Covenants and Restricitons

PROTECTIVE DEED COVENANTS AND RESTRICTIONS
WINTER RIVER WOODS SUBDIVISION
PLEASANT GROVE, QUEEN’S COUNTY
PRINCE EDWARD ISLAND, CANADA

SCHEDULE “B”

The Grantee or Grantees, as applicable, (herein called the “Grantee”) covenants and agrees with Marlin Property Development Inc. (herein called the “Developer”) to observe and comply with the following restrictions and agreements (herein called the “Covenants”) made in pursuance of the building scheme established by the Developer. The burden of these Covenants shall run with the Lands hereby conveyed, being the Lands described in Schedule “A” annexed hereto (herein called the “Lands”) forever, and the benefit of these Covenants shall run with each of the lots in the Winter River Woods subdivision in Pleasant Grove, Queens County, Province of Prince Edward Island. These Covenants shall be binding upon and inure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.

In these covenants, the following definitions shall apply:

“Lands” shall mean the Lands purchased by the Grantee from the Grantor as described in Schedule “A;”

“Grantor” shall mean Marlin Property Development Inc. or their assign(s);

“Grantee” shall mean the original purchaser from the Grantor and all subsequent successors to the original purchaser’s title and shall include joint or common owners of the Lands.

Upon registration of the Deed of Conveyance attached hereto, the Grantee shall automatically become subject to all the rights, advantages and responsibilities associated with ownership of the said Lands and the terms of these Protective Covenants and Restrictions.

There shall be no occurrence or activity on the Lands which contravenes any applicable Municipal, County, Provincial or Federal regulations or law.

No single family residence shall have any ground floor area less than:

1,150 square feet in the case of a one-storey dwelling;

900 square feet in the case of a dwelling with more than one storey provided that the total habitable floor area of any such dwelling shall not be less than 1,150 square feet.

The measurements for calculation of the areas referred to in the above paragraph shall be taken as the outside measurements of the main walls of each dwelling, excluding attached sunroom, garage, porch or veranda. Habitable floor area does not include an attic, a finished or an unfinished basement.

No single family residence shall occupy the Lands unless it is newly constructed on site or transported to the site upon construction without being first used or occupied at another site. No building designed for more than one family and no more than one detached dwelling shall be erected or stand at any one time.

No building or structure shall be constructed on other than a concrete slab base, four foot frost wall or full basement, with no more than 12 inches of exposed concrete on front wall. Any exposed concrete or cement block on sides and rear walls to be stucco and painted.

The Grantee shall be responsible for all connecting charges for electrical, telephone and cable television.

No driveway on the Lands shall remain un-surfaced for any period beyond nine months from the commencement of the construction of the dwelling. All driveways shall be surfaced by gravel, asphalt, brick or concrete.

No portion of the Lands disturbed by construction shall remain un-Landscaped for a period beyond nine (9) months from the completion of the construction of any structure built upon the Lands.

No excavations shall be made on the Lands except excavation for the purpose of building and for the improvement of the gardens and grounds thereof. No soil, sand or gravel shall be removed from the said Lands except with the prior written consent of the Grantors.

No building, other waste, or any other material of any kind shall be dumped or stored on the Lands, except clean fill for the purpose of leveling in connection with the construction or erection of a single family residence or other permitted structure thereon or the immediate improvement of the grounds.

The Grantees shall be responsible for all damages to the roads, curbs, gutters, culverts and any underground services occasioned during construction or any works carried on by the Grantees on the Lands of the Grantees. The Grantees also agree that in the event that any survey pins are lost or removed during construction or otherwise on the Lands of the Grantees, the Grantees at their expense, shall cause a licensed Surveyor (of the Grantor’s choice) to replace any such survey pins which may have been removed or lost.

The Grantee is responsible for culverts leading to their lot. The Grantee is also responsible for erosion and sedimentation control for their lot to PEI Department of Environment Standard. This will include stabilizing slopes temporarily with straw and permanently with mulch, sod or other approved materials.

The Lands shall not be re-graded in such a manner as will block or impede any water course or swale or cause water to be diverted over or built up upon any adjoining Lands. The dwelling and property are to be maintained in a neat and tidy condition at all times.

No fence, wall or hedge shall be permitted to exceed six feet in height.

No alteration, addition or change to the structure or exterior appearance (including colour) or a dwelling or other structure shall be made, done or permitted to be done except with the express written approval of the Grantor.

No exterior radio aerials or satellite receivers shall be erected or maintained on any part of the said Lands with the exception of receivers that do not exceed eighteen inches in diameter. Any satellite receivers installed shall be placed in a location where it will not interfere with the appearance of the lot. Satellite receivers shall not be located in the front yards.

All boats, motor vehicles, recreational vehicles, trailers or campers with living, sleeping or eating accommodations shall only be placed, located, kept or maintained on the Lands beside or behind the dwelling.

No portion of the Lands shall be used for the parking or storage of commercial vehicles including, but not limited to, school buses, oil trucks, freight trucks, trucks over one ton and any other vehicles of a similar nature. There shall be no unregistered vehicle kept on the Lands except within a wholly enclosed garage.

No major repairs to motor vehicles, boats or trailers shall be carried out on the lot, except in a wholly enclosed garage.

No parking is permitted along any of the rights-of-way within the subdivision.

If metal chimneys are permitted, they will be encased in the same siding as the house or another material as approved by the Grantor.

No incinerator or other refuse burning device shall be erected or maintained upon the Lands. Outside fuel tanks shall not be permitted unless covered in an appropriate fashion, acceptable to the Grantor.

No horses, cattle, sheep, hogs, poultry, other stock of animals or birds, other than household pets normally permitted in private residences shall be kept upon the Lands. No kennels or breeding of pets shall be carried out upon the Lands.

No dogs shall be permitted to run at large, at any time of the year.

There shall be no use of snowmobiles, ATVs, dirt bikes or other off-road motorized vehicles on the walking paths.

The Lands and all structures located thereon shall exclusively be used as a single family residence and for no other purpose whatsoever and specifically shall not be used for any commercial purposes. Nor shall anything be done or permitted upon any of the Lands mentioned herein or in any dwelling or building erected or to be erected thereon which might be a nuisance to the occupants of any neighboring Lands or building. No attached or semi-detached, duplex house or apartment house or any house designed for more than one family shall be permitted.

No signs, billboards, notices or other advertising matter of any kind (except signs of the size and type ordinarily employed by real estate brokers in the area, offering the Lands for sale) shall be placed on any part of the Lands or upon or in any buildings or on any fence, tree or other structure on the Lands without the prior written consent of the Developer.

The Grantee shall be required to become a member of the Subdivision Homeowners Association formed by Winter River Woods Developer, and to contribute to the cost of maintaining the roads, and any other common Lands or right-of-way costs within the subdivision as may be required from time to time.

The Grantee agrees and acknowledges that the Lands may be subject to existing public utility easements and may be subject to further easements which may be required by proper authority to provide electric energy or other services to the area.

Where permission or approval of the Grantor is required, or where the Grantor is given any power or authority by these protective covenants, the Grantor shall have the right to name a representative or designate to make any such decision or to exercise such power or authority. If such a representative or designate is named, the Grantee shall be notified in writing and the decision of the representative shall be binding upon the Grantee but shall be limited to that issue only for which the appointment was made by the Grantor. If for any reason the Grantor is unable to continue to fulfill its supervisory and other obligations hereunder, the Grantor shall name a permanent representative with written notice to all of those persons bound by these protective Covenants. Any such named representative shall have the right to name a further representative, if required, under similar circumstances.

The Grantee shall be wholly responsible for construction and maintenance of his own well, septic tank and field tile, which shall be in accordance with the specifications established by provincial regulation and by government departments including, but not limited to, the sewer system fill requirements imposed by the Department of Community and Cultural Affairs.

Any building damaged by fire or natural disaster, shall be removed or repaired within sixty days or receipt of insurance proceeds.

The Lands and any building thereon shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description, nor as a school, hospital or other charitable institution, hotel, apartment house, rooming house or place of public resort, not for any purpose other than as a private residence for the use of only one family to each dwelling building.

All building, walls, structures, driveways and Landscaping placed or maintained upon the Lands or any portion thereon shall at all times be maintained in good condition and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings, houses or other improvements and external appurtenances, all in a manner and with such frequency as is consistent with good property management. All Lands, whether occupied or unoccupied, shall be maintained in a manner acceptable to the Developer. The Developer, in its sole discretion, may determine whether or not the Lands, or any part thereof, are orderly. The Developer may have any objectionable items removed so as to restore the proper appearance of the Lands, without liability therefore, and charge the Grantee for any costs incurred in the process and the Grantee agrees to pay such charges.

Residential set back – 50’ front, 50’ side’ 50’ rear – the intent is to approximately center residential building when possible to ensure maximum privacy for all. Garages, gazebos, storage buildings, greenhouses to be set back 20’ from side and rear property lines. No ancillary structures between front of residence and development streets. Each lot will be looked at individually by Developer.

No more than 50% of each building lot may be cleared of woodland trees for building site. Any tree clearing (cutting) must be approved by Developer.

The Lands may not be sub-divided at any time.

Developer Rights

The Grantee hereby agrees to consent to any future land development by the Developer.

The Developer shall have the right to convey to any governmental agencies or other public authorities any part of its remaining Lands for parks, recreational or other similar purposes, for roadways or for pipes or conduits for sewage, drainage and electricity.

The Developer shall have the right to grade the Lands within and adjacent to the Lands as may be required for drainage and the construction of the streets, walkways and other improvements necessarily incidental to the Development.

The Developer, its successors and/or assigns may, in its sole discretion and without the consent of the Grantee, alter, waive or modify any of the foregoing building and other Covenants, provided their substantial character is maintained.

Homeowner’s Association

The Grantee, together with all others who own lots in the Winter River Woods subdivision agree to be members in the Winter River Woods Homeowner’s Association.

The Developer may transfer the roadways and common areas to the Homeowner’s Association at any time.

If the Developer has transferred the roadways and common areas to the Homeowner’s Association, the Homeowner’s Association will be considered the Developer for the purpose of these Covenants, and shall have the right to grant the various approvals contemplated by these Covenants.

Covenants Severable

The Covenants herein are severable and the invalidity or unenforceability of any Covenant shall not affect the validity or enforceability of any other Covenant.

Subsequent Purchaser

The Grantee agrees to obtain from any subsequent purchaser, assignee or transferee an agreement to observe all of the stipulations, restrictions and provisions of these protective Covenants herein set forth including this clause.

Written Approval Required

No dwelling building or other building, fence (including hedges), wall, gate post, clothesline, surface or storm drainage or other structure shall be commenced, constructed or maintained on the Lands unless the plans, dimensions, specifications and site plan showing the nature, location (including the distances from the front, side and rear limits), colour, materials and height of same shall have been first submitted to and approved in writing by the Developer who may in its discretion refuse to approve any such plans, dimensions, specifications or site plan which, in its opinion, are unsuitable or undesirable. Plot plans are required to be submitted to the Developer indicating the lot grading design of the dwelling layout and proposed surface and storm drainage and Landscaping and all other associated site works. The design of the dwelling building, its location upon the lot, the colour of all roofs, exterior woodwork, siding and trim and all exterior masonry of the buildings to be erected shall be approved by the Developer in writing. In approving such plans, dimensions, specifications, site plans and plot plans, the Developer may take into consideration the material and colour of all roofs, exterior walls, woodwork, windows, hardware and lighting fixtures, fencing, paving and Landscaped details proposed and the harmony thereof with the surroundings and the effect of the structures as planned on the outlook from adjacent or neighbouring properties. The Developer shall notify the Grantee of its decision to either approve or reject the said plans, dimensions, specifications, site plans and/or plot plans within fourteen (14) days of being provided all of the said plans, dimensions, specifications, site plan and plot plan.

These Protective Deed Covenants and Restrictions shall run with the land and shall be binding upon and inure to the benefit of the Grantees, their heirs, executors, administrators, successors and assigns and furthermore, shall run with each and every lot in the Winter River Woods subdivision in Pleasant Grove, PEI, Canada.