The Lands conveyed hereby are subject to the following stipulations, restrictions and provisions:- No building shall be erected on any Lands other than a detached private dwelling home to and for the use of a single family with or without an appropriate garage, cut-buildings, etc. appurtenant thereto which shall be constructed of the same design and exterior finish. The exterior walls and finishes of any building located on any Lands shall be of earth tone color of natural looking material (masonry, wood, stucco, maintenance free siding, etc.) unless otherwise approved by the Grantor in writing.
- Any house or other structure, well, septic system and proposed surface and storm drainage constructed on any Lands shall be constructed in a proper and workmanlike manner and in accordance with plans, specifications and site location approved in writing by the Grantor. Plot Plans are required to be submitted to the Grantor indicating the lot grading design of the dwelling layout, well, septic system and proposed surface and storm drainage and landscaping and all other associated site works designed and certified by a qualified professional in this field of work preparing same and indicated thereon. If required, such plot plan must be approved by the proper governmental agencies. No building shall be located less than seventy-five feet (75') from the street-line on any lot unless otherwise approved by the Grantor in writing.
- No fence shall be erected or maintained on any Lands or any part thereof other than a wooden fence of open construction, subject to a maximum height of 42 inches, unless approved in writing by the Grantor. Screens for landscaping purposes may be erected only with the written approval of the Grantor.
- Any building erected or to be erected on any Lands shall not be used for the purpose of any profession, trade, employment, service or manufacture or business of any description, nor as a hotel, apartment house, rooming house or place of public resort, nor for any other purpose other than as private residence for the use of one family only to each dwelling unit, nor shall anything be done or permitted upon any Lands that shall be a nuisance to the occupants of any neighboring property.
- No building, swimming pool, wall, fence (including hedges), gate post, clothesline or other structure shall be commenced, constructed or maintained on the Lands, nor shall any addition to, or alteration thereof be made until the plans, specifications and siting plan showing the nature, location, color, materials, and height of any such building, wall, fence (including hedges) gate post, clothesline or other structure and any additions or alterations thereto shall have been submitted to and approved in writing by the Grantor who may in its discretion refuse to approve any such plans, specifications or siting plan, which in its opinion are unsuitable or undesirable. In approving such plans, specifications and siting plans, the Grantor may take into consideration the material and color of all roofs, exterior walls, woodwork, windows, hardware and lighting fixtures, fencing, paving and landscape details proposed and the harmony thereof with the surroundings and the effect of the structures as planned on the outlook from adjacent or neighboring properties.
- 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 or rent) shall be placed on any part of the Lands without the written consent of the Grantor. Such consent is at the sole and absolute discretion of the Grantor.
- No living tree shall be cut down or removed without the consent of the Grantor other than trees indicated for removal on site and grading plans as submitted by the Grantee and approved in writing by the Grantor for the construction site of any residence, building and/or garage. If any such tree is cut down, destroyed or removed, the same will be replaced at the expense of the Grantee.
- No commercial vehicles shall be parked or placed on the Lands.
- No trailer (with or without living, sleeping or eating accommodation) and no boat, truck, camper or recreational Vehicle shall be parked or placed on any Lands unless in a wholly enclosed garage, carport or outbuilding or at a location approved in writing by the Grantor.
- No horses, cattle, hogs, sheep, poultry, or other stock of animals other than household pets normally permitted in private homes in urban residential areas shall be kept on the Lands. No breeding of pets for sale shall be carried out upon the Lands.
- No recycling (except recycling and composting containers for domestic use as required by the governing municipal authorities to be located within 50 feet of the dwelling), incinerator or other refuse burning device shall be erected or maintained upon the lands without the prior written consent of the Grantor and no such incinerator or device shall be used other than in accordance with the requirements of any statute regulation or by-law promulgated by any governmental agencies having jurisdiction in that regard.
- The Grantee hereby agrees to consent to any future low density land development by the Grantor, any governing authorities or any other requirements for the operation of a golf course, the construction of sidewalks, pavements, sewers, water-mains and other local improvements which may be petitioned for by the Grantor.
- No erections, including but not limited to, exterior television, radio aerials, or satellite T.V. systems, heat pumps, selkirk/propane chimneys and above ground storage tanks may be erected or maintained on any part of the Lands without the prior written consent of the Grantor.
- No major repairs to any motor vehicle shall be effected save within a wholly enclosed garage, nor shall any derelict or abandoned vehicles remain upon Lands.
- Any Lands shall be kept clean, sanitary and contain no unsightly storage of miscellaneous materials at all times and no sewage be placed or permitted to remain on any Lands and no waste material of any kind shall be dumped or spread or allowed to remain on any Lands except clean earth, rocks, or gravel used for grading or landscaping purposes.
- The Grantor shall have the right to convey to any governmental agencies or other public authority any part of its remaining lands for park, recreational or other similar purpose, or roadways or for pipes or conduits for sewage, drainage, electricity and other municipal services.
- The Grantee consents to the installation of wires or anchors or other fastening devices on the Grantee's lands which may be necessary for the construction and maintenance of transmission poles or towers reasonably necessary in the opinion of the Grantor for the transmission of electricity, telephone and other public services to the residences of the area.
- The Grantor shall have the right to grade the Lands within and adjacent to the Lands as it requires or as may be a requirement of the Municipal Engineering Department and the grading shown on the approved engineering plans until the construction of streets, walkways, and adjacent lots is completed or as required from time to time for alterations and improvements to the development.
- The Grantee agrees to complete the development of the Lands including but not limited to dwelling construction, landscaping and the driveway areas which shall have reinforced concrete culverts with appropriate head wall treatments and covered surface with a material which is not susceptible to tracking onto the street or roadway resulting from weather conditions and traffic onto and from the Lands being developed as approved in writing by the Grantor as soon as practicable but in any event to be completed within one year of the start of construction of the dwelling.
- No wharves or like structures are permitted to extend into any watercourse, unless otherwise approved in writing by governmental agencies having jurisdiction in this area and the Grantor.
- The operation of motorboats or any action that may be harmful to the environment is not permitted in or upon any lakes, any ponds or watercourses located in the area known as Lost Creek Golf and Residential Community or lands of the Grantor.
- To protect wildlife, and for the natural tranquility and safety of residents, there shall be no hunting, trapping or killing of wildlife on the Lands, and there shall be no use of hunting bows or discharge or firearms on the land.
- To protect the purity of the water and the natural environment, there shall be no application of herbicides or pesticides on the lands where practical alternatives are identified by the Developer.
- No owner of a dog or cat shall permit it to run at large at any time of year in such a way as to contravene any Halifax County Bylaws. To protect nesting birds and their young, no dog or cat shall be permitted to run unsupervised between May 1 and July 15 or any year. Cats shall be "belled" as a measure to protect wildlife.
- To protect the natural environment, and the tranquility enjoyed by residents, there shall be no use of snowmobiles, ATV s, one or two cylinder motorcycles or any off-road motor vehicles on the Lands, except for the use of motor vehicles on roadways constructed for that purpose.
- To reduce noise pollution and to provide times of total tranquility, there shall be no unreasonable noise or operation of gas powered chainsaws, between 7 p.m. and 9 a.m., Monday through Saturday, or anytime on Sunday, unless such operations are essential to new home construction.
- The Grantor may at their sole and absolute discretion alter, waive or modify any of the foregoing building and other restrictions so long as their substantial character is maintained.
- The restrictions herein contained are severable and the invalidity or unenforceability of any restrictions shall not effect the validity or enforceability or any other restrictions. Such covenants shall run with the Lands conveyed. The Grantor is not responsible for enforcement of the covenants. In the event that enforcement of these covenants is required the party in default of the covenants is responsible to the Grantor for all claims, damages, costs or expenses resulting therefrom including legal fees on a solicitor-client basis.
- The Grantee covenants with the Grantor that the lands conveyed by this Deed shall not be subdivided within 15 years of the Closing Date, and thereafter if any additional lot or lots are created by subdivision, such additional lot or lots may be purchased by the Grantor, its successors or assigns at a price equal to 10% of the original lot purchase price. Notwithstanding the aforementioned any lots created by subdivision of the lands conveyed by this Deed shall not be entitled to Special Privileges to the golf course known as Lost Creek and set out in attached Schedule "C" of this Deed.
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