The burden of each of the covenants hereinafter set out shall run with each and every lot on Plan 51M-1003; the Purchaser for itself, its successors and assigns covenants with the Vendor, and the owner of North Valley Estates and their successors and assigns, that the Purchaser and the Purchaser's successors in title from time to time of all or any part or parts of the said lands, will observe and comply with the stipulations, restrictions, provisions, and covenants set forth below, namely:
- Owners shall not change or replace any exterior finishes of the dwellings or make any change, addition, modification, or alteration except in the case of any required maintenance, repair, or replacement of any such exterior finishes, but the Owners in doing so shall not use any building materials that are not the same or as close as possible to the as-constructed materials of dwellings with regard to quality, color, shape, size, and texture and without limiting the foregoing, in order to maintain the uniformity of appearance and structural integrity of dwellings, the foregoing shall extend to ensuring that all architectural features of dwellings in the development, including roof shingles, exterior surfaces of doors that provide access to dwellings or garages, exterior door frames, exterior window frames, and all exterior window surfaces utilize consistent materials, features, and finishes. Without limiting the foregoing, any sheds or ancillary structures for storage must match and use the same materials in type and colour as the main house (I.e. same colour shingles, same type and colour of siding, roof pitch, etc.). No shed kits or prebuilt retail sheds shall be allowed. No stone, plastic exterior garden statues, or ornamental fountains shall be allowed on the lot
- No tree located on the subject lands shall be cut down, removed, or destroyed without the prior written consent in writing of the Vendor until such time as all lots h the development have been sold, and thereafter the consent of the Municipality.
- No motor vehicle, including without limitation a boat, snowmobile, camper van, trailer (including trailer with living, sleeping, or eating accommodation), or any other vehicle, other than
an automobile or motorcycle, shall be parked, placed, located, kept, or maintained upon the subject lands or any part thereof unless concealed in a wholly enclosed garage. Without limiting the foregoing, no lettered/ commercial trucks or vehicles shall be parked in the driveway or on the property in open view, but shall be kept only within a fully enclosed garage.
- No repairs to any automobile or to any other vehicle or equipment shall be carried out on the subject lands and no automobile or any other vehicle or equipment that is undergoing repairs of any nature or not capable of operation shall be parked or located upon the subject lands or any part thereof unless concealed in a wholly enclosed garage.
- Any air conditioning system installed on the property must be installed behind the home.
- No metal or other awning or device for the purpose of providing shade may be attached to any dwelling or building.
- No antennae, either television or radio transmitter or receiver, or other communications devices, shall be erected on any building, structure or lot as long as there is a commercial cable service available, except that one satellite dish per lot may be installed provided that the satellite dish
shall not exceed 22" in diameter.
- No clotheslines or similar apparatus for the hanging of clothes shall be installed or used within any lot.
- No perimeter fencing of any kind whatsoever shall be permitted to be used on or within a lot, unless such fencing surrounds a pool and provided that such pool fencing is wrought Iron or glass, being the two allowable options. No wood or chain link fencing whatsoever shall be allowed. Trees and landscaping are the only acceptable screening between properties to be allowed. If owners have a dog, they may use one of two options. I) an invisible electronic underground fence, or ii) a dog run limited in size as prescribed by the Vendor and which must be attached to the garage, and maybe a chain link in his specific situation.
- No owner(s) shall, without the prior written authority of the Municipality (which may be arbitrarily withheld), interfere with or alter any above or below ground drainage, catch basin or stormwater management system or lead, or obstruct the natural flow of water, or obstruct the drainage as
designed and engineered to a lot. No owner shall alter the grading or change the elevation or contour of a lot except in accordance with drainage and grading plans approved by the municipal public works department. No owner shall alter the overall drainage patterns of the lot water drainage upon the lot or to and from adjoining lands, and each owner agrees to grant and shall not refuse to grant such easements as may be required from time to time by the owner of adjoining lands for drainage purposes. No gardens shall be created unless they meet and comply with the size limitations approved by the Vendor, and/or the owner of the North Valley Estates.
- No alteration of the grading or drainage pattern of the Lands or any part thereof shall be made and no construction or installation of any shrubbery, fences, gates, pools, patios, sheds, or similar structures shall be made prior to the final grading approval of the Municipality without the Vendor's consent. The Owner shall not fail to repair minor settlement of the lands or to care for sod, shrubs, and other landscaping, if any, provided by the Vendor, its contractors, and subcontractors, or to replace any of it that dies from time to time.
- Notwithstanding anything contained herein, the Vendor, or the owner of North Valley Estates shall have the right, by an instrument in writing, from time to time to waive, alter or modify the covenants, provisions, and restrictions contained herein with respect to all or any part of the lands hereinbefore described, without notice to, or the consent of any Transferee or owner.
- The owner shall not breach any provision contained in any development agreement as it relates to the subject property, the buildings constructed thereon, or the grading with respect thereto.
- Each of these covenants and restrictions shall be deemed independent and severable in whole or in part and the invalidity or unenforceability of any one covenant or restriction or any portion thereof shall not affect the validity or enforceability of any other covenant or restriction or remaining portion thereof.
- The owner shall keep its property in a neat and tidy manner. The lawn of the property and the municipal boulevard (inclusive of the ditch), is to be kept at a grass height of no longer than three (3) inches in height, and free from weeds, with the exception of a reasonable amount of dandelions being allowed. Any refuse that may be present from the effort of wind, or acts of God shall be removed in a timely and orderly fashion. Should the owner landscape its property, those improvements must be maintained in a reasonable and presentable manner.
- The burden of these covenants and restrictions shall run with all lots and the benefit of these covenants and restrictions may be annexed to and run with the lands of the Vendor or its affiliated or related companies on the date of registration of the restrictions. All owners, their respective successors and assigns, In title, from time to time of lots, shall keep, observe, perform and comply with the stipulations, provisions, and covenants set forth herein. These covenants and restrictions shall expire zo years following the date that they are registered on the title.