Cotton Mill Creek
Weavers Way and Wyngate Court
The Purchaser covenants and agrees with the Vendor to observe and comply with the following restrictions made in pursuance of a building scheme established by the Vendor. The burden of these restrictions shall run with the Lands described in Schedule "A" attached hereto (hereinafter referred to as the "Lands") forever and the benefit of these restrictions shall run with each of the single family lots shown on a plan of subdivision and registered in The Land Titles office of New Brunswick. These restrictions shall be binding upon and enure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.
1. No building other than a single-family dwelling shall be constructed on the Lands.
2. Prior to any site works (excavation and filling) or the construction of any dwelling on the Lands, approval of the proposed building plans must be obtained in writing from the Vendor.
3. At least fifty percent (50%) of the front exterior of every building shall be constructed of clay brick, full bed mortared quarried stone or stone look concrete masonry products manufactured or distributed by The Shaw Group Limited, unless otherwise agreed to in writing by the Vendor (faux stone or other mechanically fastened products are not permitted).
4. All chimneys shall be constructed of concrete or clay brick and flue liners manufactured or distributed by The Shaw Group Limited. Metal or prefab chimneys will only be permitted if enclosed as approved by the Vendor.
5. The dwelling and associated landscaping shall be completed within one year from the date of start of construction of the dwelling to be constructed on the Lands.
6. All propane tanks and oil tanks shall be screened in accordance with a standard detail provided by the Vendor and shall be installed at a location approved by the Vendor.
7. No alteration, addition or change to the structure or exterior appearance including colour shall be made except with the express written approval of the Vendor.
8. No outbuilding, garage, wall, fence (including hedges), gate, post or other structure shall be constructed on the Lands until the plans, specifications and siting plan have been submitted to the Vendor and its express approval has been obtained in writing. The Vendor may in its absolute discretion refuse to approve any such plans or proposals, which, in its opinion, are unsuitable or undesirable in relation to the character of the surrounding area.
9. No living tree larger than 4" in diameter (at its widest point) shall be cut down, destroyed or removed at any time without the express written approval of the Vendor. If such a tree is cut down, destroyed or removed without the express written approval of the Vendor, it shall be replaced forthwith by the Purchaser at his expense. Trees within the area to be excavated for the erection of a dwelling house may be cut or removed as directed by the Vendor.
10. The Purchaser agrees to plant no fewer than one (1) tree not less than five feet (5') high on the portion of the Lands between the street and the front of the dwelling.
11. No 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 Lands for sale or rent) shall be placed on the said Lands without the express written approval of the Vendor.
12. No exterior aerials, antennas, satellite dishes or solar panels shall be erected or maintained on any part of the Lands without the express written approval of the Vendor. Satellite dishes will only be approved on the rear half of any structure.
13. The Lands, including the buildings erected thereon, shall not at any time be used for the purpose of any profession, trade or business whatsoever nor as any pre school, kindergarten, school, daycare centre, church, hospital, hostel or other institution, nor as a hotel, apartment house, duplex, boarding or lodging house or place of public resort or for any sport or game (other than such sports or games as are usually played in connection with the occupation of a private residence). The Purchaser shall not do or permit to be done on the Lands anything that may be a nuisance to the occupants of any adjacent or neighbouring properties. Limited day care as per the City of Fredericton zoning bylaws will be permitted.
14. No animals other than household pets (cats and dogs) normally kept in private homes in urban residential areas shall be kept upon the Lands. No breeding of pets shall be carried on upon the Lands.
15. No major repairs to any motor vehicle, boat, or trailer shall be done on the Lands except within a wholly enclosed garage.
16. No boat; motor home; or trailer with living, sleeping or eating accommodations shall be placed, located, kept, or maintained on the lands except between the front and rear lines of the dwelling located on the lands.
17. No incineration or other refuse burning device shall be erected or maintained upon the property without the express written approval of the Vendor.
18. No refuse or wastepile shall be maintained on the Lands.
19. The Lands shall not be re subdivided or re zoned at any time without the express written approval of the Vendor.
20. No factory built, modular, panellized, or pre-manufactured home of any kind shall be installed or built on the Lands unless that home has been constructed by Prestige Homes.
21. The Purchaser agrees and acknowledges that the Lands are subject to existing public utility and municipal easements.
22. Notwithstanding anything herein contained the Vendor may waive, alter, or modify the above covenants in their application to any lot or parcel of land comprising part of Cotton Mill Creek without notice to the owners of any other lot or parcels of land in Cotton Mill Creek.
23. Notwithstanding anything herein contained, the Vendor may assign all or any part of its rights which arise under these restrictions.
24. The Vendor reserves the right to charge for its costs in providing letters to third parties confirming compliance of the Lands with the terms of these protective covenants.
25. The restrictions herein are severable and the invalidity or unenforceability of any restrictions shall not affect the validity or enforceability or any other restrictions. These covenants shall run with the Lands and be in force for a period of fifteen (15) years from the date of final approval for the subdivision. Thereafter any changes to the covenants require that two thirds (2/3rds) of the residents support such change. In the event that enforcement of these covenants is required, the party in default of the covenants is responsible to the Vendor for all claims, damages, costs or expenses resulting therefrom including legal fees on a solicitor-client basis.