Protective Covenants

 

1. The Purchaser covenants and agrees with the Developer, McIntosh Run Developments Limited, to observe and comply with the following restrictions. The burden of these restrictions shall run with the lands described in Schedule "A" attached hereto (hereinafter referred to as the "property") 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 Developer in McIntosh Run Estates. These restrictions shall be binding upon and enure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.

 

2. No building other than a semi-detached unit and associated accessory buildings thereto shall be constructed on the property, and the property shall therefore not be re-zoned to achieve alternative or additional uses without the express written approval of the Developer. 

3. The Developer reserves the right to require the immediate removal or modification of any monuments, 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 property for sale or rent) placed on the property, which, in the sole discretion of the Developer, compromise the visual harmony of the street.

4. Any full bed mortared clay brick, full bed mortared quarried stone or stone look concrete masonry products used on the exterior of the homes and all hardscape landscaping products such as retaining walls and paver stones must be manufactured or distributed by The Shaw Group Limited, unless otherwise agreed to in writing by the Developer. 

5. No motor vehicle shall be parked on any part of the property other than the driveway. 

6. No building, fence or structure of any kind, or any alterations or additions thereto, shall be constructed or placed on the property unless the plans, dimensions, specifications, and location thereof, as indicated by site plan, have been first submitted to and approved in writing by the Developer. Further, no building, fence, or structure of any kind, or any alterations or additions, shall be constructed or placed on the Property contrary to the approved plans, specifications, and site plan. The site plan shall include the distances from the front, side, and rear lot lines. 

7. No fence shall be erected or maintained on the Lands, or any part thereof, other than a black chain link or ornamental wire, iron, or wooden fence of open construction, with or without brick or stone foundations, unless approved in writing by the Developer. No such fence shall be (a) higher than six feet; (b) be situated within thirty feet of the street line along the front yard; or, (c) within ten feet of any other street line. No screens for landscaping purposes shall be erected without the prior writer consent of the Developer. 

8. The Developer reserves the right to require that yard cleanliness and landscaping are maintained in a manner consistent with other properties in the surrounding neighbourhood.

9. Notwithstanding anything herein contained, the Developer may waive, alter, or modify the above covenants in their application to any lot or parcel of land comprising part of McIntosh Run Estates without notice to the owners of any other lot or parcels of lands in the community. 

10. Notwithstanding anything herein contained, the Developer may assign all or any part of its rights that arise under these restrictions. 

11. The Developer reserves the right to charge a reasonable fee to recover its costs in providing letters to third parties confirming that the property complies with the terms of these protective covenants.

12. The restrictions herein are severable and the invalidity or unenforceability of any restrictions shall not affect the validity or enforceability of any other restrictions. In the event that enforcement of these covenants is required, the party in default of the covenants is responsible to the Developer for all claims, damages, costs or expenses resulting therefrom including legal fees on a solicitor-client basis. These covenants shall be enforced by the Developer for a period of ten (10) years from the date an occupancy permit has been issued for the property.