FIRST AMENDMENT TO DISCLOSURE STATEMENT REAL ESTATE DEVELOPMENT MARKETING ACT OF BRITISH COLUMBIA DATED: MARCH 7, 2016
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1 FIRST AMENDMENT TO DISCLOSURE STATEMENT REAL ESTATE DEVELOPMENT MARKETING ACT OF BRITISH COLUMBIA DATED: MARCH 7, 2016 This First Amendment to Disclosure Statement relates to the sale of strata lots which will form part of an existing development called: DEVELOPMENT: DEVELOPER: DEVELOPER S ADDRESS SKYRIDGE SKYRIDGE LIMITED PARTNERSHIP c/o West Georgia Street Vancouver, BC V6C 3H4 DEVELOPER S MAILING ADDRESS: PO Box 914 Squamish, BC V8B 0A6 REAL ESTATE BROKERAGE: REAL ESTATE AGENT: MAILING ADDRESS OF AGENT: Sutton Group West Coast Realty Jennifer Sale # Main Street Whistler, BC V0N 1B4 PURCHASE AND SALE AGREEMENT INFORMATION This Disclosure Initial Here statement Initial Here relates to a development property that is not yet completed. Please refer to Section 7.2 of the Disclosure Statement for information on the Purchase Agreement. That information has been drawn to the attention of (Insert Names of Purchaser) who has confirmed that fact by initialling in the space provided here: DISCLAIMER THIS DISCLOSURE STATEMENT HAS BEEN FILED WITH THE SUPERINTENDENT OF REAL ESTATE, BUT NEITHER THE SUPERINTENDENT, NOR ANY OTHER AUTHORITY OF THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA HAS DETERMINED THE MERITS OF ANY STATEMENT CONTAINED IN THE DISCLOSURE STATEMENT, OR WHETHER THE DISCLOSURE STATEMENT CONTAINS A MISREPRESENTATION OR OTHERWISE FAILS TO COMPLY WITH THE REQUIREMENTS OF THE REAL ESTATE DEVELOPMENT MARKETING ACT. IT IS THE RESPONSIBILITY OF THE DEVELOPER TO DISCLOSE PLAINLY ALL MATERIAL FACTS, WITHOUT MISREPRESENTATION. CRE: \SJC _1_4
2 Capitalized words used but not defined in this First Amendment to Disclosure Statement have the meaning ascribed to such words in the original Disclosure Statement dated October 14, 2015 (the Original Disclosure Statement ). The purpose of this First Amendment to Disclosure Statement is to amend the Original Disclosure Statement and to disclose the following: A. the Developer obtaining a satisfactory financing commitment to finance the construction of the Development; and B. to update land title office registration matters as to the state of title; and C. to address certain other consequential amendments. This First Amendment to Disclosure Statement hereby amends the Original Disclosure Statement as follows: 1. By amending section 3.1(g) to delete the first paragraph and replace it with the following: Access to the Development will be from Dowad Drive. Under the Preliminary Layout Approval Report (the PLR ) issued by the District of Squamish approving the subdivision, due to lot grading issues the approving officer is requiring that the Subdivided Lots provided room to turn vehicles around on-site so that cars can exit the lots facing traffic and to prevent vehicles from backing across multiple lanes of traffic. Exhibit F contains typical suggested individual lot turn around dimensions to ensure that vehicles have adequate room to turn around prior to exiting to Dowad Drive. This exhibit must be reviewed by purchasers and their respective consultants and architects as Purchasers are responsible for ensuring that the design and construction of any improvement to be constructed on a Subdivided Lot will be done in accordance with such plans. 2. By amending the last paragraph on page 5 of the Original Disclosure Statement by deleting April 30, 2016 and replacing it with August 31, By amending section 4.4(b) by deleting subsections (iv) and (vi). 4. By amending Exhibit C to delete reference to Mortgage CA and by adding the following: (i) Statutory Right of Way CA in favour of British Columbia Hydro and Power Authority for the provision of utilities and related equipment. (ii) Statutory Right of Way CA in favour of Telus for the provision of telecommunications equipment. (iii) Mortgage and Assignment of Rents CA and CA in favour of Vancouver City Savings Credit Union in connection with the Financing Security which will be paid out and CRE: \SJC _1 _4
3 discharged by the Developer using net sale proceeds on a case by case basis as purchasers complete on the purchase of their respective lot. (iv) Covenant CA in favour of the District of Squamish which is a Subdivision Servicing Agreement in connection with the servicing works to be completed by the Developer and related priority agreement CA (v) Statutory Right of Way CA in favour of Shaw Communications in connection with the installation of telecommunications equipment. 5. By amending section 4.6 to delete the third paragraph and replace it with the following: The Developer has obtained a report from Murray Johnson Engineering Ltd. dated November 25, 2015, a copy of which is attached hereto as Exhibit F (the Fire Flow Report ) regarding certain fire flow calculations for the Lots. Given the topography and location of the Lots in order to meet fire flow and water pressure requirements, depending on the size of the house to be constructed on the respective Lots the current water pressure systems may not be sufficient and sprinklers may be required to be installed in the homes to be constructed on the Lots, the costs of which will be borne by the respective purchasers, if necessary. Purchasers should review the requirement as set out in the Fire Flow Report and review such terms with their architects and builders to ensure compliance with intended building plans but should be aware that any homes to be constructed on a Lot where the gross building floor area is greater than 2,000 square feet will require the installation of a sprinkler system in order to comply with the water distribution system requirements of the District of Squamish Subdivision and Development Control Bylaw. The Developer intends to construct and install a booster pump station which upon completion of construction will result in the additional water pressure being provided and therefore the requirement for sprinkler installation will be alleviated; however the booster pump station is not expected to be completed until approximately December 31, 2017 so until such time all house designs must comply with the requirements of the Fire Flow Report. 6. By amending Section 5.1 in the sixth paragraph to delete the dates February 1, 2016 and April 30, 2016 and replacing them with June 30, 2016 to August 31, By deleting all references to Real Estate Development Marketing Act (British Columbia) Policy Statement 6 as the Developer has obtained a satisfactory financing commitment for the Development. 8. Since the date of the Original Disclosure Statement, the Developer has been obtained a satisfactory financing commitment for the Development and accordingly, Section 6.2 is deleted in its entirety and replaced with the following: 6.2 Construction Financing (a) The Developer has obtained a satisfactory financing commitment from Vancouver City Savings Credit Union (the Lender ) to finance creation and servicing of the Subdivided Lots (the Servicing Financing ). Pursuant to this financing, partial discharges of the CRE: \SJC _1 _4 2
4 security interest in each Subdivided Lot will be provided upon payment to the Lender of all or an agreed upon portion of the net sale proceeds from the sale of such Subdivided Lot. (b) (c) Title to the Land and, once created, the Subdivided Lots will be subject to a mortgage, assignment of rents, and any other security required by the Lender with respect to the Servicing Financing (the Financing Security ). Upon the completion of the purchase and sale of any particular Subdivided Lot, the Developer will cause the Lender to provide a partial discharge of the Financing Security in respect of the Subdivided Lot within a reasonable period of time after the completion and sale thereof. The Financing Security may remain as a charge against the unsold Subdivided Lots until such time as all sums secured by the Servicing Financing have been paid in full. All costs that are the responsibility of the Developer will be paid for in full from the resources of the Developer and the proceeds of the Servicing Financing. There are no further expenditures in connection with construction, utilities, or other services in this Development other than those specifically referred to in this Disclosure Statement. 9. By deleting the second paragraph in section 7.2(b) as the Developer s termination rights disclosed in that section have been deleted from the form of Offer to Purchase and Agreement of Purchase and Sale attached as Exhibit D hereto. 10. By deleting Exhibit D Offer to Purchase and Agreement of Purchase and Sale and replacing it with Exhibit D Offer to Purchase and Agreement of Purchase and Sale attached hereto. 11. By adding Exhibit F and Exhibit G attached hereto. CRE: \SJC _1 _4 3
5 DEEMED RELIANCE Section 22 of the Real Estate Development Marketing Act (British Columbia) provides that every purchaser who is entitled to receive this Disclosure Statement is deemed to have relied on any false or misleading statement of a material fact contained in this Disclosure Statement, if any, and any omission to state a material fact. The Developer, its directors and any person who has signed or authorized the filing of this Disclosure Statement are liable to compensate the purchaser for any misrepresentation, subject to any defences available under Section 22 of the Act. CRE: \SJC _1 _4 4
6 DECLARATION The foregoing statements disclose, without misrepresentation, all material facts relating to the Development referred to above as required by the Real Estate Development Marketing Act of British Columbia as of March SKYRDIGE LIMITED PARTNERSHIP by its general partner: SKYRIDGE DEVELOPMENT CORP. By: Jason Wood, President The directors of Skyridge Development Corp. Jason Wood Mark Atmore CRE: \SJC _1_4 5
7 EXHIBIT D OFFER TO PURCHASE AND AGREEMENT OF PURCHASE AND SALE See Attached. CRE: \SJC _1_4 6
8 EXHBIIT F FIRE FLOW REPORT CRE: \SJC _1_4 7
9 EXHIBIT G LOT DRIVEWAY DIMENSIONS CRE: \SJC _1_4 8
10 SOLICITOR S CERTIFICATE CANADA ) In the matter of the Real Estate Development PROVINCE OF BRITISH ) Marketing Act (British Columbia) and the Disclosure COLUMBIA ) Statement of: SKYRIDGE LIMITED PARTNERSHIP for the Land legally described as: PID: Lot 24 Section 14 Township 50 New Westminster District Plan BCP25251 Except Plans BCP38848 and EPP26992; I, Erin K. Tait, Solicitor, member of the Law Society of British Columbia, having read the above described First Amendment to Disclosure Statement dated March 7, 2016 and having made any required investigations in public offices, and having reviewed the same with the Developer therein named, hereby certify that the facts contained in Sections 4.3 and 4.4 of the First Amendment to Disclosure Statement are correct. DATED at the City of Vancouver, in the Province of British Columbia, this day of March, ERIN K. TAIT CRE: \SJC _1_4 9
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