10.5 Construction Washrooms

Owners should ensure that their contractors arrange suitable toilet facilities. An on site porta-potty (chemical toilet) is required on each site.

10.6 Excavation Material

Excavation material must be stored off site or within the lot boundary taking care to preserve vegetations shown in the landscape plan. Excess excavation material may be dumped at a site designated by the Developer assuming a suitable site is available. If no such site is available then the Owner must make suitable arrangements to dump material outside the Canyon Ridge area in a legal and environmentally friendly manner.

11. Default

In the event the Owner is in default of any of the terms and conditions contained in these Design Guidelines, the Developer may (but is not obligated to) perform or cause to be performed each and every obligation of the Owner in relation thereto. All expenses and costs relating from the Owners breach shall be due and owing to the Developer forthwith and shall bear interest at 15% per annum until paid. In the event that the Developer incurs costs or expenses to perform the obligations of the Owner as set out in these guidelines, the Developer shall be a lien holder and shall be entitled to register a Claim of Builder's lien against the Lot for all such costs, charges, expenses, and claims, and the Developer shall have all rights of a lien holder in and to the Lot, including the power to sell the Lot to satisfy the claim of lien. In such event the Owner shall be deemed to have waived all defenses to the claim of lien, including any defense based on any doctrine of contract law.

12. Future Development

All other development within the Canyon Ridge community will follow similar design guidelines to maintain the integrity and overall appearance of the entire area. It is understood, however, that commercial development is often required to be unique and the Developer reserves the right to review each proposed project individually on its own merits based on the pre-defined design philosophy. The Developer reserves the right to amend these guidelines for subsequent Phases at Canyon Ridge in order to maintain interest and variety while upholding the original design objectives and philosophy.

13. Developer has final Discretion to approve designs.

The Developer will act fairly and reasonably in approving designs and where possible designs will be approved in a timely fashion. The Developer has sole final discretion in approving designs assuming the Owner will obtain all other necessary municipal and other applicable permits. The Owner has no recourse and agrees to hold the Developer harmless should the Developer fail to approve a submitted design.

Nothing contained in these guidelines imposes any liability on the Developer in the event that any party, including any owner or contractor, breaches or fails to conform with the provisions set out in these guidelines, and there is no obligation on the Developer to take any action or institute any proceeding to enforce the terms of these guidelines at any time. The Developer shall not be responsible for any loss or damage suffered by any Owner in the event that any party breaches or fails to conform to these guidelines. In the event that any Owner names the Developer as a party in any action or proceeding, or puts the Developer to any cost, charge or expense relating to the enforcement of these guidelines, the Owner will indemnify and hold harmless the Developer against all such costs, charges and expenses and will repay the same to the Developer forthwith on demand.

The Developer or his representatives, are authorized to enter onto the Lot at any time to review and inspect the Lot and any improvement thereon to ensure compliance with these guidelines, and the Owner waives any remedy against the Developer for such entry, whether in trespass or otherwise, and will release and hold harmless the Developer from and against any claims or demands which may be made against the Developer as a result of any such entry.