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Building in Colby South

THE PROTECTIVE COVENANTS OF COLBY SOUTH

**Please note:  Protective Covenants can change from time to time.  Please refer to your original Agreement of Purchase and Sale document for a copy of the covenants attached to your lands.

No building other than a single family dwelling shall be constructed on the Lands.

 

The Purchaser shall submit a surveyor's certificate to the Developer at the following stages of construction:

 

Subsequent to the completion of the footings for the dwelling house on the lands showing the location and elevation of the footings; and

 

Subsequent to the completion of the exterior grading showing the elevation of lands at a sufficient number of locations to demonstrate that the design drainage pattern has been achieved.

 

Construction of the dwelling house shall not proceed to the next stage until the Purchaser has received confirmation of approval from the Developer for each stage of construction noted above.  In the event the Purchaser does not submit a surveyor's certificate at the required time the Developer or its representatives may enter the lands to complete the work and the Purchaser agrees to pay for all costs associated therewith.

 

At least fifty percent (50%) of the front exterior of every building shall be constructed of full bed mortared 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 Developer (faux stone or other mechanically fastened products are not permitted).

 

All brick chimneys shall be constructed of clay brick and flue liners manufactured by The Shaw Group Limited.  Metal or prefab chimneys will only be permitted if enclosed as approved by the Developer.

 

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.

 

No fuel tank or wood storage shall be located in the front or side yards of any dwelling on the Lands.

 

No power vents or exhaust vents shall be located on the elevations of the dwelling fronting any street.

 

The dwelling and associated landscaping shall be completed within one year from the date of commencement of construction on the Lands.

 

No alteration, addition or change to the structure or exterior appearance including colour shall be made, done or permitted to be done except with the express written approval of the Developer.

 

No outbuilding, garage, exterior aerial, antenna, satellite disk, solar panel, wall, fence, or other structure shall be commenced, constructed or maintained on the Lands, nor shall any addition to or alteration thereof be made unless the plans, specifications and siting plan have been submitted to the Developer and its express approval in writing is obtained.  The Developer 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.

 

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 Lands without the express written approval of the Developer.

 

The Lands shall not be re‑subdivided or re‑zoned at any time without the express written approval of the Developer.

 

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 or church.  The Purchaser shall not do or permit or suffer to be done on the Lands which may be a nuisance to the occupants of any adjacent or neighbouring properties.

 

Notwithstanding anything herein contained the Developer may waive, alter, or modify the above restrictions in their application to any lot or lots, parcel or parcels of land comprising part of the Colby South Development.

 

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

 

The restrictions herein contained are severable and the invalidity or unenforceability of any restrictions shall not affect the validity or enforceability or any other restrictions.  Such 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; after this period terminates, any changes to the covenants require that two thirds (2/3rds) of the residents be in favour.  The Developer is not responsible for enforcement of the covenants after Phase 2 Colby South has been completely sold.  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.