GOLFWOOD LAKES .... love where you live

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.  For the purpose of clarification and without limiting the foregoing, the aforenoted does not include pre-manufactured or pre-engineered homes.  Construction of said dwellings must not be commenced or completed by anyone other than a Contractor registered in good standing with TARION New Home Warranty Corporation.

2.

No dwelling shall be erected on the Property unless the exterior of the buildings (including garages) are constructed as follows:

3.

If the frontage of the Property is sixty-five (65) feet or greater; no dwelling shall be constructed thereon of a size which is less than the following:

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.

If the Property has a frontage of less than sixty-five (65) feet, no dwelling shall be constructed of a size that is less that the following:

5.

For the purposes of this paragraph 1, the following definitions shall be applicable thereto:

6.

No property shall remain vacant without construction of a single family residential dwelling for a period longer than eighteen (18) months from the date of registration of the Transfer of the Property.  In the event that construction of the dwelling is not commenced within twelve (12) months and completed within the aforementioned eighteen (18) month period, the Transferees hereby covenant and agree that the Transferor shall have the right to demand and obtain the reconveyance of the said Property for the original purchase price less twenty percent (20%), and less any real estate agent’s commission.  The Transferor shall have sixty days (60) from the expiration of the aforementioned eighteen (18) month period, during which time the Transferor shall request reconveyance by the Transferee and reconveyance shall be completed within sixty (60) days from the date such notice is given.  For purposes of this paragraph, commencement of construction shall mean the obtaining of a building permit and the substantial completion of the dwelling.

7.

No driveway may be finished with any material other than concrete or brick pavers, and no driveway may be unfinished for a period of longer than one (1) year from the occupancy permit being issued by the Municipality.

8.

The Property must not remain unseeded/un-sodded 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.

9.

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.

10.

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 Homebuilder).  The Municipality of the Transferor or any one of its authorized agents or employees have the right to enter on the Property to ensure compliance with this or any other Restrictive Covenants set forth herein.

13.

The Transferee agrees not to construct any dwelling or any improvements on the Property unless in accordance with the plan and drawings and specifications approved by the Transferor.  The Transferee shall forthwith remedy any non-compliance with the foregoing, failing which the Transferor or its agents may enter upon the Property and achieve such compliance at the expense of the Transferee.   The Transferee agrees to compensate and hold the Transferor harmless from all injury, damages, and/or liability caused by an act, omission or occurrence arising out of the construction of any dwelling and/or other improvements on the Property, or other work being done in connection therewith, or for which the Transferee is responsible and to likewise indemnify and reimburse the Municipality and the County for any injury or damage done to their respective property or works.

14.

The Transferee shall not deviate from the requirements of the Official Plan of the Corporation of the Municipality of Leamington and the provisions of all zoning by-laws applicable to the Property.

15.

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 and occupancy permit fees.  The Transferee shall make and pay for all applications for hydro and 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.

16.

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 the total 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.  The Transferee shall not interfere with the staking of the Property.  After the transfer of title to the property, the Transferor shall not be required to replace or relocate staking unless the Transferor or its agent damages or removes such stakes.

17.

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.

18.

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 and forthwith at the Transferee’s expense.

19.

The Transferee shall not commence or continue construction on the Property unless the Transferee provides disposal bins on the Property (locations to be determined by the Transferor to accommodate the proper disposal of refuse and debris).

20.

The Transferee shall not permit the Property to have a surface grade except in accordance with the overall grading plan prepared by the Transferor, and any deviation therefrom must be submitted by the Transferee to the Transferor for approval and any cost associated therewith incurred by the Transferor shall be borne by the Transferee.

21.

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.

22.

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.

24.

The weeping tiles on the Property shall not be left unconnected to sump pumps, said sump pumps not to discharge anywhere except to the storm sewer system, by way of the individual service connections for the Property.

25.

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.

26.

The Property is subject to all present and future building restrictions and by-laws as the Municipality of Leamington may require form time to time.

27.

The Transferee is advised that there may not be any elementary and/or secondary school available in the area of the Property and students may be bused to the next available school.  The present existence of such a school is not a guarantee of its future availability and busing may be required due to future circumstances.

28.

The Corporation of the Municipality of Leamington and the Transferor have entered into a Development Agreement regarding the subject lands whereby the Transferor of the subject lands is required to pay the applicable development charges in accordance with the Town’s Development Charges By-law, and such charges are required to be calculated and paid at the final building permit issuance to be paid by the Transferee.

29.

The Transferee acknowledges that the Municipality of Leamington requires that sidewalks on both sides of all collector roads and at minimum one side of all roads, and there may be a sidewalk on the Property and fees to be paid by transferee.

30.

In the event that a portion or portions of these Restrictive Covenants shall be deemed unenforceable, such portion or portions shall be deleted from this document and the balance of the restrictions shall remain in full force and effect.

31.

A tree planting fee of $250.00 per lot is to be paid by the transferee to the Municipality of Leamington at the time of issuance of a building permit.

32.

Building permit securities in the amount of $1,000.00 per lot are to be paid by the transferee to the Municipality of Leamington in accordance with Section 46 of the Development Control Agreement, referring to rear yard storm water drainage, grades, elevations, drainage, and driveways.

33.

The Transferee is responsible to pay to the Municipality of Leamington at the time of issuance of a building permit, a curb encroachment fee in the amount of $1,200.00 per lot.

34.

Fencing to be constructed of wood or vinyl materials in a good and workmanlike manner.  Property owners with lots backing onto Golfwood Lakes, namely lots 26-33, 50-52, 54, 55, 58-61, 71-75, and those choosing to install fences must do so providing open slat/web design, so as not to block the visual site and appearance of the Lake from other adjoining property owners.

36.

Any decking must be either concrete, wood or composite materials constructed in a good and workmanlike manner consistent with, and matching that of adjoining property owners.

37.

No satellite dish with a diameter measurement in excess of 24” is permitted on any lot.  No satellite dish or TV tower/antenna shall be installed at the front of the home.

38.

No boats, campers, RVs or trucks over ¾ ton shall be parked on any lot or street within the subdivision

39.

No more than one (1) motorized golf cart per residence and such golf cart must be recharged and remain stored in garage after daylight hours.