Protective Covenants

The Purchaser covenants and agrees with the Vendor to observe and comply with the following restrictions made in pursuance of a building scheme established by the Vendor. The burden of these restrictions shall run with the lands described in Schedule ‘A’ attached hereto (hereinafter referred to as the “lands”) forever and the benefit of these restrictions shall run with each of the lots and with each part of the land now owned by the Vendor. These restrictions shall be binding upon and enure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.

1. No building other than a single family dwelling shall be constructed on the lands.

2. Prior to any site work (excavation and filling) or the construction of any dwelling on the lands, approval of the proposed building plans must be obtained in writing from the Vendor.

3. The Purchaser shall submit a surveyor’s certificate to the Vendor at the following stages of construction:

I. Subsequent to the completion of the footings for the dwelling house on the lands showing the location and elevation of the footings; and

II. Subsequent to the completion of the footings for the dwelling house on the lands showing the location and elevation of the footings; and

III. Subsequent to the completion of the exterior grading, and prior to landscaping showing the elevation of lands at a minimum of 10 locations along the side and rear boundaries of the lands.

Construction of the dwelling house shall not proceed to the next stage until the Purchaser has received confirmation of approval from the Vendor for each stage of construction noted above. In the event the Purchaser does not submit a surveyor’s certificate at the required time the Vendor or its representatives may enter the lands to complete the work and the Purchaser agrees to pay for all costs associated therein.

4. The plans submitted to the Vendor for approval shall include, but are not necessarily limited to, a site plan, floor plans, exterior elevations, exterior finish(es) materials, and a color schedule.

5. The following minimum square footages of finished living area (does not include finished or unfinished basement areas) shall be enforced for all single family dwellings:

Phases 1 & 2
• Two Story c/w attached garage – 1700sf
• One Story bungalow – 1550sf
• One and a Half Story (main floor) – 1440sf
• Two Story c/w no garage or detached
   garage – 1900sf

Phases 3 &4
• Two Story c/w attached garage – 1900sf
• One Story bungalow – 1750sf
• One and a Half Story ( main floor) – 1640sf
• Two Story c/w no garage or detached
   garage – 2100sf

6. Minimum roof pitch is 6/12. Exceptions to this angle of pitch will only be given when design constraints do not permit the minimum pitch to be achieved.

7. Minimum set back of the dwelling from the road is eighty (80) feet. Maximum set back is One Hundred Ten (110) feet. Exceptions to these set backs will only be given when well and septic locations dictate otherwise.

8. At least 30% of the front exterior of every building shall be constructed of material other than vinyl siding (ie. brick, stone, decorative moulding, cedar shakes, wood siding, etc.) , unless otherwise agreed in writing by the Vendor.

9. All chimneys shall be constructed of brick or stone exteriors and approved flue liners. Metal or prefab chimneys will only be permitted if enclosed as approved by the Vendor.

10. The dwelling and associated landscaping shall be completed within one year from the date of commencement of construction. If the driveway is not covered in hard surface (asphalt, concrete, etc.) then a minimum of three inches of Class A gravel is to be maintained as the driveway finish.

11. No fuel tank or wood storage shall be located in the front of any dwelling on the lands. All propane tanks and oil tanks shall be screened in accordance with a standard detail provided by the Vendor and shall be installed at a location approved by the Vendor.

12. No alteration, addition or change to the structure or exterior appearance including color shall be made except with the express written approval of the Vendor.

13. No outbuilding, garage, wall, fence (including hedges), clothes lines or drying yards,
gate, post, exterior aerial, antenna, satellite disk, solar panel or other structure shall be commenced, constructed or maintained on the lands until the plans, specifications and site plan have been submitted to the Vendor and its express approval obtained in writing. The Vendor may in its absolute discretion refuse to approve any such plans or proposals, which, in its opinion, are unsuitable or undesirable in relation to the character of the surrounding area.

14. No living tree larger than 4” in diameter, measured one foot from the ground, shall be cut down, destroyed or removed from the lot other than those standing within ten (10) feet of the area to be excavated for the erection of the dwelling thereon or within the area of the driveway, septic tank or disposal field, without the written consent of the Vendor or its successors, which shall not be unreasonably withheld.

15. No signs, billboards, placards, notices or other advertising or informational matter of any kind (except signs of the same size and type ordinarily employed by real estate agents offering the lands for sale or rent) shall be placed on the said lands without the express written approval of the Vendor.

16. No power vents or exhaust vents shall be located on the elevations of the dwelling fronting any street.

17. The lands, including the buildings erected thereon, shall not at any time be used for the purpose of any profession, trade or business whatsoever nor as any pre-school, kindergarten, school, daycare center, church, hospital, hostel or other institution, nor as a hotel, apartment house, duplex, boarding or lodging house or place of public resort or for any sport or game (other than such sports and games as are usually played in connection with the occupation of a private residence). The Purchaser shall not do or permit to be done on the lands anything that may be a nuisance to the occupants of any adjacent or neighboring properties.

18. No animals other than household pets normally kept in private homes in residential areas shall be kept upon the lands. No breeding of pets shall be carried out upon the lands.

19. No major repairs to any motor vehicle, boat, or trailer shall be done on the lands except within a wholly enclosed garage.

20. No boat, motor vehicle, or trailer with living, sleeping or eating accommodations shall be placed, located, kept or maintained on the lands except upon the driveway of the lands between the front and rear lines of the dwelling located on the lands.

21. No incineration or other refuse burning device shall be erected or maintained upon the property without the express written approval of the Vendor. No refuse or wastepile shall be maintained on the lands.

22. The lands shall not be re-subdivided or re-zoned at any time without the express written approval of the Vendor.

23. The Purchaser agrees and acknowledges that the lands are subject to existing public utility and municipal easements.

24. Notwithstanding anything herein contained, the Vendor may waive, alter, or modify the above covenants in their application to any lot or parcel of land comprising Spider Lake Country Estates without notice to the owners of any other lot or parcels of land in Spider Lake Country Estates.

25. Notwithstanding anything herein contained, the Vendor may assign all or any part of its rights which arise under these restrictions.

26. The restrictions herein are severable and the invalidity or unenforceability of any restrictions shall not affect the validity or enforceability of any other restriction. These covenants shall run with the lands and be in force for a period of fifty (50) years from the date of final approval for the subdivision or the date that Phase I of the subdivision has been completely sold, whichever is sooner. Thereafter any changes to the covenants require that two thirds (2/3rds) of the residents support such change. In the event that enforcement of these covenants is required, the party in default of the covenants is responsible to the Vendor for all claims, damages, costs or expenses resulting therefrom including legal fees on a solicitor-client basis.

© 2013 Nickkels Contracting

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