Restrictive Covenants (Schedule E)

SCHEDULE E

RESTRICTIVE COVENANTS

 

Section 1

All of the lands and premises comprising the Arbour Brook Pointe Townhouse Building Scheme (excepting the Trustee Lands) from time to time shall be used for owner-occupied single family residential purposes only. No building or structure shall be erected, altered, placed or permitted to remain on any Building Lot other than the Unit constructed thereon the Developer. No part of the dwelling may be used for any trade, manufacture, business, profession, commercial sport or amusement, school, hospital, charitable institute, hotel, apartment house, multiple family dwelling, rental unit, boarding house, lodging house or public resort, or for any other purpose which is inconsistent with the Building Scheme of which the lands hereby conveyed comprise a part. Except for those related to real estate sales and construction, no sign, advertisement or message shall be displayed or published which offers or implies commercial or professional services, or which might constitute any other kind of business solicitation in, or from, any residence or residential property. Notwithstanding the foregoing, during the construction and/or sales period, real estate sales and construction offices, displays, signs and special lighting may be erected, maintained and operated on any part of the property owned by Berlin Development Ltd. and on or in any building or structure now or hereafter erected thereon.

Section 2

No clothing, laundry or wash shall be aired or dried on any portion of the lands or buildings in any area and no additions or attachments (including, without limiting the generality of the foregoing, any aerial, antennae, satellite dishes, clothes lines, flag poles or equivalent apparatus) shall be permitted.

Section 3

No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic or to hinder or obstruct the use of the Trustee Lands.

Section 4

No noxious or offensive activity shall be carried on upon any lands or buildings, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Property Owners shall, at all times, maintain their property and all appurtenances thereto in good repair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open lot areas shall be maintained in lawns.

Section 5

No sign of any kind shall be displayed to the public view on any lands or buildings, except temporary real estate signs advertising the property for sale and except for temporary signs erected by the Developer in connection with the development, construction, or sale of homes.

Section 6

No animals or pets shall be kept or maintained on the property. Notwithstanding the foregoing, an limited exception may be granted by the Developer or the Trustee for one (1) family pet, a either a small dog (no more than 5 lbs) or a domestic indoor cat if such animal was a family pet before the Owner entered into an agreement to acquire the Unit and provided the animal does not cause any disturbance to the other Owners in the Building Scheme but no replacement animal may be brought onto the premises after the death of the pet for which this limited exemption was granted and under no circumstances shall there be any outside pet house, kennel or run and further provided that no animal shall be left unattended outdoors. In the event that the Developer or the Trustee has granted a exception to the general no-pet rule in these limited circumstances, such exception may be revoked if any of the other Owners object to the presence of the said pet.

Section 7

Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials or trash of any other kind shall be permitted on any building lot or on any Trustee Lands.

Section 8

Each owner of a building lot shall from time to time and at all times, at his own cost and expense, keep and maintain the dwelling constructed thereon in good, habitable and presentable condition, in sufficient and proper repair of a quality comparative to its present form, and shall not allow such dwelling to deteriorate in any measure, and shall not allow any rebuilding, replacing or repairing thereof, of any part thereof, except in a workmanlike manner of the same size and of the same or similar components, parts (including, without limiting the foregoing, exterior windows, doors, decks and steps) and materials and of like quality, so as to harmonize with the Building Scheme, and shall not cause or permit to be attached to or erected upon the exterior of the said dwelling or upon the lands hereby conveyed any additions or attachments (including, without limiting the foregoing, any aerial, antennae, clothesline or equivalent apparatus) and shall not use me proceeds of any insurance from any fire loss for any purpose other than rebuilding or repairing in accordance with this covenant.

Section 9

No structure or addition to be a structure shall be erected placed or altered on any lot. Structure shall be defined to include any building or portion thereof, swimming pool, tennis court, fence, or appurtenances to any of the aforementioned. No temporary building shall be maintained on any lot.

Section 10

No junk vehicle, house trailer, or commercial vehicles, such as, but not limited to, moving vans, trucks, tractors, trailers, wreckers, hearses, compressors, concrete mixers or buses, shall be kept on any building lot. No storage of boats, boating equipment, travel trailers, camping equipment, or recreational vehicles shall be permitted.

Section 11

The Trustee shall have the light to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by these restrictive covenants. Failure by the Trustee or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 12

No owner of a Unit shall at any time bring any action or proceeding of any nature or kind for the partition of the Trustee Lands.

Section 13

Except for such portions thereof as may from time to time be laid out and reserved as and for streets, pedestrian walkways, driveways and parking spaces, and subject to the public utility easements, the Trustee Lands shall be reserved as and for the purpose of a green or park area.

Except for such portions thereof as may from time to time be laid out and reserved as and for streets, pedestrian walkways, driveways and parking spaces, and subject to any municipal or public utility easements, the Trustee Lands shall be reserved and maintained for the common benefit and enjoyment of the individual Unit Owners, and each of them, and their respective heirs and assigns, and in keeping with such purpose no one or any of the individual Owners, nor their respective heirs and assigns, shall use the Trustee Lands or any part thereof, in any manner whatever, for the erection, placing or maintenance (other than such maintenance of any fences from time to time erected on the Trustee Lands as may be specified to be the responsibility of any of the individual Owners) of clotheslines, incinerators or garbage disposal equipment, television or radio antennae, satellite receiving dishes, utility outbuildings, sand boxes, recreation or athletic equipment, fences, barriers or obstructions of any kind, hedges, gardens or other vegetation, nor for the disposal of rubbish, garbage or waste, nor for any other purpose not specifically permitted under or consistent with the terms, covenants, restrictions, conditions and stipulations of the Building Scheme as established and set out herein, in the agreement of purchase and sale between the transferor and the transferee and in the transfer between the Developer and the Trustee.

Except for such portions thereof as may from time to time be laid out and reserved for driveways and parking spaces, each and every of the individual Owners of Units from time to time, and their respective heirs and assigns, and their respective servants, agents and guests, shall have, in common with each and every of the other individual Owners from time to time, and their respective heirs and assigns, the right of access, ingress, egress and regress over, across and upon the Trustee Lands, provided that such right shall be subject to all municipal or public utility easements, to any interference caused by such fences as may be from time to time designated, reserved or erected on the Trustee Lands pursuant to the Building Scheme and shall further be subject to the express terms, covenants, restrictions, conditions and stipulations set out herein, in the agreement of purchase and sale between the transferor and the transferee or in the transfer between the Developer and the Trustee.

Each and every of the individual Owners of a Unit, and their respective heirs and assigns, and their respective servants, agents and guests shall have a right-of-way, in common with each and every other of the individual Owners, and their respective heirs and assigns, and their respective servants, agents and guests, with full right of access, ingress, egress and regress, over, across and upon all streets and pedestrian walkways from time to time designated and laid out over or upon the Trustee Lands, provided, however, that such common right- of-way shall be subject to all municipal and public utility easements and shall not extend to or affect any pedestrian wall(way which provides or is intended to provide access solely to anyone only of the Building Lots.

No Owner of a Unit shall interfere with or hinder the maintenance, preservation and servicing of the Trustee Lands which have been established for the common benefit and enjoyment of himself and other Owners of Building Lots in Arbour Brook Pointe Townhouse development and, in consideration of the benefit and enjoyment of the Trustee Lands, shall pay to the Trustee, upon receiving notice from the said Trustee, of the amount payable from time to time, a sum of money in Canadian funds equivalent to his proportionate pro rata share, based on the total number of Units existing from time to time within or in conjunction with the Building Scheme of the costs, charges and expenses (whether actual and/r estimated and/or averaged) from time to time of arranging for and providing the Services as particularly set out, defined and provided for in a certain transfer made by and between the Developer and the Trustee.

Section 14

Each Owner of a Unit shall at all reasonable times from time to time permit the Trustee, its servants and agents, to draw and use a reasonable supply of water from any water faucet located on the outside of the said Unit, but only as maybe reasonably required by the Trustee for the purpose of maintaining those lawns on the portion of the Trustee Lands which are located in the reasonable vicinity of the Unit.

Section 15

Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Each and every of the individual Owners, and their respective heirs and assigns, who from time to time shall grant, sell, convey, lease or otherwise divest himself of any interest in any of the lands and premises hereby conveyed, shall be deemed to have included in the instrument of transfer, whether or not any, or any special words are used, each and every of the terms, covenants, restrictions, conditions and stipulations herein set out.

The within covenants and restrictions shall run with the lands hereby conveyed, and each and every part thereof, for the benefit of the lands which now or may hereafter comprise part of the Building Scheme of which the lands hereby conveyed form a part, and each and every part thereof, and are accepted by the transferee and shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns.

Whenever the context or exigencies so require, words herein importing the singular number shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and vice versa, and words importing persons shall include corporations, and vice versa, and their respective heirs, executors, administrators, successors and assigns.

This Transfer is made by the transferor and accepted by the transferee subject to the within terms, covenants, restrictions, conditions and stipulations, which shall run with and be binding upon the lands and premises conveyed herein, and every part thereof, for the benefit of the Lands and each and every part thereof, and shall enure to the benefit of and be binding upon the transferor and the transferee, and their respective heirs, administrators, successors and assigns.