repair damage to those doors caused by the negligence ofthe

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0w:r:er, residents, family members, guests, visitors, tenants, licensees or inviteesto his or her Unit;

(ll) the interior surface, of all windows in Residential Units and interior and exteriorsurfaces ofall windows and window sills contiguous to his, or her Unit and whichare. accessible by the terrace or balcony, tngether with the terrace or balconywhlCh has been desiguated as an exclusive use area in respect of such Unit; andshall be ~esponsible for the costs incurred by the Corporation to repair damage tothose wmdows caused by the negligence of the Owner, residents, familymembers, guests, visitors, tenants, licensees or invitees to the Unit;

(iii) all pipes, wires,. cables,. conduits, ducts and mechanical or similar apparatus, thatsupply any semce to hIS or her Unit only;

(iv) all exhaust fans and fan motors located in the kitchen and bathroom areas of theUnit or adjacent common elements and services the Unit;

(v) his or her Parking Unit in a clean and sightly condition, notwithstanding that theCorporation may make provision in its annual budget for the cleaning of saidUnits; .

(vi) his or her Bicycle/Storage Unit in a clean and sightly condition;

(vii) the exclusive use terrace or balcony to whIch his or her Unit has exclusive use ina clean and sightly condition; and

(viii) the gas fireplace, if applicable, which shall be repaired and maintained by acertified gas technician.

Itt

(b)

(c)

(d)

Each Owner shall further maintain, repair and replace the heating, air conditioning andventilation equipment, including'thennostatic controls contained within and servicing hisor her Unit a.nly (to and including the shut-off valve whether same is installed or locatedwithin or beyond the boundaries of the Unit) such maintenance to include regularlyscheduled inspections of all such equipment. Such periodic maintenance shall includethe cleaning and repiacement of air filters. The Corporation may make provision in itsannual budget for the maIntenance and repair of the heating system, servicing each Unit,including the replacement of air filters, whereupon such costs shall be allocated as part ofthe common expenses. Each Owner shall be liable for any damage to the unit andlorcommon elements due to the malfunction of such equipment caused by the act oromission of an Owner, his or her servants, agents, tenants, family or guests. No Ownershall make any change, alteration or 'addition in or to such equipment without the prioi'written consent of the Board.

Tn the event that an Owner replaces his or her appliances, plumbing flXlures or electricalfixtures, the replacements shall be at least as energy efficient as ones that are beingreplaced.

The Corporation shall make any repairs that an Owner is obliged to make pursuant t6paragraph 5.1 and that the Owner does not make within a reasonable time and in such anevent, an Owner shall be deemed to have consented to haVing said repairs done by theCorporation, and an Owner shall reimburse the Corporation in fuil for the cost of suchrepairs, including any legal or collection costs incurred by the Corporation to coilect thecosts of such repairs, and ail such sums of money shall bear interest at the rate of eighteen(18%) per cent per annum. The Corporation may collect all such sums of money in suchinstalments as the Board may decide upon. The instalments shall fonn part of themonthly contributions towards the common expenses of such Owner, after theCorporation has given written notice thereof. Ail such payments are deemed to headditional oontributions towards the common expenses and recoverable as such.

5.2 Resoqnsibility ofOwner for Damage

Each Owner shall be responsible for all damage to any and ail other Units and to tl,e CommonElements, which is caused by the failure of the Owner, his or her residents, family members,guests, visitors, tenants, licensees or invitees to his or her Unit, to so maintain and repair his orher Unit and such parts of the Common Elements for which he/she is responsible, or caused bythe negligence or wilful misconduct of the Owner, his or her residents, tenants, licensees, orinvitees, save and except for any such damage for which the cost of repairing same may berecovered under any policy of insurance held by the Corporation.

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5.3 Re.pajr and Maintenance by Comoration

(aJ Save as otherwise specifically provided in this Declaration to the cnntrary, theCorporation shall maintain, and repair after damage, the Common Elements (includingany portion of the Shared Facilities comprising parts of the Common Elements of thisCondominium which the Condominium has failed to maintain and repair, in accordancewith the provisions of the Shared Facilities Agreement), other than any improvements to(andlor any facilities, services or amenities installed by any unit owner upon) anycommon element areas set aside for the exclusive use of any owner. In order to maintaina uniformity of appearance throughout the Condominium, the Corporation's duty t6maintain and repair shall extend to ail exterior surfaces of doors which provide access tqthe units, exterior door frames, exterior window frames and all exterior window surfaces,and any exterior perimeter fences erected by the DeclllnUlt along the boundaries of theProperty,

(b) Notwithstanding anything provided in paragraph 5.3(a) hereof to the contrary, it isunderstood and agreed that each owner shall be responsible for the maintenance of allinterior door and window surfaces with respect to his or her Residential Unit.

(c) Every owner shall forthwith reimburse the Corporation for repairs to windbws and doorsserving his or her unit, following damage to same caused by such owner's negligence, orthe negligence ofhis or her residents, tenants, invitees or licensees.

5.4 Repair and Maintenance of the Shared Facilities

The Corporation shall, with respect to any damage to any portion of the Shared Facilitiescomprising any unit or portion ofthe Common Elements of this Condominium, make (or arrangefor) any repairs that any owner is obligated to make and that he or she does not make within areasonable time, after written notice is given to such owner by the Corporation, In such event, anowner shall be deemed to have consented to having repairs done to his or her Unit by theCorporation. The owner shall reimburse the Corporation in order to collect the costs of suchrepairs, and all such costs shall bear interest at the rate of twenty-four (24%) percent per annum;calculated monthly not in advance, until paid by the owner, The Corporation may collect suchcosts in such instalments as the Board may decided upon, which instalments shall be added to themonthly contributions towards the common expenses of such owner, after receipt of writtennotice from the Corporation thereof, and shall be treated in all respects as common expenses, andbe recoverable as such, .

ARTICLE VI

lNDEMNIF1CATION

6.1 Each Owner shall indemnify and save harmless the COlporation from and against any loss, costs;damage, injury or liability whatsoever which the Corporation may suffer or incur resulting fromor caused by an act or omission of such Owner, his family, guests, visitors or tenants to or withrespect to the Common Elements andlor all other Units, except for any loss, costs, damages,injury or liability caused by an insured (as defined in any policy or policies of insurance) andinsured against by the Corporation. All payments to be made by an Owner pursuant to thisArticle shall be deemed to he additional contributions toward common expenses payable by suchOwner and shall be recoverable as such.

ARTICLE VII

INSURANCE

7.1 By the Comoration

The Corporation shall obtain and maintain to the extent obtainable, at reasonable cost, thefollowing insurance, in one or more policies:

(a) "All Risk" Insurance

Insurance against "all risks" (including fire and major perils as defmed in the Act) as isgenerally available from commercial insurers in a standard "all risks" insurance policyand insurance against such other perils or events as the Board may from time to timedeem advisable, insuring:

IS

(Ii) the Property and building, but excluding improvements made or acquired by aliOwner; and ;,

·16·

fl(iii) all assets of the Corporation, but not including furnishings, furniture, or othet

personal property supplied or instaUed by the Owners;

in an amount equal to the full replacement cost of such real and personal property, and ofthe units and common elements, without deduction for depreciation. This insurance maybe subject to a loss deductible clause as determined by the board from thue to time, andwhich deductible shail be the responsibility of the Corporation in the event of a ciahuwith respect to the units and/or the common elements (or any portion thereof), providedhowever that if an owner, tenant or other person residing in the unit with the knowledgeor permission of the owner, through an act or omission causes damage tc such owner'sunit, or to any other unites), or to any portion of the common elements, in thosecircumstances where such damage was not caused or contributed by any act or omissionof the Corporation (or any of its directors, officers, agents or employees), then theamount which is equivalent to the lesser of the cost of repairing the damage and thedeductible lhuit of the Corporation's insurance. policy shaU be added to the commonexpenses payable in respect of such owner's unit.

(b) Policy Provisions

Every policy of insurance shall insure the interests of the Corporation and the Ownersfrom time to time, as their respective interests may appear (with all mortgageeendorsements subject to the provisions of the Act, this Declaration and the InsuranceTrust Agreement) and shan contain the follOWing provisions:

(i) 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 arisingfrom arson, fraud, vehicle hupact, vandalism or malicious mischief caused byanyone ofthe above; to

(il) such policy or policies of insurance shall not be terminated or substantiallymodified without at least sixty (60) days prior written notice to the Corporationand to the Insurance Trustee;

(iii) waivers of the insurer's obligation to repair, rebuild or replace the damagedproperty in the event that after damage the government of the Property isterminated pursuant to the Act;

(iv) waivers of any defence based on co-insurance (other than a stated amount c0­

insurance clause);

(v) waivers of any defence based on any lnvalidity arising from the conduct or act oromission of or breach ofa statutory condition by any insured person; and

(vi) such waivers and other provisions as may be required by the Shared FacilitiesAgreement.

(c) Public Liability Insnrance

Public liability and property damage insurance, and insurance against the Corporation'sliability resulting from breach of duty as occupier of the Common Elements insurlng theliability of the Corporation and the Owners from time to time, with limits to bedetermined by the Board, but not less than TWO MILLION ($2,000,000.00) DOLLARSper occurrence and wIthout right of subrogation as against the Corporation, its directors,officers, manager, agents, employees and servants, and as agalnst the Owners and anymember of the household or guests of any Owner or occupant of a Unit. .

lIP

(d) Boiler, Machinery and Pressure Vessel Insurance

Insurance against the Corporation's liability arising from the ownership, use oroccupation, by or on its behalf ofbollers, machinery, pressure vessels and motor vehiclesto the extent required as the Board may from thue to thue deem advisable.

7.2 General Provisions

(a) The Corporation, its Board and its officers shall have the exclusive right, on behalf ofitself and as agents for the Owners, to adjust any loss and settle any claims with respect toall insurance placed by the Corporation, and to give such releases as are required, and anyclahuant, including the Owner of a damaged Unit, shail be bound by such adjustment.

·]7·

Provided, however, that the Board may in writing, authorize any Owner, in writing, toadj ust any loss to his or her Unit;

(b) Every mortgagee shall be deemed to have agreed to waive any right to have proceeds ofany insurance applied on account of the mortgage where such appllcation would preventapplication of the insurance proceeds in satisfaction of an obligation to repair. Thissubparagraph 7.2(b) shall be read without prejudice to the right of any mortgagee toexercise the right of an Owner to vote or to consent if the mortgage itself contains aprovision giving the mortgagee that right;

(c) A certificate or memorandum of all insurance policies, and endorsements thereto, shall beissued as SOOn as possible to each Owner, and a duplicate original or certified copy ofthepolicy 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 eachOwner and to each mortgagee noted on the Record of the Corporation who haverequested same. The master policy for any insurance coverage shall be kept by theCorporation in its offices, available for inspection by any Owner or mortgagee onreasonable notice to the Corporation:

(d) No insured, other than the Corporation, shall be entitled to amend any policy or policie;;of insurance obtained and maintained by the Corporation. No insured shall be entitled todirect that the loss shall be payable in any manner other than as provided in theDeclaration and the Act;

(e) Where insurance proceeds are received by the Corporation or any other person 'ratherthan the Insurance Trustee, they shall be held in trust and applled for the same purposesas are specified otherwise in Article Vill; and

(f) Prior to obtaining any new policy or policies of insurance and at such other time as theBoard may deem advisable and also upon the request of a mortgagee or mortgageesholding mortgages on fifty (50%) per cent or more of the Units and in any event, at leastevery three (3) years, the Board shall obtain an appraisal from an independent qualifiedappraiser of the full replacement cost of the assets for the purpose of determining theamount of insurance to be, effected and the cost of such appraisal shall be a commonexpense.

7.3 By the Owner

(a) It is acknowledged that the foregoing insurance is the only insurance required to beobtained and maintained by the Corporation and that the following insurance, must beobtained and maintained by each Owner at such Owner's own expense:

(i) Insurance on any improvements to a Unit to th~ extent same are not covered aspart of the standard unit for the class of unit to which the Owner's Unit belo!,gsby the insurance obtained and maintained by the Corporation and for furnishings,fixtures, equipment, decorating and personal property and chattels ofthe Ownercontained within the Unit and the personal property and chattels stored elsewher~

on the Property, inciuding automobiles, and for loss of use and occupancy of th#Unit in the event of damage. Every such policy of insurance shall contaiJ)waiver(s) of subrogation against the Corporation, its directors, officers, manager,agents, employees and servants, and against the other Owners and any membersof their honsehold or guests except for any damage arising from arson, fraud;vehicle impact, vandalism or malicious mischief caused or contrlbuted by any ofthe aforementioned parties;

(il) Public liability insurance covering any liability of any Owner or any resident,tenant, invitee or licensee of such Owner, to the extent not covered by any publicliability and property damage insurance obtained and maintained by theCorporation;

(iii) Insurance covering the deductible on the Corporation's master insurance policyfor which an owner may be responsible.

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

(iv) additional living expenses incurred by an Owner if forced to leave his or herresidential Unit by one of the hazards protected against under the Corporation'spolicy;

11

.J 8·

(v) special assessments levied by the Corporation and contingent insurance ccveragein the event the Corporation's insurance is inadequate.

7.4 Indemnity Insurance fQr Directors and Officers of the Corporation

The Corporation shall obtain and maintain insurance for the benefit of all of the directors andofficers of the Corporation, if such insurance is reasonably available, in orderto indemnifY themagainst the matters described in the Act, including any liability, cost, charge or expense incurredby them in the execution of their respective duties (hereinafter collectively referred to as th¢"Liabilities"), provided however that such insurance shall not indemnifY any of the directors 0\'

, officers against any of the Liabilities respectively incnrred by them as a result of a breach of theitduty to act honestly and in good faith, or in contravention oflhe provisions oflhe Act.

ARTICLEVID

INSURANCE TRUSTEE AND PROCEEDS OF INSURANCE

8.1 The Corporation may enter into an agreemenfwith an Insurance Trustee which shall be a TrustCompany registered under the Loan and Trust Corporations Act, or shall be a Chartered Bank;which agreement shall, withont limiting its generality, provide the following:

(a) the receipt by the Insurance Trustee of any proceeds of insurance in excess of fifteen(15%) percent of the replacement cost ofthe property covered by the insurance policy;

(b) the holding of such proceeds in trust for those entitled thereto pursuant to the provisionsofthe Act, this Declaration, and any amendments thereto;

(c) the disbursement of such proceeds in accQrdance with the provisions of the InsuranceTrust Agreement; and

(d) the nolification by the Insurance Trustee to the mortgagees of any insurance moniesreceived by it.

If the Corporation 'is unable to enter into such agreement with such Trust Company or suchChartered Bank, by reason of its refusal to act, the Corporation may enter into such agreementwith such other Corporation authorized to act as a Trustee, as the Owners may approve by by-lawat a meeting called for that purpose. The Corporation shall pay the fees and disbursements of anyInsurance Trustee and any fees and disbursements shall constitote a common'expense. '

8.2 In the event that:

(a) the Corporation is obligated to repaIr or replace the Common Elements, any Unit, or anyasset insured in accordance with the provisions of the Act, the Insurance Trustee shallhold all proceeds for the Corporation and shall disburse same in accordance with th$provisions of the Insurance Trust Agreement in order to satisfY the obligation of theCorporation to make such repairs;

(b) there is no obligation by the Corporation to repair or repiace, and if there is termination illaccordance with the provisions of the Act, or otherwise, the Insurance Trustee shall holdall proceeds for the Owners in the proportion of their respective interests in the CommonElements and shall pay such proceeds to the Owners in such proportions uponregistration of a nolice of termination by the Corporation. Notwithstanding theforegoing, any proceeds payable as aforesaid shall be subject to payment in favour of anymortgagee or mortgagees to whom such loss is payable In any policy of insurance and insatIsfaction of the amQunt due under a Certificate of Lien registered by the Corporationagainst such Unit, in accordance with the priorities thereof;

(c) the Board, in accordance with the provisions of the Act, determines that:

(i) there has not been substantial damage tQ twenty-five (25%) per cent, of thebuilding; or

(il) there has been substantial damage to twenty-five (25%) per cent of the buildingand within sixty (60) days thereafter the Owners who own eighty (80%) per centoftbe Uuits do not vote for termination,

the Insurance Trustee shall hold all proceeds for the Corporation and Owners whoseUnits have been damaged as their respective interests may appear and shall disburse samein accordance with the provisions of this Declaration and the Insurance Trust Agreement

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in order to satisfy their respective obligations to make repairs pursuant to the provision~ofthis Declaration and the Act.

ARTICLE IX

SHARED FACILITIES

9.1 The Cpntrol. Operations, Budgeting and Cost-Sharing of the Shared Facilities

(a) Save as otherwise provided in this Deciaration to the contrary, any easement that theCondominium enjoys 0" is subject to, shall be used only in accordance with theprovisions of the Shared Facilities Agreement by the Deciarant, the Owners .of the Unitsin the Condominium (to the extent they are entitled to use same) and by the CommercialOwner and by their respective representatives, agents, contractors, residents, tenants andinvitees and by their respective tenants and invitees, Save as otherwise provided in thisDeclaration to the contrary, no provision contained in any of the by-laws or rules of thisCorporation shall restrict the access to, egress from and/or nse of the Shared Facilities bythe persons entitled thereto, save for any reasonable controls or restrictions imposed onaccess thereto by the Board (and the Declarant, prior to the Transfer Date) for the SharedFacilities that are a unit or part of the Common Elements of the Condominium,

(b) The Corporation's share of the Shared Facilities Costs shall be calculated and paid asprovided in the Shared Facilities Agreement. The budget fer the COrpOraticn shallincorporate any budget for the same period for Shared Facilities Costs prepared inaccordance with the Shared Facilities Agreement by or on behalfof the owners or partiesfor the time being to the Shared Facilities Agreement.' .

t'l

ARTICLE X

DUTIES OF TIlE CORPORATION"

10,1 In addition to any other duties or obligations of the Corporation set out elsewhere in thisDeclaration and/or specified in the by-laws of the Corporation, the Corporation shall have thefollowing duties, namely:

(a) To assume and/or enter into the Shared Facilities Agreement as soon as reasonablypossible after the registration of this Deolaration and to observe and comply (and insofaras possible, compel the observance and/or compliance by all Unit Owners, residents andtheir respective tenants and/or invitees) with all terms and provisions contained in theShared Facilities Agreement in addition to complying (and insofar as possible compellingthe observance and/or compliance by all unit owners, residents and their respectivetenants and/or invitees) with all of the requirements set forth in the Act, and all of theterms and provisions set forth in this Declaration and By-laws of this Ccrporation.

(b) To not interfere with the supply of (and insofar as the requisite services are supplied formthe Corporation's property, to canse) heat, hydro, water, gas and all other requisite utilitj!services (including such services which constitute Shared Facilities) to be provided to theCentral Project so that same are fully functional and operable during normal or customaryhours of use. .

(c) To operate, maintain and keep in good repair (or cause to be operated, mainteined and/orrepaired) as would a prudent owner of similar premises at all times, those parts of theCommon Elements of this Condominium which service or benefit or constitute theShared Facilities;

(d) To ensure that no actions or steps are taken by or on behalf ofthe Corporation or by allYUnit Owner which would in any way prohibit, restrict, limit, hinder or interfere with theDeclarant's access and egress over any portion of the Property so as to enable theDeclarant and other owners of the Central Project to construct, complete, maiutain andrepair the Central Project.

(e) To ensure that no actions or steps are taken by or on b~halfof the Corporation, or by anyUnit. Owner 01' their respective tenants or invitees which would prohibit, restrict, limit,hinder or interfere with the Declarant's ability to utilize portions of the CommonElements of this Condominium for its marketing/sale/construction programs inconnection with any of the Condominium, as more .particularly set out in the foregoingprovisions of this Declaration,

(f) To ensure that no actions or steps are taken by or on behalf of the Corporation, or by anUnit Owner, or their respective tenants or invitees which would prohibit, limit or restrict

-20-

the access to, egress from andlor use any easement or Shared Units enjoyed by theCentral Project andlor their respective residents, tenants and invitees as more particularlyset out in the foregoing provisions of this Declaratiou.

(g) To pay ou a mouthly basis, the Corporation's share of the Shared Facilities Costs, asmore particularly set out in the foregoing provisions oftbis Declaration and as providedfor in the Shared Facilities Agreement.

(h) To execute forthwith upon the request of the Declarant following the transfer of title tothe Shared Units such documents, releases and assurances as the Declarant mayreasonably require in· order to evidence and confinn the formal cessation of all theDeclarant's liabilities and obligations with respect to the Shared Facilities (as same relateto the Condominium and for which the Declarant was responsible for prior to tlleregistration of the Condominium).

(i) To accept and register the transfer/deed from the Declarant of this Corporation'sProportionate Shared Unit Interest and/or an undivided interest in the Shared Units (inaccordance with, and at the timers) contemplated hy, the foregoing provisions of thisDeclaration) and to complete and execute all requisite documentation and affidavit§necessary to effect the registration ofsuch conveyance, all without cost to the Declarant. :

U) To execute upon the request of the Declarant, a release and abandonment of anyeasement enjoyed by this Condominium and created pursuant to this Declaration orpursuant to the Shared Facilities Agreement through any area that is ultimately part ofany of the Commercial Development such that this Condominium will continue to enjoyits easement rights with respect to those portions of the Commercial Development thatare reasonably necessary for the continued use and enjoyment of such easements and thisCondominium shall complete and execute all requisite documentation and affidavitSnecessary to effect the registration ofsuch release and abandonment of easements.

(k) The Board shall, after notification thereof, adopt without amendment and be bound by, alldecisions of the parties to the Shared Facilities Agreement in connection with mattersdealt with in the Shared Facilities Agreement as if such decisions where made by theBoard itself, including decisions with respect to the determination of the Shared FacilitiesCosts.

(i) To enter into, abide by and comply with, the terms imd provisions of any outstandingsubdivision, condominium, site plan, development or similar agreements (as well enteriuto a formal assumption agreement with the City of Ottawa or other GovetnnlentalAuthorities relating thereto, if so required by the City of Ottawa or other GovetnnlentalAuthorities).

(m) When the Corporation formally retains an independent consultant (who holds a certificateof authorization within the meaning of the Professional Engineers Act, R.S.O. 1990, c..P.28 as amended, or alternatively a certificate of practice within the meaning of theArchitects Act, R.S.O. 1990, c. A.26 as amended) to conduct a performance audit of theCommon Elemeuts on behalf of the Corporation, in accordance with the provisions ofsection 44 of the Act and section 12 of a.Reg.4S/OI (hereinafter refened to as the"Performanc. Audit") at any time between the 6ili month and the 10"' month followingthe registration ofthis Declaration, then the Corporation shall have a duty to:

(i) permit the Declarant and its authorized employees, agents and represeutatives toaccompany (and confer with) the consultant(s) retained to carry out th~

Performance Audit for the Corporation (hereinafter refened to as the"Performance Auditor") while same is being conducted, and to provide theDeclarant with at least fifteen (15) days written notice prior to thecommencement ofthe Performance Audit; and

(li) permit the Declarant and its authorized employees, agents and representatives tocarry out any repair or remedial work identified or recommended by thePerformance Auditor in connection with the Performauce Audit (if the Declaranichooses to do so);

for the purposes of facilitating and expediting the rectification and audit process (and'bringing an matters requiring rectification to the immediate attention of the Declarant, sothat same may be promplly dealt willl), and affording the Declarant the opportunity toverify, clarify and/or explain any potentIal matters ofdispute to the Performance Auditor,prior to the end of the 11 <h mouth following the registration of tbis Declaration and theconesponding completion of the Pelformance Audit and the concomitant submission of

-21-

the Perfonnance Auditor's report to the Board and the Tarion Wammty CorporatiOlipursuant to section 44(9) ofthe Act;

(n) To take all reasonable steps to collect from each unit owner his or her proportionate sbareof the common expenses and to maintain and enforce the Corporation's lien arisingpursuant to the Act, against eacb Unit in respect of wbich tbe owner has defaulted in thepayment ofcommon expenses.

(0) To grant, immediately after registration of this Declaration, if required, an easement iiiperpetuity in favour of utility suppliers or cable television operators, over, under, upon:across and through tbe Common Elements, for the purposes of facilitating theconstruction, installation, operation, maintenance and/or repair of utility or cabletelevision lines or equipment (and aU necessary appurtenances thereto) in order tofacilitate the supply of utilities and cable television service tc eacb of the units in tbeCondominium and if so requested by the grantees of such easements, to enter into (and

. abide by the terms and provisions of) an agreement with tbe utility and/or cable televisio!)suppliers pertaining to the provision of their services to the Condominium and for suchpurposes shall enact such by-laws or resolutions as may be required to sanction th~foregoing.

(p) To take all actions reasonably necessary as may be required to fulfil any of theCorporation's duties and obligations pursuant to this Declaration.

(q) To accept and register within thirty (30) days of being requested by the Declarant, atransfer/deed of land of any Parking Units and/or Bicycle/Storage Units (or similar typeUnits) not sold by the Declarant. .

(r) To enter and be bound by the tenns of the Green Loan and to execute any and andocumentation in order to give effect thereto and allow for the advance thereunder to bepaid to the Declarant, if applicable, including without limitation the Corporation';irrevocable direction re funds, in order to fund and/or reimburse tbe Declarant for theincremental costs incurred as a result of its acquisition of various energy-efficientequipment and building materials used in the construction of this Condominium pursuantto the tenns ofthe Green Loan.

~I

ARTICLE XI

GENERAL MATTERS AND ADl'I.IINISTRATION

I l.I Rights of Entry to the Unit

,.,\,

(a)

(b)

(c)

(d)

The Corporation or any insurer of the Property or any part thereof, their respectiveagents, or any otber person authorized by the Board, shall be entitled to enter any Unit orany part of the Common Elements over which any Owner has the exclusive use, at allreasonable times and upon giving reasonable notice, to perform the objects and duties ofthe Corporation, and, without limiting. the generality of the foregoing, for the purpose ofmaking inspections, adjusting losses, making repairs, correcting any condition whichviolates the provisions of any insurance policy and remedying any condition which migbtresult in damage to the Property or any part thereof or carrying out any duty imposedupon the Corporation.

The Corporation, its agents or any other person authorized by the Board shall be entitledto enter where necessary, any Unit or any part of tbe common elements over which theowners of such units have the exclusive use at such reasonable time(s) to facilitatewindow washing. Owners shan not obstruct nor impede access to window washingancbors located within exclusive use Common Elements. .

in case of an emergency, an agent of the Corporation may enter a Unit at any time andthis provision constitutes notice to enter the Unit in accordance with the Act for th~

purpose of repairing the Unit, Common Elements, including any part of the CommonElements over which any Owner bas the exclusive use, or for the purpose of correctingany condition wbich might result in damage or loss to the Property. The Corporation oranyone authorized by it may determine whether an emergency exists; .

Ifan Owner shall not be personally present to grant entry to his Unit, the Corporation orits agents may enter upon such Unit without rendering it, or them, liable to any claim orcause of action for damages by reason thereof provided that they exercise reasonabl",care;

-22-

(e) The Corporation shall retain a master key to all locks controlling entry into eachResidential Unit and Bicycle/Storage Unit. No owner shall change any lock, or place anyadditional locks on the door(s) leading directly into his or her Residential Unit orBicycle/Storage Unit (nor on any doors within said Residential Unit), nor with respect toany door(s) leading to any part of the exclusive use common element areas appurtenant tosuch owner's Residential Unit, without the prior written consent of the Board, Wheresuch consent has been granted by the Board, said owner shall forthwith provide theCorporation with keys to all new locks (as well as keys to all additional locks) soinstalled, and all such new or additional locks shall be keyed to the Corporation's masterkey entry system,

(I) The rights and authority hereby reserved to the Corporation, its agents, or any insurer orits agents, do not impose any responsibility or liability whatever for the care orsupervision of any Unit except as specifically provided in this Deciaration or the By­laws,

11.2 Invalid ity

Each of the provisions of this Declaration shall be deemed independent and severable, and theinvalidity or unenforceability in whole or in part of anyone or more of such provisions shall notbe deemed to impair or affect in any manner the validity, enforceability or effect of the remainderof this Declaration, and in such event all of the other provisions of this Declaration shall continuein full force and effect as if such invalid provision had never been included herein,

11,3 Waiver

The failure to take action to enforce any provision contained in the Act, this Declaration, too By­laws or any other rules and regulations of the Corporation, irrespective of the number ofviolations or breaches which may occur, shall not constitute a waiver of the right to do sothereafter, nor be deemed to abrogate or waive any such provision,

11 A Internretation of Declaration

This Declaration shall be read with all changes of number and gender required by the context.

11.5 Headings

The headings in the body of this Declaration form nO part of the Declaration but shall be deemedto be inserted for convenience ofreterence only,

IN WITNESS WHEREOF the Declarant has hereunto affixed its corporate seal under the handsof its proper officer duly authorized in that behalf,

DATED at Toronto, this 16th day of May, 2012,

URBAN CAPITAL (GLADSTONE) INC.

Per ~David wex=PreSidel1t

j have authority to bind the Corporation,

M:',lj;J;08Q214'.MASTliR.'{',Dcdaration (ReVised Final (2j).doc

SCHEDULE "A"

Part of Lots 1,2 and 3 on the East side of Bank Street, Part of Lot IS, South side of GladstoneAvenue and Part of Lot 15, North side of McLeod Street, Registered Plan 30, City of Ottawa,being Part I on Reference Plan 4R·26061, being Part of PIN 04119-0340 (L1') (the"Condominium Lands").

SUBJECT TO an easement in gross in favour Hydro Ottawa Limited as described in InstruroentNo.OCI247728.

SUBJECT TO an easement in favour of Rogers Cable Communications Inc. as described inInstruroent No. OCI291155.

SUBJECT TO an easement in favour of Bell Canada as described in Instruroent No.OC1357161.

RESERVING rights of way in the nature of easements ove/Part of Lots 1, 2 and 3 on the Eastside of Bank Street, Part of Lot 15, South side of Gladstone Avenue and Part of Lot 15, Northside of McLeod Street, Registered Plan 30, City of Ottawa, being Part I on Reference Plan 4R­26061~ being Part ofPlN 04119-0340 (LT) in favour of the owners from time to time ofPart ofLots 1,2 and 3 on the east side of Bank Street, Part of Lot 15, South side of Gladstone Avenueand Part of Lot 15, North side of McLeod Street, Registered Plan 30, City of Ottawa, designatedas Parts 2, 3 and 4, Reference Plan 4R-26061, being Part of PIN 04119-0340 (LT) (the"Commercial Lands") and their contractors, agents, employees, tenants and invitees, whichsaid rights-of-way or rights in the nature of easements are as follows:

(a) in and· through the Cornmon Elements of this Condominium, for'the access of persons,materials, vehicles and equipment necessary for the maintenance, repair, operation,installation and reconstruction of any mechanical or electrical apparatus, installation orequipment including, but not limited to, gas mains, water mains, storm and sanitarysewers, electrical cables, wires, conduits or ducts, telephone and cable television cables,wires, conduits or ducts, fIre alarm systems, security systems and sump pumps which arenecessary to the operation of the building situate within the Commercial Lands;

(b) a right-of-support in and through all structural members, including, but not limited to,load bearing walls, columns, floor and roof slabs, footings, foundation and soil all ofwhich are situate within the Common Elements of this Condominium and are necessaryfor support of the Commercial Lands; and

(c) in and through the Common Elements of this Condominium for the access of persons,vehicles, materials and equipment necessary for the maintenance, repair, operation,construction and reconstruction ofthe building situate within the Conunercial Lands.

TOGETHER WITH appurtenant rights of way in the nature of easements in favour of Part ofLots 1,2 and 3 on the East side ofBank Street, Part of Lot IS, South side of Gladstone Avenueand Part of Lot IS, North side of McLeod Street, Registered Plan 30, City of Ottawa, being PartI on Reference Plan 4R-26061, being Part ofPIN 04119-0340 (LT) over part of Lots 1,2 and 3on the East side of Bank Street, Part of Lot 15, South side of Gladstone Avenue and Part of Lot15, North side of McLeod Street, Registered Plan 30, City of Ottawa, designated as Parts 2, 3and 4, Reference Plan 4R-26061 being Part ofPIN 04119-0340( L1') as follows:

(a) in and through the Commercial Lands for the access of persons, materials, vehicles andequipment necessary for the maintenance, repair, operation, installation andreconstruction of any mechanical or electrical apparatus, installation or equipment,including, but not limited to gas mains, water mains, storm and sanitary sewers, electricalcables, wires, conduits or ducts, telephone and cable television cables, wires, conduits orducts, fIre alarm systems, security systems and sump pumps which are necessary to theoperation of the building situate within the Condominium Lands;

(b) a right-of-support in and through all structural members including, but not limited to,load bearing walls, columns, floor and roof slabs, footings, foundation and soil situatewithin the Commercial Lands and which are necessary for support of the building situatewithin the Condominium Lands; and

(c) in and through the Commercial Lands for access of persons, vehicles, materials andequipment necessary for the maintenance, repair, operation, construction andreconstruction of the buildingsituate within the Condominium Lands.

None of the rights of way or easements set forth above shall be exercised by the owners of theCommercial Lands or the Condominium Lands, and their respective contractors, agents,employees, tenants or invitees, except in accordance with the provisions of the Shared FacilitiesAgreement.

In my opinion, based on the parcel register, and the plans and documents recorded therein, thelegal description~~ is correct, the easements described will exist in law upon theregistration of the declaration and description, and the declarant is the registered owner of theland and appurtenant interests.

HARRIS, SHEAFFER LLPSolicitors and duly authorizedrepresentatives ofURBAN CAPITAL (GLADSTONE) INC.

Dated: May 23,2012.

,1,J: IOM1802{4-"'WAS1ER,\'\Schedule A.doc:r:

Per: pC) -C:~Mark L. Karoly ~

SCHEDULE "E"CONSENT

(under clause 7(2)(b) of the Condominium Act, 199/f)

1. HMT HOLDINGS INC. have registered mortgages within the meaning of clause 7(2)(b) of theCondominium Act, 1998 registered as Numbers OC1088378 and OC131640lin the Land Registry Office for the Lend Titles Division ofOttawa-Carleton (No, 4).

2. HMT HOLDINGS INC. consents 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 describ.edin the description.

3. HMT HOLDINGS INC, postpones the mortgages and the interests under them to the declarationand the easements described in Schedule "Au to the Declaration.

4, HMT HOLDINGS INC, is entitled by law to grant this consent and postponement.

DATED this \ \ ".;£: day of May, 2012.

HMT~NC'

Per:,_-:--;-__.,-;;--;- _Name: ~\ov, LJ\,\ljTitle: 'l:C'e...;'\'~\-

Per. ----Name:Title:

I/We have the authority to bind the Corporation.

SCHEDULE liB"CONSENT

(under clause 7(2)(b) ofthe Condominfum Act. 1998)

I. LAUReNTIAN BANK OF CANADA have a registered mortgage within the meaning of clause7(2)(b) of the Condominium Act, /998 registered as Number OCl136788 in the Land RegistryOffice for the Lnnd Titles Division ofOttB,wa·Cerleton (No.4).

2. LAURENTlAN BANK OF CANADA consents to the regIstration oflhls declaration, pursuant tothe Act, against the land or the interests appurtenant to the land, as The land <lnd the interests aredescribe<! in the description.

3. LAURENTIAN BANK OF CANADA postpones the mortgage and the interests under it to thedeclaration and the easements described in Schedule "A" to the Declaration.

4. LAURENTIAN BANK OF CANADA is entitled by law to grant this consent and postponement.

DATED this~day of May, 2012.

LAURENTIAN BANK OF CANADA

pcr:_-t}'-jI11! / N:~l:~~~:~

i'.":' ffb""~"Pe< 6ft £~Name: Harold MugtorcTitle' p 'ct t' Assistant Vice reSI enJlWe have the authority to bInd the Corporation.

SCHEDULE "B"CONSENT

(under clause 7(2)(b) of the Condominium Act, 1998)

1. NORTHBRIDGE GENERAL INSURANCE CORPORATION have a registered mortgagewithin the meaning of clause 7(2)(b) of the Condominium Act, 1998 registered as NumberOC938192 in the Land Registry Office for the Land Titles Division of Ottawa-Carleton (No, 4),

2, LOMBARD GENERAL INSURANCE COMPANY OF CANADA changed its name as a resultof a change of name authorized under Letters Patent to Amend the Incorporation instrument bythe Office of the Superintendent of Financial Institutions Canada dated October 7, 2011 andeffective March 1,2012 and registered on March I, 2012 by Instrument No, OC1337947,

3, NORTHBRIDGE GENERAL INSURANCE CORPORATION consents to the registration ofthis declaration, pursuant to the Act, against the land or the interests appurtenant to the land, asthe land and the interests are described in the description,

4, NORTHBRlDGE GENERAL INSURANCE CORPORATION postpones the mortgage and theinterests under it to the declaration and the easements described in Schedule "A" to theDeclaration,

5, NORTHBRIDGE GENERAL INSURANCE CORPORATION is entitled by law to grant thisconsent and postponement.

r"ti'-'DATED this v day ofMay, 2012,

NORTHBRIDGE GENERAL INSURANCE

CORPORATION~All -

Per; 'I~Nam-e-;------:7t7/f-"'+-----Title; Vc Fenj&

~~

Per; _

Name;Title;

lIWe have the authority to bind the Corporation,

SCHEDULE "C"

Each Residential Unit, Entrance/Ramp Unit, loading Area Unit, Parking Unit,Bicycle/Storage Unit, Service Unit/Common Hallway Unit, Stairwell Unit and theCommon Hallway Unit shall comprise the area within the heavy lines shown on Part 1,Sheets 1 to 12 of the Description with respect to the unit numbers indicated thereon. Themonuments controlling the extent of the units are the physical surfaces and planesreferred to below, and are illustrated on Part 1, Sheets 1 to 12 of the Description, and alldimensions shall have reference to them.

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

A) BOUNDARIES OF THE RESIDENTiAL UNITS

(being Units 1 to 5 level 1; Units 1 to 31 Level 3; Units 1 to 33 level 4; Units 1 to34 level 5, 6 & 7; Units 1 to 30 level 8; Units 1 to 29 level 9; Units 1 to 9 level10)

a) Each Residential Condominium Unit is bounded horizontally by:

i) The backside surface and plane of the drywall sheathing and itsproduction.

ii) The unfinished unit side surface and plane of exterior doors, door andwindow frames and any glass panels contained therein.

IIi) The unfinished unit side surface of the poured concrete walls,columns, and concrete block walls and their production.

b) Each Residential Condominium Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

i1) The lower surface of the poured concrete ceiling or drywall ceiling andits production.

B) BOUNDARIES OF THE BICYCLE/STORAGE UNITS (being Units 36, 37 & 38,Level A; Units 93 to 100, Level B; Units 1 to 100 Level 2; Units 32 to 45 Level 3;Units 34 to 40 Level 4; Units 35 to 39 Level 5; Units 35 to 39 Level 6; and Units35 to 39 level 7.

a) Each Bicycle/Storage Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,columns, and concrete block walls and their production.

i) The vertical plane formed by the wire mesh

b) Each Bicycle/Storage Unit is bounded vertically by:

I) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii) The horizontal plane established by the upper limit of the vertical wiremesh panels forming the storage locker unit.

C) BOUNDARIES OF THE PARKING UNITS (being Units 1 to 35, Level A; andUnits 1 to 92, Level B)

a) Each Parking Unit is bounded horizontaliy by:

i) The unfinished unit side surface of the poured concrete walis,columns, and concrete block wails and their production.

ii) The vertical plane established by measurements.

iii) The vertical plane of the centre line productions of the pouredconcrete walls and columns.

iV) The outside face of the chain link fence and its vertical projection.

b) Each Parking Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii) The unfinished underside surface of the concrete slab and itsproduction.

D) BOUNDARIES OF THE ENTRANCE/RAMP UNIT (being Unit 6, Level')

a) The Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,coiumns, and concrete block walis and their production.

b) The Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii) The lower surface of the poured concrete ceiling and its production.

E) BOUNDARIES OF THE LOADING AREA UNIT (being Unit 7 , Levell)

a} The Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,coiumns, and concrete block walls and their production.

b) The Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii} The lower surface of the poured concrete ceiling and its production.

F) BOUNDARIES OF THE SERVICE UNIT/COMMON HALLWAY UNIT (beingUnit 39 , Level A)

a) The Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,columns, and concrete block walls and their production.

b) The Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii) The lower surface of the poured concrete ceiling and its production.

G) BOUNDARIES OF THE STAIRWELL UNIT (being Unit 9, Level 1)

a) The Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,columns, and concrete block walls and their production.

b) The Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and itsproduction across any openings.

ii) The lower surface of the poured concrete ceiling and Its production.

H) BOUNDARIES OF THE COMMON HALLWAY UNIT (being Unit 8, Level 1)

a) The Unit is bounded horizontally by:

i) The unfinished unit side surface of the poured concrete walls,columns, and concrete block walls and their production.

b) The Unit is bounded vertically by:

i) The upper unfinished surface of the concrete floor slab and ~s

production across any openings.

ii) The lower surface of the poured concrete ceiling and its production.

I CERTIFY that the written description of the monuments and boundaries of theUnits contained herein accurately corresponds with the diagrams of the Unitsshown on Part 1, Sheets 1 to 12 inclusive of the Description.

Dated at Ottawa, this/&th day of filoy ,2012

Brian J. WebsterOntario Land Surveyor

Reference should be made to the provisions of the Declaration itseif, in order todetermine the maintenance and repair responsibilities for any Unit, and whetherspecific physical components (such as wires, pipes, cables, conduits, equipment,fixtures, structural components and/or any other appurtenances) are included orexcluded from the Unit, regardless of whether same are located within or beyondthe boundaries established for such Unit.

Central Phase 1 - Schedule D 3lProportion of

Common Expenses andLevel Unit Proportion of Common

Interest

A 1 0.0736908%A 2 0.0736908%A 3 0.0736908%A 4 0.0736908%A 5 0.0736908%A 6 0.0736908%A 7 0.0736908%A 8 0.0736908%A 9 0.0736908%A 10 0.0736908%A 11 0.0736908%A 12 0.0736908%A 13 0.0736908%A 14 0.0736908%A 15 0.0736908%A 16 0.0736908%A 17 0.0736908%A 18 0.0736908%A 19 0.0736908%A 20 0.0736908%A 21 0.0736908%A 22 0.0736908%A 23 0.0736908%A 24 0.0736908%A 25 0.0736908%A 26 00736908%A 27 0.0736908%A 28 0.0736908%A 29 0.0736908%A 30 0.0736908%A 31 0.0736908%A 32 0.0736908%A 33 0.0736908%A 34 0.0736908%A 35 0.0736908%A 36 0.0210545%A 37 0.0210545%A 38 0.0210545%A 39 0.0000005%B 1 0.0736908%B 2 0.0736908%B 3 0.0736908%B 4 0.0736908%B 5 0.0736908%B 6 0.0736908%B 7 0.0736908%B 8 0.0736908%B 9 0.0736908%B 10 0.0736908%B 11 0.0736908%B 12 0.0736908%B 13 0.0736908%B 14 0.0736908%B 15 0.0736908%B 16 0.0736908%B 17 0.0736908%B 18 0.0736908%B 19 0.0736908%B 20 0.0736908%B 21 0.0736908%B 22 0.0736908%B 23 0.0736908%B 24 0.0736908%B 25 0.0736908%B 26 0.0736908%

Central Phase 1 • Schedule D

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB8B88B

2728293031323334353637383940414243444546474849505152535455565758596061626364656667686970717273747576777879808182838485868788899091929394959697

0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%00736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%00736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0736908%0.0210545%0.0210545%0.0210545%0.0210545%0.0210545%

Central Phase 1 - Schedule D ;3B 98 0,0210545%B 99 0,0210545%B 100 0,0210545%1 1 0.4495134%1 2 0,6616381%1 3 0,6616381%1 4 0,6616381%1 5 0,6616381%1 6 0,0000017%1 7 0.0000017%1 8 0,0000017%1 9 0,0000016%2 1 0,0210545%2 2 0,0210545%2 3 0,0210545%2 4 0,0210545%2 5 0,0210545%2 6 0,0210545%2 7 0,0210545%2 8 0,0210545%2 9 0,0210545%2 10 0,0210545%2 11 0,0210545%2 12 0,0210545%2 13 0,0210545%2 14 0,0210545%2 15 0,0210545%2 16 0.0210545%2 17 0.0210545%2 18 0,0210545%2 19 0,0210545%2 20 0,0210545%2 21 0,0210545%2 22 0.0210545%2 23 0,0210545%2 24 0,0210545%2 25 0,0210545%2 26 0,0210545%2 27 0,0210545%2 28 0.0210545%2 29 0,0210545%2 30 0,0210545%2 31 0,0210545%2 32 0,0210545%2 33 0,0210545%2 34 0,0210545%2 35 0,0210545%2 36 0.0210545%2 37 0.0210545%2 38 0,0210545%2 39 0.0210545%2 40 0,0210545%2 41 0.0210545%2 42 0.0210545%2 43 0.0210545%2 44 0.0210545%2 45 0,0210545%2 46 0.0210545%2 47 0,0210545%2 48 0,0210545%2 49 0.0210545%2 50 0,0210545%2 51 0,0210545%2 52 0,0210545%2 53 0,0210545%2 54 0,0210545%2 55 0.0210545%2 56 0.0210545%2 57 0,0210545%2 58 0,0210545%2 59 0,0210545%

Central Phase 1 - Schedule D 3"/"2 60 0.0210545%2 61 0.0210545%2 62 0.0210545%2 63 0.0210545%2 64 0.0210545%2 65 0.0210545%2 66 0.0210545%2 67 0.0210545%2 66 0.0210545%2 69 0.0210545%2 70 0.0210545%2 71 0.0210545%2 72 0.0210545%2 73 0.0210545%2 74 0.0210545%2 75 0.0210545%2 76 0.0210545%2 77 0.0210545%2 76 0.0210545%2 79 0.0210545%2 80 0.0210545%2 81 0.0210545%2 82 0.0210545%2 83 0.0210545%2 84 0.0210545%2 85 0.0210545%2 86 0.0210545%2 87 0.0210545%2 88 0.0210545%2 89 0.0210545%2 90 0.0210545%2 91 0.0210545%2 92 0.0210545%2 93 0.0210545%2 94 0.02'10545%2 95 0.0210545%2 96 0.0210545%2 97 0.0210545%2 98 0.0210545%2 99 0.0210545%2 100 0.0210545%3 1 0.3252923%3 2 0.3226604%3 3 0.3226604%3 4 0.3226604%3 5 0.4437239%3 6 0.3616113%3 7 0.2773932%3 8 0.2463378%3 9 0.2463378%3 10 0.2463378%3 11 0.2463378%3 12 0.3995094%3 13 0.4247748%3 14 0.5337320%3 15 0.4000358%3 16 0.4000358%3 17 0.4000358%3 16 0.4000358%3 19 0.4000358%3 20 0.4000358%3 21 0.5158356%3 22 0.3926667%3 23 0.4174058%3 24 0.3263450%3 25 0.5263629%3 26 0.3226604%3 27 0.3226604%3 28 0.3226604%3 29 0.3852976%3 30 0.3226604%

Central Phase 1 • Schedule D ;,3 31 0.4547775%3 32 0.0210545%3 33 0.0210545%3 34 0.0210545%3 35 0.0210545%3 36 0.0210545%3 37 0.0210545%3 38 0.0210545%3 39 0.0210545%3 40 0.0210545%3 41 0.0210545%3 42 0.0210545%3 43 0.0210545%3 44 0.0210545%3 45 0.0210545%4 1 0.3252923%4 2 0.3226604%4 3 0.3226604%4 4 0.3226604%4 5 0.4437239%4 6 0.2689714%4 7 0.2637078%4 8 0.2773932%4 9 0.2463378%4 10 0.2463378%4 11 0.2463378%4 12 0.2463378%4 13 0.4284694%4 14 0.4247748%4 15 0.5337320%4 16 0.4000358%4 17 0.4000358%4 18 0.4000358%4 19 0.4000358%4 20 0.4000358%4 21 0.4000358%4 22 0.5158356%4 23 0.3926667%4 24 0.4174058%4 25 0.3263450%4 26 0.5263629%4 27 0.2516015%4 28 0.3226604%4 29 0.3226604%4 30 0.3226604%4 31 0.3852976%4 32 0.3226604%4 33 0.4547775%4 34 0.0210545%4 35 0.0210545%4 36 0.0210545%4 37 0.0210545%4 38 0.0210545%4 39 0.0210545%4 40 0.0210545%5 1 0.3252923%5 2 0.3226604%5 3 0.3226604%5 4 0.3226604%5 5 0.2873941%5 6 0.3342404%5 7 0.3005532%5 8 0.3631904%5 9 0.3263450%5 10 0.5263629%5 11 0.2516015%5 12 0.3226604%5 13 0.3226604%5 14 0.3226604%5 15 0.3852976%5 16 0.3226604%

Central Phase 1 - Schedule 0

555555555555555555555556666666666

66

6

66666

66666666

6

66666

6666666777777777

1718192021222324

2526272829303132333435363738

39123456789

101112131415

16171819202122232425262728293031323334

35363738391

23456789

OA547775%05337320%0,4000358%

OA000358%0.4000358%OA000358%0.4000358%0.4000358%0.5158356%0.3947722%0.5205729%

0.2773932%0.2463378%0.2463378%0.2463378%0.2463378%OA284594%0.4247748%0.0210545%0.0210545%0.0210545%0.0210545%0.0210545%0.3252923%0.3226604%0.3226604%0.3226604%0.2873941%0.3342404%0.3005532%0.3631904%0.3263450%0.5263629%

0.2516015%0.3226604%0.3226604%0.3226604%0.3852976%0.3226604%0.4547775%0.5337320%0.4000358%0.4000358%0,4000358%0,4000358%0,4000358%0,4000358%0.5158356%0.3947722%0.5205729%0.2773932%0.2463378%0.2463378%0.2463378%0.2463378%0.3737176%0.3605586%0.0210545%0.0210545%0.0210545%0.0210545%0.0210545%0.3252923%0.3226604%0.3226604%0.3226604%0.2873941%

0.3342404%0.3005532%0.3631904%0.3263450%

Central Phase 1 - Schedule D 377 10 0.5263629%7 11 0.2516015%7 12 0.3226604%7 13 0.3226604%7 14 0.3226604%7 15 0.3852976%7 16 0.3226604%7 17 0.4547775%7 18 0.5337320%7 19 0.4000358%7 20 0.4000358%7 21 0.4000358%7 22 04000358%7 23 04000358%7 24 0.4000358%7 25 0.5158356%7 26 0.3947722%7 27 0.5205729%7 28 0.2773932%7 29 0.2463378%7 30 0.2463378%7 31 0.2463378%7 32 0.2463378%7 33 0.3737176%7 34 0.3605586%7 35 0.0210545%7 36 0.0210545%7 37 0.0210545%7 38 0.0210545%7 39 0.0210545%8 1 0.3252923%8 2 0.3226604%8 3 0.3226604%8 4 0.3226604%8 5 0.2873941%8 6 0.3342404%8 7 0.3005532%8 8 0.3631904%8 9 0.3263450%8 10 0.5263629%8 11 0.2516015%8 12 0.3226604%8 13 0.3226604%8 14 0.3226604%8 15 0.3852976%8 16 0.3063432%8 17 0.3400304%8 18 0.6226873%8 19 0.3442413%8 20 0.3442413%8 21 0.3442413%8 22 0.3442413%8 23 0.6421627%8 24 04016149%8 25 0.5205729%8 26 0.2773932%8 27 0.2463378%8 28 0.2463378%8 29 0.2463378%8 30 0.3684540%9 1 0.3252923%9 2 0.3226604%9 3 0.3226604%9 4 0.3226604%9 5 0.2873941%9 6 0.3342404%9 7 0.3005532%9 8 0.3631904%9 9 0.3263450%9 10 0.5263629%9 11 0.2516015%

Central Phase 1 - Schedule 0 6~9 12 0.3226604%9 13 0.3226604%9 14 0.3226604%9 15 0.3852976%9 16 0.3063432%9 17 0.3368722%9 18 0.3442413%9 19 0.3442413%9 20 0.3442413%9 21 0.3442413%9 22 0.6421627%9 23 0.4016149%9 24 0.5205729%9 25 0.2773932%9 26 0.2463378%9 27 0.2463378%9 28 0.2463378%9 29 0.3684540%10 1 0,3284504%10 2 0,3226604%10 3 0.3226604%10 4 0,3226604%10 5 0,9279777%10 6 0,5879473%10 7 0.2658133%10 8 0,2658133%10 9 0,5132038%

100,0000000%

SCHEDULE "E"

SPECIFICATION OFCO\VtMON EXPENSES,Common Expenses, without limiting the definition ascribed thereto, shall include the following:

(a) all sums of money paid or payable by the Corporation in connection with the performance of anyof its objects, duties and powers whether such objects, duties and powers are imposed by the Act,the Declaration and By-laws of the Corporation or other law or by agreement;

(b) all sums of money properly paid by the Corporation on account of any and all public and privatesuppliers to the Corporation of insurance coverage, utilities and services including, witllOutlimiting the generality of the foregoing, levies or charges payable on account of:

i) insurance premiums;ii) water and sewage respecting common elements and units, unless metered separately;iii) waste disposal and garbage collection;iv) maintenance materials, tools and supplies;v) snow removal and landscaping;vi) fuel, including gas, oll and hydro electricity unless metered separately for each unit; andvii) the Shared Facilities Agreement.

(c) all sums of money paid or payable by the Corporation pursuant to any management contractwhich may be entered into between the Corporation and a manager;

(d) all sums of money required by the Corporation for the acquisition or retention of real property forthe use and enjoyment of the property or for the acquisition, repair, maintenance or replacementof personal property for the use and enjoyment in or about the common elements;

(e) all sums of money paid or payable by the Corporation to any and all persons, finns, or companiesengaged or retained by the Corporation, its duly authorized agents, servants and employees forthe purpose of performing any or all of the objects, duties and powers of the Corporationincluding, without limitation, legal, engineering, accounting, auditing, expelt appraisingadvising, maintenance, managerial, secretarial or other professional advice and service requiredby the Corporation; .

(I) the cost of fumishings and equipment for use in and about the C0111l11on Elements including ti",repair, maintenance or replacement thereof;

(g) tile cost of borrowing money for the carrying out of the objects, duties and powers of tileCorporation, including, without limitation, monies payable to repay principal and interest undertile Green Loan;

(h) the fees and disbursements of the Insurance Trustee, if any, and of obtaining insurance appraisals;

(i) the cost of maintaining fidelity bonds as provided by By-law;

Ul all sums required to be paid to the reserve or contingency fund as required by the Declaration orin accordance with the agreed upon annual budget of the Corporation;

(k) all sums required to fulfill the obligations of the Shared Facilities Agreement.

SCHEDULE "F"

Subject to the provisions of the Declaration, the By-laws and Rules of theCorporation and the right of entry in favor of the Corporation thereto and thereon,for the purposes of facilitating any requisite maintenance and/or repair work, orto give access to the utility and service areas appurtenant thereto:

a) The owner(s) of each Residential Condominium Unit(s) 1 to 31 inclusiveLevel 3, 1 to 26 inclusive, 28 to 33 inclusive Level 4, 1 to 6 inclusive 8, 9 &10,12 to 34 inclusive Level 5, 1 to 6 inclusive, 8, 9 & 10,12 to 34inclusive Level 6, 1 to 6 inclusive, 8, 9 & 10, 12 to 34 inclusive Level 7, 1to 6 inclusive 8, 9 & 10, 12 to 15 inclusive, 18, 25 to 30 inclusive Levei 8,1 to 6 inclusive, 8, 9, & 10, 12 to 29 inclusive Level 9 and 1 to 4 inclusiveLevel 10 shall have the exclusive use to any balcony which is locatedadjacent to such unit to which such unit has the sole and direct access.

b) The owner(s) of each Residential Condominium Unit 1 to 12 Inclusive &31 Level 3, 33 & 34 Level 6, 19 to 22 inclusive Level 8 and 7 & 8 Level 10shali have the exclusive use of any Terrace located adjacent to such unitto which such unit has the sole and direct access being numbered thesame as the unit number together with the affix ''T'' as shown on Part 2,Sheets 1 of the Description.

c) The owners of Units 1 to 5 inclusive Level 1,6,7, 8, 26 &27 Level 5, 18,23, 24 & 30 Level 8 and 1, 5, 6 & 9 Level 10 shall have the exclusive useof a terrace being illustrated in heavy outline on Part 2, Sheet 1 of theDescription and designated by the letter "T" and are assigned below.

UNIT NO. LEVEL TERRACE NO.

1 1 T12 1 T23 1 T34 1 T45 1 T56 5 T67 5 T78 5 T826 5 T2627 5 T2718 8 T1823 8 T2324 8 T2430 8 T301 10 T15 10 T56 10 T69 10 T9

SCHEDULE "G"

CERTIFICATE OF ARCHITECT OR ENGINEER.(SCHEDULE G TO DECLARATION FOR A

STANDARD OR LEASE HOLD CONDOMINIUM CORPORATION)

(UNDER CLAUSES 5 (8) (A) OR (B) OF ONTARIO REGULATION 48/01 OR CLAUSE 8 (1) (B) OR(H) OFTFfE CONDOMINIUMACT, 1998)

Condominium Act, 1998

I certify that:

[Strike out whichever is not applicable:Each building on the property

OR

B"asJ.:1 eai}elmg aft the lails: 1a<sItutl:ni is. Ute pliue)j .

has been constructed in accordance with the reguiations made under the Condominium Act, 1998,with respect to the following matters:

(Check whichever boxes are applicable)

~I

1.

2.

3.

4.

The exterior building envelope, including roofing assembly, exterior wall cladding, doorsand windows, caullring and sealants, is weather resistantifrequired by the constructiondocuments and has been completed in general conformity with the constlUctiondocuments.

Except as otherwise specified in the regulations, floor assemblies are constructed to thesub-floor.

Except as otherwise specified in the regulations, walls and ceilings of the commonelements, excluding interior structural walls and columns in a unit, are completed to thedrywall (including taping and sanding), plaster or other fmal covering.

All underground garages have walls and floor assemblies in place.OR

o There are no underground garages.

5,

6.

7.

8.

9.

10.

o

o

o

All elevating devices as defined in the Elevating Devices Act are licensed under that Actif it requires a license, except for elevating devices contained wholly in a unit anddesigned for use only within the unit.

ORThere are no elevating devices as defined in the Elevating Devices Act, except forelevating devices contained Wholly in a unit and designed for use only within theunit,

All installations with respect to the pr~'JVision of water and sewage services are in place.

All installations with respect to the provision of heat and ventilation are in place and heatand ventilation can be provided.

All installations with respect to the provision ofall' conditioning are in place.OR

There are no installations with respect to the provision of air conditioning.

All installations with respect to the provision of electricity are in place.

All indoor and outdoor swimming pools are roughed in to the extent thatthey are ready to receive finishes, eqnipment and accessories.

ORThere are no indoor or outdoor swimming pools.

11. 181 Except as otherwise specified in the regulations, the boundaries of the units arecompleted to the drywall (not including taping and sanding), plaster or other finalcovering, and perimeter doors are in place.

DATED this~day cf VlM1q ,2012.

/~.~r::ArchitectCore Architects Inc.