1.1 Erection of Building - no building, structure or any addition thereto shall be erected on the said lands unless written approval has been received from the Grantor or the Grantor’s authorized agent.

1.2 Site Development Plan - the grantee undertakes to develop the lot in a manner consistent with the approved Site Development Plan and to construct upon the lot, the commercial building as depicted on the approved Site Development Plan and Building Drawings.

1.3 Use of Land, Buildings or Structures - no lands, buildings or structures shall be used for any purposes other than manufacture, fabricating, processing, offices, distribution, transportation, repair, assembly, or storage of any products, except that of any ancillary services, offices and caretaker’s quarters or other as set out under the specific zone criteria shall be permitted, unless written approval has been received from the Grantor or the Grantor’s authorized agent.

1.4 Preparation of Designs - All plans and specifications submitted for approval must be prepared by a registered Architect or engineer, and shall bear the appropriate professional stamp.

1.5 Criteria for Approval - Approval of plans and specifications shall be based on considerations such as operations and uses, adequacy of the site plan, adequacy of structural design, harmony of external building and landscaping design with neighbouring sites, effect of location and use of building on neighbouring sites; relation of topography, grade and finished ground elevation of the site to that of neighbouring sites, and conformity of the plans and specifications generally to the advancement of a quality Industrial Park.

1.6 Application for Approval - Application to the Grantor for approval shall include, but not necessarily be limited to, the following:

• a) Site Plan and Specifications - Including the dimensions and area of the land, the existing and proposed contours of the land, the location of buildings and structures (including distances from front, side and rear lot lines), the location of driveways, parking and loading areas, the location of a central refuse collection area, rail spur lines, utilities, sodded areas, trees, shrubbery and gardens, fences, signs, exterior lighting, all proposed operations on or uses of the land, buildings and structures, and staging of development.

• b) Building Drawings and Specifications - indicating floor plans, all area calculations, all elevations, description of exterior materials, finishes and colours, elevation drawings from the street view, all operations and uses and staging of development. The word building or structure shall include, but without limiting the generality of the foregoing, any water tower, smoke stack, power transformer, pump house, roof structures, air conditioning unit tank, underground facilities and services or any building or structure.

• c) Site Development and Building Construction Permit Application and Approval Process - Once a Site Development Plan and Building Plan have been approved by the Grantor for a building site in Caledonia Industrial Estates or the Moncton Industrial Park, the Purchaser is required to make application for and be granted a Building Permit prior to the commencement of construction. As part of that application process, Building Inspection also obtains the approval of the Greater Moncton Planning District Commission.

2.1 The Grantee will not resell the unimproved lands or any part thereof to any person, firm or corporation without first offering to sell the said lands back to the Grantor at the original purchase price.

2.2 The Grantee covenants and agrees to start the erection of an industrial building on the said lands within one year of the date of closing and to complete such building within one year of the date of the start of construction. If such building is not started and completed within such times, the Grantor may at its option repurchase the said lands at the original selling price less the original 10% non-refundable deposit and without interest.

2.3 At the expiration of five (5) years from the date of transfer to the Grantee, the Grantor may require the Grantee to resell to the Grantor all or any portion of the excess lands not covered by buildings, structures, driveways, and parking and loading areas at the price at which the lands have been sold by the Grantor to the Grantee. Excess lands are deemed to be lands in excess of five times the gross area of permanent building, in accordance with the example shown on the illustrative sketch (figure 1).

2.4 Upon payment by the Grantor of the balance of the price due upon such repurchase of the lands, the Grantee will release and reconvey to the Grantor all right, title and interest of the Grantee free and clear of all liens, charges or other encumbrances.

The lands or any part thereof, any building or structure erected or placed thereon, shall not be used for any purpose and in any manner which shall be a nuisance to the occupants or owners of any neighbouring lands or buildings by reason of emissions from the lands, building, or structures such as odours, gases, dust, smoke, noise, fumes, cinders, soot, waste, radiation or vibration, or be contrary to city, regional, provincial or federal legislation controlling pollution.

4.1 Evaluation of the appearance of a building or structure by the Grantor shall be based on quality of design and relationship to surroundings.

4.2 Buildings constructed in Caledonia Industrial Estates shall conform to the following construction practices:

Exterior walls shall be finished with one or more of the following: (a) architectural masonry units (excluding concrete block and cinder block); (b) natural stone; (c) precast concrete (with prior written approval by Moncton Industrial Development); (d) metal wall panels, glass wall panels, or a combination thereof, provided Moncton Industrial Development has given its prior written approval to the exact material, use, color, and configuration of those wall panels; (e) glass materials; or (f) their equivalent as approved by Moncton Industrial Development.

For buildings clad with steel panelling, the front exposed to the street, or streets as in the case of a corner lot, must be further “dressed” with an application of finish brick or other such masonry or be treated in some such architectural manner as to provide covering of no less than 20% of said front. For buildings in excess of 50,000 sq.ft., covering should be 15% of the front exposed to the street. In the case of a corner lot, such covering should be 10% for the side exposed to the secondary street. Any and all such architectural treatment must be approved by Moncton Industrial Development.

4.3 All buildings or structures erected on the lands and all undeveloped portions of the site shall be maintained in good order and repair at all times.

5.1 No building or structure shall be erected unless the landscaping plan for the entire site upon which the building or structure is to be erected (excluding those portions covered by building, structures, parking areas, loading areas, and driveways), has been approved by the Grantor or the Grantor’s authorized agent. The site development plan may be utilized for this purpose.

5.2 Those portions of the site between buildings and front and side lot lines which are not covered by buildings, structures, parking areas, loading areas or driveways will be sodded and landscaped. All landscaping shall be commenced as soon as construction is completed and weather permits but in no event beyond one (1) year from the substantial completion of the building or structure. 5.3 Not less than fifteen percent (15%) of the total area of the site shall be landscaped or as otherwise stipulated by the specific municipal zone. Any existing natural tree growth may be retained and considered part of the required landscaping area.

5.4 Sodded areas, trees, shrubbery and gardens shall be kept neat and orderly in appearance at all times and shall be maintained in a healthy condition.

5.5 Comprehensive Site Landscaping - The Site Development Plan showing completed landscaping details must be submitted to Moncton Industrial Development at the same time as the building plans. Landscaping shall include all areas of any street right of way immediately abutting the property and shall include all areas of the site which are not covered by buildings, paving or gravelled areas at the rear of the building(s). Specifically, the Purchaser shall landscape and maintain unpaved areas between the edge of the street pavement (curb) and the street/site property line and between the site property lines and the building. The area between the edge of street pavement (curb) and the property line shall be used exclusively for landscaping.

5.6 Landscaping Standards - Separation of Landscaping from Driveways, Parking Areas, and Storage Areas: Driveways, parking areas, storage areas, and loading and unloading areas shall be separated from landscaped areas by continuous concrete or asphalt curbing

5.7 Completion of Landscaping and Site Improvements - The purchaser must agree by means of the Site Development Agreement to complete all landscaping, fencing, curbing, and asphalting as identified and agreed to under the approved site development plan.

5.8 Time Frame for Installation of Landscaping - All such landscaping, fencing and asphalting is to be completed according to the site plan within 12 months of the substantial completion of the building. The prospective purchaser acknowledges the right of Moncton Industrial Development to take action in the Court of Queen's Bench of New Brunswick for an order to the Purchaser to complete the aforesaid work.

5.9 Landscaping Maintenance Requirements - The Purchaser of any site shall at all times keep the landscaping in good order and condition. Each purchaser shall maintain the landscaping and trees bordering the street and located on its site. Maintenance shall include, but is not limited to, fertilizing, pruning, mowing and other programs.

6.1 Fences shall not be erected by the Grantee without the written approval of the Grantor of the Grantor’s authorized agent of the location, design and material.

6.2 Fences shall at all times be kept in a proper state of repair.

Partially finished or finished products, equipment, parts or other materials shall not be kept, stored or left on the lands, unless the location and size of the storage area shall have first been approved in writing by the Grantor of the Grantor’s authorized agent. The site development plan may be utilized for this purpose.

A central refuse storage collection area shall be provided and maintained. The refuse storage area shall be at the same level as adjacent parking areas and driveways and shall be suitably screened with growing trees, hedges, fences, walls or a combination thereof consistent with the approved Site Development Plan. The location, size and screening of the refuse storage area shall be approved in writing by the Grantor or the Grantor’s authorized agent. The site development plan may be utilized for this purpose.

9.1 For every building or structure erected on the lands, there shall be provided and maintained accessible off-street loading facilities consisting of one or more loading spaces at least fifty feet (15.2 metres) long and fifteen feet (4.6 metres) wide, exclusive of driveway or access area, and having a vertical clearance of at least ten feet (3 metres).

9.2 All driveways, parking areas, and loading areas shall be paved with asphaltic or Portland Cement concrete by the Grantee within one (1) year of the substantial completion of the building or structure.

9.3 All driveways, parking and loading areas shall at all times be kept in a proper state of repair.

10.1 No signs, billboards, notices or other advertising material of any kind shall be placed on any part of the land, or on any building or structure, or on any fence or tree on the land without the approval in writing of the Grantor of the Grantor’s authorized agent. The site development plan may be utilized for this purpose.

10.2 Not more than one (1) ground-mounted sign and two (2) combined ground-mounted and directory sign, or one (1) building-mounted sign shall be permitted for any building or structure.

10.3 Signs for the direction of traffic and the location of parking or loading areas shall be permitted.

10.4 A building-mounted sign shall not extend above the eaves or cornice at that part of the wall of the building or structure to which the sign is affixed provided that no sign shall be affixed to any water tower, smoke stack, power transformer, pump house, roof structures, air conditioning unit, tank or any addition to any building or structure.

10.5 Signs illuminated by flashing or blinking lights will not be approved.

No temporary buildings or other improvements of a temporary nature, including trailers, incomplete buildings, tents, or shacks shall be permitted on sites within the Park. Temporary improvements used solely in connection with the construction of permanent approved improvements and buildings may be permitted provided they are located as inconspicuously as possible and removed immediately after completion of such construction.

Power shall be provided from the lot line to any building or structure erected on the lands, and shall be maintained in good order and repair at all times. The location and nature of power, i.e. overhead, underground, front lot or back lot may vary from street to street.

A. Additional Terms and Conditions For all lots on MacNaughton Ave. alongside the Trans Canada Highway, the following applies: all buildings require some architectural treatment, as specified under Architecture in this document, on both the Trans Canada side of the building and the MacNaughton Ave. side of the building. In addition to the MacNaughton Ave. frontage, landscaping is required along the Trans Canada Highway portion, including the provision of berms, trees and/or shrubs. Loading doors must be on either the east or west side of the building i.e. not facing either road. Transport areas and any outside storage must be on the east or west sides and must be suitably screened. All parking , driveway, loading areas and transport areas must be paved. All yards must use filter fabric and proper drainage.

B. Additional General Park Terms

1. All sales to be final must include the signing of a Site Development Agreement in addition to the Agreement of Purchase and Sale and the park Covenants. Said Site Development Agreement is required and executed at the time of closing. Attached to the Site Development Agreement and as part of that agreement must be a copy of the Site Development Plan and the Building Drawings as approved by Moncton Industrial Development. Any questions in regard to any of the agreements or site plans and drawings should be directed to the General Manager at Moncton Industrial Development.

2. Moncton Industrial Development operates under a Forest Management Plan for its industrial parks. As such, Moncton Industrial Development:

• retains the right for harvesting wood within the parameters of our Forest Management Plan on all lots while they are under option;
• retains the rights for a period of one year following the conveyance of a lot for harvesting wood within the parameters of our Forest Management Plan; MID's right to harvest wood may be terminated prior to the expiration of one year if the purchaser proceeds to develop the lot;
• retains the rights for harvesting the wood on the designated area of a lot that is to be cleared for development, the dimensions of such area to be provided by the company.

C. Moncton Industrial Park West

The Covenants and Guidelines for this new park are different from the above. Refer to the download document MIP West Covenants & Guidelines