Covenant

Protective Covenants

Service One

The Grantee, Grantees, or the Purchaser(s) as applicable, covenants and agrees with The Inn At Spry Point, Inc. (the subdivision owners, herein called the "Developer") to observe and comply with the following restrictions and agreements (herein called the "Covenants) made in pursuance of the building scheme established by the Developer. The burden of these Covenants shall run with the lands hereby conveyed, being the lands described in Schedule "A" annexed hereto (herein called the "Lands") forever, and the benefit of these Covenants shall run with each of the lots in the subdivision in Little Pond, Kings County, Province of Prince Edward Island. These Protective Covenants shall be binding upon and enure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.Covenants

All landowners shall be a member of the Spry Point Homeowners Association, Inc. (the "Association").
The lands shall be used for private, single dwelling residential purposes only, and only one residence and one accessory building may be erected or stand at any one time upon the Lands.
No dwelling building shall be erected or stand upon the Lands or any part thereof which have a floor area less than 1200 square feet in size. For the purpose of this clause, "floor area" shall be calculated and measured from the outside measurements of the main walls of the dwelling, excluding attached garage, porch, verandah, sunroom, attic, basement, and/or semi-basement.
No dwelling building shall be erected or placed upon the Lands other than a newly-constructed, permanent, private dwelling building. No temporary structures or mobile homes or trailers are permitted on the Lands.
Any residence dwelling that does not have a cement foundation and is sixteen (16") inches or more above ground level shall be skirted with good quality wood or wood substitute lattice.
Construction of the dwelling building and landscaping shall be completed in a proper and workmanlike manner and in accordance with plans, dimensions, specifications, site plans and plot plans approved by the Developer, and completed within one year of commencing construction.
The Grantee shall comply with all federal and provincial laws, regulations, by-laws and zoning and set back requirements in connection with the construction of any building upon the Lands. Upon commencing construction of the dwelling building foundation, the Developer will provide the services of a licensed Prince Edward Island land surveyor to establish the dwelling building location on the lands, top of footing elevation, and suggested top of the wall elevation. The cost of the site plan with placement of the home and septic is the responsibility of the buyer.
The Grantee shall be wholly responsible for construction and maintenance of his own well (where central water is not supplied), septic tank and field tile, which shall be in accordance with the specifications established by provincial regulation and by government departments including, but not limited to, the sewer system fill requirements imposed by the Department of Community and Cultural Affairs.
The Grantee agrees to maintain the sixty (60') foot Buffer Zone either part of or adjacent to the Lands between the Lands and the top of the bank.
The Grantee acknowledges that use of the "Buffer Zone" is subject to regulations under the Planning Act of Prince Edward Island and/or the Environmental Protection Act of Prince Edward Island and that the Grantee must comply with these regulations. In the event of a conflict between these regulations and these covenants, the regulations shall prevail.
Any building damaged by fire shall be removed or repaired within sixty days of receipt of insurance proceeds.
Nothing shall be done upon the Lands that is or would likely be a nuisance to the occupants of any neighboring lands or buildings within the subdivision. Without limiting the generality of the foregoing no one shall use recreational off road vehicles, snowmobiles, or motorized dirt bikes on the Lands or beaches and dunes adjacent to the Lands.
The Lands shall be kept clean, sanitary, free from refuse, debris and fire hazard at all times and no sewage or building waste material of any kind shall be dumped or stored on the Lands, except clean fill for the purpose of leveling in connection with the construction or erection of a dwelling or other structure therein or the immediate improvement of the Lands.
No refuse or recyclable bins or bags to be left for collection at roadway except, the evening of the day before designated collection days and is to be removed the day of collection.
All buildings, walls, structures, driveways and landscaping placed or maintained upon the Lands or any portion thereon shall at all times be maintained in good condition and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of trees and shrubbery and the painting (or other appropriate external care) of all buildings, houses or other improvements and external appurtenances, all in a manner and with such frequency as is consistent with good property management. All Lands, whether occupied or unoccupied, shall be maintained in a manner acceptable to the Developer. The Developer, in its sole discretion, may determine whether or not the Lands, or any part thereof, are orderly. The Developer may have any objectionable items removed so as to restore the proper appearance of the Lands, without liability therefore, and charge the Grantee for any costs incurred in the process and the Grantee agrees to pay such charges.
No major repairs to a trailer, camper, boat, or motor vehicle shall be effected upon the Lands, except within a wholly enclosed garage. No portion of the Lands shall be used for the storage or repairs of derelict vehicles.
No camper, mobile home, boat, trailer or motor vehicle in excess of one ton with or without living, sleeping or eating accommodations shall be placed, located, kept or maintained on the Lands for a period longer than seven (7) days, and in any case for not longer than a total of thirty (30) days in any calendar year.
No portion f 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 ton and any other vehicles of a similar nature.
No cattle, hogs, sheep, poultry or birds, horses or other livestock or animals, other than household pets normally permitted in private homes in urban residential areas, shall be permitted or kept on the Lands. No kennels and no breeding of pets for sale shall be permitted on the Lands.
The Grantee shall not allow any pet to leave the Lands unless the pet is under the immediate care and control of a competent and responsible person.
The Grantee shall connect the dwelling on the Lands to electricity via an underground conduit from the lot line to the dwelling. The Grantee shall be responsible for any damage to roadways and any underground services occasioned during construction or any work carried on by the Grantee, their employee or contractor.
No items including but not limited to, exterior television or radio antenna, satellite dish, receiver larger than thirty (30") inches in diameter, heat pumps, air conditioning, Selkirk/propane chimneys and above-ground storage tank, shall be erected or maintained on any part of the Lands.

Written Approval Required

No dwelling building or other building, fence (including hedges), wall, gate post, clothesline, surface or storm drainage or other structure shall be commenced, constructed or maintained on the Lands unless the plans, dimensions, specifications and site plan showing the nature, location (including the distances from the front, side, and rear limits), color, materials and height of same shall have been first submitted to and approved in writing by the Developer who may in its discretion refuse to approve any such plans, dimensions, specifications or site plan which, in its opinion, are unsuitable or undesirable. Plot plans are required to be submitted to the Developer indicating the lot grading design of the dwelling layout 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 indicated thereon. The design of the dwelling building, its location upon the lot, the color of all roofs, exterior woodwork, siding and trim and all exterior masonry of the buildings to be erected shall be approved by the Developer in writing. In approving such plans, dimensions, specifications, site plans and plot plans, the Developer may take into consideration the material and color of all roofs, exterior walls, woodwork, windows, hardware and lighting fixtures, fencing, paving and landscaped 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. Compulsory items are cedar shingles, cedar clapboard, Hardie Plank, and the use of earth tone colors. The Developer shall notify the Grantee of its decision to either approve or reject the said plans, dimensions, specifications, site plans and/or plot plans within fourteen (14) days of being provided all of the said plans, dimensions, specifications, site plan and plot plan.
No excavation shall be made on the Lands except excavations for the purpose of building on the same at the same time of commencement of such building or for the improvement of the gardens or grounds thereof. No soil or gravel shall be removed from the Lands except with the prior written consent of the Developer.
No signs, billboards, placards, notices or other advertising or informational material of any kind, (except of the size and type ordinarily employed by real estate brokers and agents in the area offering the Lands for sale), shall be placed on the Lands, dwelling or other structure on the Lands, without the express written approval of the Grantor.
No fence, hedge, wall, gate post, clothesline and/or trees shall be erected, planted, or maintained on the Lands or any part thereof without the written approval of the Developer that might impact sight lines of neighboring or adjacent properties.
Ground water heat pumps, pools and other devices that potentially impact the water supply and domestic consumption may not be installed without the express written consent of the Developer. Use of ground water heat pumps will be required to draw from the salt water aquifer which will necessitate use of a plate heat exchanger. Pools will be required to either draw from the salt water aquifer or have the water brought in by tanker truck.
Exterior lighting: All exterior lighting shall be down lighting to minimize light pollution.

Developer Rights

The Grantee hereby agrees to consent to any future land development by the Developer.
The Developer shall have the right to convey to any governmental agencies or other public authorities any part of its remaining lands for parks, recreational or other similar purposes, for roadways or for pipes or conduits for water, sewage, drainage, and electricity.
The Developer shall have the right to grade the lands within and adjacent to the Lands as may be required for drainage and the construction of the streets, walkways and other improvements necessarily incidental to the Development.

The Developer, its successors and/or assigns, may, in its sole discretion and without the consent of the Grantee, alter, waive or modify any of the foregoing building and other Covenants, provided their substantial character is maintained.
Homeowner's Association

The Grantee, together with all others who own lots in the subdivision at Spry Point, shall be members in the Spry Point Homeowner's Association established by the Developer.
The Developer may transfer the roadways, Rights Of Way, buffer zones, common areas, and central water system to the Homeowner's Association at any time, although the Developer shall have the right to control the Homeowner's Association until at least fifty (50%) percent of all lots are sold
If the Developer has transferred the roadways, Rights Of Way, buffer zones, common areas, and central water system to the Homeowner's Association, the Homeowner's Association will be considered the Developer for the purposes of these Covenants and shall have the right to grant various approvals contemplated by these Covenants.
The Homeowner's Association may levy such charge as the members deem advisable for common area maintenance and facilities and each lot owner shall be responsible for his or her share of such costs.
The Developer will provide year round snow removal for roadways and, if necessary or applicable, common areas, with the costs of such removal borne and paid equally by all lot owners on which homes or cottages have been constructed.

Covenants SeverableThe Covenants herein are severable and the invalidity or unenforceability of any Covenant shall not affect the validity or enforceability of any other Covenant.
Subsequent PurchaserThe Grantee agrees to obtain from any subsequent purchaser or transferee a covenant to observe the Covenants herein set forth, including this clause.

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