GOLFWOOD LAKES RESTRICTIVE COVENANTS TO ATTACH TO AGREEMENT OF PURCHASE AND SALE
1. No building shall be erected on the property against which this document is registered)”the Property”) except in conformity with the terms of these Restrictive Covenants. No building shall be constructed on the Property, except a single detached private dwelling, suitable for use by a single family, and no dwelling shall be constructed with less than a two car garage. No pre-manufactured or pre-engineered homes shall be constructed.
2. No dwelling shall be erected on the property unless the exterior of the buildings (including garages) are constructed as follows:
1. Two Storey homes with a minimum fifty percent (50%) brick, stone, or stucco.
2. One and one half storey houses with a minimum seventy – fifty percent (50%) brick, stone or stucco.
3. Ranches not constructed with less than one hundred percent (100%) brick, stone or stucco.
4. Raised ranches are not permitted.
(Vinyl, wood, metal, aluminum or similar siding for the main exterior wall construction shall not be permitted, unless approved in writing by Golfwood Lakes Inc.)
3. No dwelling shall be constructed thereon of a size which is less than following:
1. One storey ranch main floor 1800 sq.ft.
2. One and one half storey-combination total main floor and second floor 2300 sq.ft. (min. 1500 sq.ft. on main floor)
3. Two storey-combination total main floor and second floor 2800 sq.ft. (min 1500 sq.ft. on main floor)
In all cases of housing types and design, it is the intent of these Restrictive Covenants to assure that the combined house and attached garage will be built as close as possible to extend across the full Property.
4. For the purposes of this paragraph 1, the following definitions shall be applicable thereto:
1. Floor area – shall mean the area occupied by the dwelling house exclusive of any open or closed porch, garage, carport or breezeway and furnace room.
2. Main floor - shall mean the floor area occupied by the first floor, or intermediate floors lower than the ceiling of the first floor and completely above the finished grade at the front of the dwelling house.
3. Second floor - shall mean the floor area occupied by the floor immediately above the main floor or immediate floor.
4. Half storey – shall mean the floor area occupied by the floor immediately above the main floor or immediate floor.
5. Front of the house – shall mean the side of the house facing the street on the narrowest size of the Property.
5. No driveway may be finished with any material other than concrete, asphalt or brick pavers, or any material pre-approved by developer, and no driveway may be unfinished for a period of longer than one (1) year from the occupancy permit being issued by the Municipality or the home being occupied.
6. The Property must not remain unseeded/unsodded with respect to the front, side and rear yards of the Property for a period of longer than one (1) year from the issuance of an occupancy permit by the Municipality.
7. No signs, billboards, notices or other advertising or promotional matter of any kind, except ordinary signs offering a unit for sale or rent, or displaying the name and address of the owner, with dimensions in accordance with municipal by-laws shall be placed on the lands, or any part thereof. No reconditioned buildings or temporary or permanent structures will be erected or relocated to the Property without the written approval of the Transferor.
8. Rear yard drainage is to be installed and paid by the transferee. No disturbance or changes of the rear yard drainage established by the plans approved by the Municipality shall take place or be permitted to take place, unless approved in writing by the Municipality (to be done by Homeowner). The Municipality and the Transferor or any one of its authorized agents or employees have the right to enter the Property to ensure compliance with this or any other Restrictive Covenants set forth herein.
9. The Transferee agrees to pay for the cost of water meters and /or water service applications (as the case may be); building permit fees, building water used, occupancy permit fees, development charge fee, or any other fees imposed by the Municipality. The Transferee shall make and pay for all applications for hydro and any other services required, including temporary building services. The Transferee shall ensure that water boxes and water keys are visible at the time of inspection for assumption by the Municipality of the services in the Subdivision.
10. The Transferee acknowledges that the Transferor has paid the tree planting fee to the Municipality of Leamington, and this amount of $ 250.00 per Lot shall be reimbursed to the Transferor on closing. This amount is over and above the purchase price.
11. The transferee shall not during building operations interfere with the services or with the installation by the Transferor of services and without limiting the generality of the foregoing, the Transferee shall not permit building materials, fill from excavation, and/or construction equipment onto road allowance including the boulevards in front of or flanking the Property and/or easements on, over, or under the Property, so as to obstruct in any way the installation of curbs, streets, Municipal utility services, landscaping and use thereof.
12. The Transferee shall not hold the Transferor responsible for the condition of the soil on the Property, nor for any loss, damages, expenses, injury, claim or action incurred or suffered by the Transferee as a result of the condition of the soil.
13. The Transferee shall not cause damage by itself, its servants, agents, contractor or subcontractors to any land, roadway, property or other works of the Transferor or the Municipality, during the course of or arising in any way out of the construction of or installation of the dwelling on the Property or any work relating thereto. Any damage done by the Transferee shall be repaired forthwith at the Transferee’s expense.
14. The Transferee shall not permit the Property to have a surface grade except in accordance with the overall grading plan prepared by the engineer and approved by the Municipality.
15. The Transferee shall not damage, destroy or remove survey markers and the Transferee shall be responsible for locating survey markers and will pay to the Transferor the cost of replacing each survey marker for the subject Property which are damaged, destroyed or removed as a result of any act of the Transferee, its employees, agents or contractors.
16. The Transferee will not object to conveying to the Municipality such easements on the Property as are deemed necessary for the installation of the required municipal services to the Property or abutting lands and the Transferee shall not delay in executing Transfer/ Deeds regarding same.
17. These restrictions shall run with the title to the Property and remain in force for a period of twenty (20) years from the date of registration or same and shall be binding upon the Transferee, its heirs, executors, administrators, successors and assigns; changes to these restrictions may be made from time to time by Golfwood Lakes Inc.
18. Notwithstanding anything hereinbefore contained, the Transferor, its successors and assigns, shall have the authority from time to time, by instrument in writing, to waive, alter or modify the covenants, revisions and restrictions herein set forth, without notice to the Transferee.
19. The Property is subject to all present and future building restrictions and by-laws as the Municipality of Leamington require from time to time.
20. The Purchaser understands and is required to advise any subsequent purchasers that school aged children who reside in this development may not be permitted to attend the closest school and may, at the discretion of the Greater Essex County District School Board and the Greater Windsor Essex Catholic District School Board and the Conseil Scholaire de District des Ecoles Catholiques du Sud-Ouest, be bused to a distant school with available capacity.
21. The Transferee acknowledges that the Municipality of Leamington may require that sidewalks be installed on both sides of all collector roads and at minimum one side of all roads, and there may be a sidewalk on their Property.
22. Building permit securities are to be paid by the Transferee to the Municipality of Leamington in accordance with the Municipality of Leamington at the time of issuance of a building permit.
23. Fencing to be constructed of vinyl, wrought iron or other material pre-approved by Golfwood Lakes Inc., in a good and workmanlike manner. Property owners with lots backing onto Golfwood Lakes and Erie Shores Golf Club, namely lots 1-27, 38-42, and those choosing to install fences must do so providing open slat/web, iron or metal design, so as not block the visual site and appearance of the Lake and Golf Course from other adjoining property owners.
24. Property owners with lots backing onto Golfwood Lake and Erie Shores Golf Club, namely Lots 1-27 and Lots 38-42, choosing to install a shed of any size or any other accessory building or deck in the rear yard, must locate the shed, accessory building or deck so as not to block the visual site and appearance of the Lake and Golf course from other adjoining property owners.
25. No satellite dish with a diameter measurement in excess of 32” is permitted on any lot. No satellite dish or TV tower/antenna shall be installed at the front of the home. No satellite dish shall be erected so that it is more than three (3) feet above the top of the roof of the dwelling unit. No satellite dish, antenna, aerial weather vane or any other ornament be affixed to the roof or protrude through the roof of the dwelling. Solar panels, both ground based or affixed to the roof, are prohibited.
26. No trucks over 3/4 tons, boats, campers or RV’s shall be parked or stored overnight on any lot or street within the subdivision.
27. No more that one (1) motorized golf cart per residence and such golf cart must be recharged and remain stored in garage after daylight hours.
28. The Municipality of Leamington and the Transferor has entered into a Development Control Agreement whereby all Purchasers are under advisement that the adjacent operating golf course, as a result of the nature of its activities, may create various noises and other disturbances, including spray drift, and a possibility of golf balls leaving the golf course from time to time.
29. The Municipality of Leamington and the Transferor has entered into a Development Control Agreement whereby all Purchasers are under advisement that the adjacent properties include land of industrial uses, which may create noise, dust, traffic and odors from time to time.
30. Above grade swimming pools are prohibited.
31. Construction shall not commence or continue on the property unless a disposal bin of an adequate size has been placed on and remains on the property (location to be determined by the developer) to accommodate the proper disposal of refuse or recycling.
32. In the event that a portion or portions of these Restrictive Covenants shall be deemed unenforceable or non applicable, such portion or portions shall be deleted from this document and the balance of the restrictions shall remain in full force and effect.
GOLFWOOD LAKES INC.