Agreement of Purchase and Sale
the Developer is the registered owner of all of the Lots in Plan
and has caused these covenants and restrictions to be made to place
restrictions on all lots on Plan 47M-12
(hereinafter called “Lots”)
for the benefit of the Developer and all future owners of Lots
(hereinafter called “Lot
every purchaser/transferee of any of the Lots or any part thereof, by
accepting and registering a deed or transfer, covenants and agrees on
behalf of himself, his successors and assigns with the Developer and
the other Lot Owners, and their successors and assigns, that the
purchaser/transferee will observe and comply with each of the
following covenants and restrictions
LOT OWNERS TO LOT AND PREMISES: Each Lot Owner shall not permit his
lot or premises to fall into disrepair nor shall the Lot Owner fail
to comply with all applicable laws and regulations and By-laws, the
Developer’s rules and regulations and the applicable provisions of
any Registered Restrictions.
ADVERTISING AND SIGNS: Except for temporary signs erected by or with
the permission of the Developer in connection with the initial
development, lease or sale of Lots or dwelling units on the Lots no
sign or other advertising device of any nature shall be placed for
display to the public view on any Lot (including temporary signs
advertising property for sale or rent) except (i) with the consent of
the Developer or (ii) to indicate any open house or inspection and
only during the actual time of such open house or inspection, which
open house or inspection for any Lot shall be limited to not more
than eight (8) hours per week.
PROTECTIVE SCREENING AND FENCES: Any screen planting, fence
enclosures or walls initially developed on a Lot shall be maintained
by the Owner of the Lot and shall not be removed or replaced with
anything other than a similar type of planting, fence or wall except
with the permission of the Developer. Except for the foregoing, no
fence, wall or screen planting of any kind shall be planted,
installed or erected upon any Lot unless approved by the Developer,
and no fence, wall or screen planting shall be maintained so as to
obstruct sight lines for vehicular traffic.
GARBAGE AND REFUSE DISPOSAL: Except for the Developer’s building
materials during the course of construction or repair by the
Developer, no lumber, metals, bulk materials, rubbish, refuse,
garbage, trash or other waste material shall be kept, stored, or
allowed to accumulate outdoors on any Lot except in sanitary
containers and screened from adjacent and surrounding property. Such
containers may be placed in the open within 24 hours of a scheduled
pick-up, at such place on the Lot as to provide access to persons
making such pick-up.
ABOVE SURFACE UTILITIES: No facilities, including without
limitation, poles and wires for the transmission of electricity or
telephone messages, and water, gas, sanitary and storm sewer drainage
pipes and conduits shall be placed or maintained above the surface of
the ground without the prior approval of the Developer.
NOXIOUS OR OFFENSIVE ACTIVITIES: No noxious or offensive activity
shall be carried out, nor shall anything be done on any Lot or Block
that may be or become a nuisance or annoyance in the area or to the
Lot Owners or occupants. The emission of smoke, soot, fly ash, dust,
fumes, herbicides, insecticides, and other types of air pollution or
radioactive emissions or electromagnetic radiation disturbances,
shall be controlled so as not to (i) be detrimental to or endanger
the public health, safety, comfort or welfare, (ii) be injurious to
property, vegetation or animals, (iii) adversely affect property
values or otherwise produce a public nuisance or hazard or (iv)
violate any zoning regulation or other law or regulation. Provided
that nothing in the paragraph shall be construed as or applied as a
means of inhibiting the Developer from construction on Lots.
OIL AND MINING OPERATIONS: No Lot shall be used for the purposes of
boring, drilling, refining, mining, quarrying, exploring for or
removing oil or other hydrocarbons, minerals, gravel or earth (except
soil boring in connection with Developer’s construction on Lots)
and no derrick or other structure designed for use in boring for oil
or natural gas or any other mineral shall be erected, maintained or
permitted, except with the consent of the Developer.
NO DWELLING IN OTHER THAN RESIDENTIAL UNITS: No trailer, basement,
tent, shack, barn, outbuilding, shed, garage, temporary building or
building in the course of construction or other temporary structure
shall be used, temporarily or permanently, as a dwelling on any Lot.
RESIDENTIAL USE ONLY: No Lot shall be used for other than residential
purposes and purposes incidental and accessory thereto except if used
by the Developer for a model home and/or real estate office during
the time of development, construction, sale or lease of Lots or
dwelling units. Provided that this restriction is not intended to
preclude the operation of an in-home office.
OUTSIDE STORAGE OR PARKING OF OVERSIZED, COMMERCIAL OR RECREATIONAL
VEHICLES, CAMPER BODIES, BOATS OR TRAILERS: Except in relation to the
Developer’s construction and maintenance vehicles and equipment,
there shall be no outside storage or parking of commercial or
recreational vehicles, unlicensed motor vehicles of any type, camper
bodies, recreational vehicles (commonly referred to as “R.V.s”),
boats and trailers for more than seven (7) days in any 30 day period,
except (i) as may be otherwise permitted by the Developer and (ii) in
areas designated for such purpose by the Developer, and, unless used
in connection with the construction or sale of Lots by the Developer
or in connection with maintenance, repair or replacement, or unless
otherwise consented to by the Developer, the following shall not be
permitted to remain outdoors overnight in Plan 47M12
more than seven (7) days in any 30 day period:
oversized vehicles, i.e., unable to fit within a normal-sized vehicle
commercial vehicles, i.e., having a commercial vehicle license plate
or commercial signage thereon;
vehicle which contravenes this paragraph above may be removed by the
Developer at the Owner’s cost and risk.
MAINTENANCE AND REPAIR WORK: Except in conjunction with the
Developer’s construction, or in conjunction with emergency repairs,
(i) no extensive work on any motor vehicles, commercial or
recreational vehicles or machines of any kind shall be permitted
outdoors on any Lot or Block, (ii) no maintenance or repair work
shall be done on any Lot which unreasonably disturbs the occupants of
NO CLOTHESLINES: No outdoor drying or airing of any clothing or
bedding shall be permitted on any Lot unless authorized by the
TREES AND OTHER NATURAL FEATURES: No trees designated by the
Developer as permanent shall be removed from any Lot except with the
permission of the Developer.
NO OUTDOOR HOTTUB OR SPA: No outdoor hot tub or spa shall be
constructed or placed, temporarily or otherwise, upon any Lot, unless
(i) authorized by the Developer and (ii) such hot tub or spa, if
approved, is installed within 24 months.
NO OPEN FIRE PIT: No open fire pit shall be constructed or placed,
temporarily or otherwise, upon any Lot, unless (i) authorized by the
Developer and (ii) such open fire pit, if approved, is installed
within 24 months.
BINDING EFFECT: The covenants, easements, restrictions, rights of way
and other rights reserved herein shall run with the lands described
herein and shall be binding upon and for the benefit of the Developer
and Lot Owners and their respective successors and assigns. The
Developer or Lot Owner(s) from time to time may move to enforce said
covenants, easements, restrictions, rights of way and other rights
reserved herein, before any court of competent jurisdiction as
against any person, individual and/or Lot Owner who is in breach
thereof and shall be entitled to all remedies for the purpose of
enforcing the same and any person and/or Lot Owner found to be in
breach of said covenants, easements, restrictions, rights of way and
other rights reserved herein, shall, in addition to any order of the
court remedying the breach, be liable for costs of the action on a
solicitor and client basis.
AMENDMENTS TO THIS DOCUMENT: The covenants and restrictions contained
herein for the benefit of the Lot Owners may be amended with the
consent of 80% of the Lot Owners PLUS the consent of the Developer.
No amendment (s) shall be effective unless registered on title to the
Lot or Lots to which they apply.
SEVERABILITY: If any section herein, part of a section, easement,
restriction, right of way, term, covenant or condition of this
Agreement or the application thereof to any person or circumstances
shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such section, part of a
section, easement, restriction, right of way, term, covenant or
condition to persons or circumstances other than those as to which it
is held invalid or unenforceable shall not be affected thereby and
each section, part of a section, easement, restriction, right of way,
term, covenant or condition of this Agreement shall be valid and
enforced to the fullest extent permitted by law.
INTERPRETATION: This Agreement shall be read with all changes of
gender or number required by the context.
HEADINGS: The headings in this Agreement are for convenience and
reference only and in no way define, limit or describe the scope of
this Agreement or the intent of any provision herein.
Empire Boulevard, Wellington ON, K0K 3L0