The Grantee covenants and agrees with the Grantor to observe and comply with the following restrictions made in pursuance of a building scheme established by the Grantor. The burden of these restrictions shall run with the lands described in Schedule “A” attached hereto (hereinafter referred to as the “Lands”) and the benefit of these restrictions shall run with each of the lots and with each part of the land now owned by the Grantor as shown on the plan of Sunrise Cove, which is registered in the Registry of Deeds for Queens County, Charlottetown, Prince Edward Island as Plan Number 33013. These restrictions shall be binding upon and endure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.
No building other than a site built detached single family dwelling, with attached private garage, shall be constructed on the Lands. All plans of construction (including exterior materials and colours) and the final working drawings shall be submitted to the Grantor and its approval in writing obtained in advance, which approval shall not be unreasonably withheld. All plans of construction (including exterior materials and colours) and the final working drawings shall be subject to the restrictive covenants. Every building shall be constructed in strict compliance with the plans and drawings which has been approved by the Grantor. Construction of the building shall be completed in a professional manner within twelve (12) months from the date construction commences.
1. No dwelling shall be constructed on the Lands which shall have any ground floor area less than:
(a) 1600 square feet in the case of a one storey dwelling, plus a garage;
(b) 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 that 1600 square feet.
(c) The measurements for calculation of the areas referred to in paragraph 2(a) and (b) shall be taken as the outside measurements of the main walls of each dwelling, excluding attached garage, porch, veranda, sunroom, attic and unfinished basement.
2. No dwelling shall be constructed on the lands which will have any of its main walls nearer than 7.5 feet to another side yard property line. The Grantee shall comply with the minimum standards established by the Town of Cornwall.
3. All constructions, elevations, grading, backfill and all related work and materials used therein shall be in strict compliance with the National Building Code of Canada.
4. Lot grading and elevations shall meet and be in strict compliance with the requirements as set out in the municipal by-laws established by the Town of Cornwall.
5. Plans shall include a final grading plan for the lot showing existing and proposed lot elevations and the elevation of the foundation in relation to existing lot elevations and grades.
6. No fence, gate, wall, post, shed or other structure shall be constructed or erected on the Lands unless the plans, specifications and siting plan showing the nature, location, color, material and height of any proposed structure have been submitted to the Grantor and its express approval obtained in advance, which approval shall not be unreasonably withheld.
7. No alteration, addition or change to the structure or exterior appearance of a dwelling, fence (including hedges), gate, wall, post or other structure shall be made, done or permitted to be done except with the express written approval in advance of the Grantor, which approval shall not be unreasonably withheld.
8.The Grantee will not permit the condition of the surface of the land to be, or fall to, a condition below the standard of landscaping and grass cutting reasonably found in a first class residential neighbourhood. The Grantee will not permit the surface of any vacant land to be in a condition that would or would be likely to, interfere with the enjoyment of adjoining lots. The Grantor reserves the right to have the Grantee’s lawn cut for payment by the Grantee.
9. No portion of the Lands disturbed by construction shall remain not landscaped for any period beyond nine (9) months from the substantial completion of the construction of the dwelling built upon the Lands. Landscaping shall include a grass or sod lawn and ornamental shrubbery on the perimeter of the front of the dwelling.
10. No driveway on the Lands shall remain un-surfaced for any period beyond six (6) months from the substantial completion of the construction of the dwelling and no driveway shall be surfaced with any material other than concrete, stone blocks, asphalt or brick.
11. Except as may otherwise be permitted herein, no excavation shall be made on the Lands except excavation for the purposes of building at the time of commencement of such building or for the improvement of the gardens and ground thereof. No soil, sand or gravel shall be removed from the said Lands except with the prior written permission of the Grantor. Excavations will be exposed for a minimum length of time, piles of fill will be protected against erosion and disturbed surfaces will be promptly finished to avoid siltation or pollution of any watercourse.
12. No building waste or other material of any kind shall be dumped or stored on the said Lands, except clean fill for the purpose of leveling in connection with the construction or erection of a dwelling or other structure thereon or the immediate improvement of the grounds.
13. The Grantee shall be responsible for any damage to curbs, gutters and any underground services occasioned during construction of any works carried on by the Grantee on the lands of the Grantee. The Grantee also agrees that in the event that any survey pins are lost or removed during construction or otherwise on the lands of the Grantee, the Grantee, at the Grantee’s cost, shall cause a licensed surveyor to replace any such survey pins that may have been removed or lost.
14. No exterior aerials and antennas or satellite dishes with a diameter greater than thirty (30) inches may be erected or maintained on any part of the said Lands without the prior written consent of the Grantor. Any satellite dish installed shall be placed in a location so as not to interfere with the appearance of the Lands.
15. No buildings or construction of any kind shall take place within forty (40) feet of any existing watercourses. Drainage from excavations, fill material or other source shall not be permitted to enter existing watercourses except where measures are taken to ensure that siltation or pollution of such watercourses does not occur.
16. The Lands and any dwelling erected or to be erected thereon shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description (including the breeding of pets for sale), nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, rooming house, bed and breakfast, or place of public resort, nor for any sport (other than such games as are usually placed in connection with the occupants of a private residence), nor for any other purpose than a private residence for the use of one family only to each dwelling, nor shall anything be done or permitted upon any of the Lands or buildings erected or to be erected thereon which shall be a nuisance to the occupants of any neighbouring lands or buildings.
17. No signs, billboards, placards, notices or other advertising or informational material of any kind, except signs of the size and type ordinarily employed by real estate agents
offering the Lands for sale, shall be placed on the Lands, dwellings or other structures on the Lands, without the express written approval in advance of the Grantor, which approval shall not be unreasonably withheld.
18. No major repairs to a motor vehicle, boat or trailer shall be affected on the Lands, except within a wholly enclosed garage. No portion of the Lands shall be used for the storage or repair of derelict vehicles.
19. No trailer or camper with or without living, sleeping or eating accommodations or motor vehicle in excess of one tonne shall be placed, located kept or maintained on the Lands.
20. No boats shall be placed, located, kept or maintained on the Lands at any time during the period of time from October first to May first.
21. 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 tonne and any other vehicles of a similar nature.
22. No cattle, hogs, sheep, poultry or other livestock or animals, other than household pets normally permitted in private homes in residential areas, shall be kept on the Lands.
23. No commercial vehicles shall be placed, located, kept or maintained on the Lands. Only personal use vehicles shall be permitted to be placed, located, kept or maintained on the Lands.
24. The Grantee agrees and acknowledges that the Lands are subject to existing public utility and municipal easements, provided the terms of such easements are complied with, and are subject to any easements which may be required by the Corporation, Agency or authority to provide electric energy, natural gas, water, sewer, cable television or telephone services to the area in which the Lands are located, the Company authorized to provide these services to such area or a municipality, or any easement required by a municipality to service such areas or adjacent or neighbouring area, and the right of said corporation, agencies or authorities to enter upon said Lands from time to time to trim trees and remove obstructions from such easements.
25. It is understood that the Grantee will be permitted to install a swimming pool, provided that it is tastefully incorporated with a patio deck area and approved by the Grantor in the manner set out in paragraph 1 hereof.
26. The Grantor may alter, waive or modify any of the foregoing building and other restrictions and covenants so long as their substantial character is maintained.
27. Where permission or approval of the Grantor is required herein or where the Grantor is given any powers or authority herein, the Grantor shall have the right to name a representative to make any such decision or to exercise such power of authority. If a representative is named, the Grantee shall be notified in writing and the decision of the representative shall be effective for the issue in question only. If for any reason the Grantor is unable to continue to fulfill its supervisory and other obligations hereunder, the Grantor will name a permanent representative to act on its behalf and assign its duties to such representative, with full notice to all of those bound by the covenants herein. Any such named representative shall have the right to name a further representative, if required, under similar circumstances.
28. The restrictions and agreements herein are severable and the invalidity or unenforceability of any restriction or agreement shall not affect the validity or enforceability of any other restriction or agreement.
29. The Grantee agrees to obtain from any subsequent purchaser or transferee from him a covenant to observe the Restrictive Covenants and agreements herein set forth including this clause.