THE FIRST SCHEDULE HEREINBEFORE REFERRED TO:

Conditions Restrictions and Stipulations

  1. No building or structure of any kind shall be built placed or erected on any lot in the said Subdivision unless and until the plans elevations and location thereof have been approved in writing by the Vendor (such approval not to be unreasonably withheld) and no alterations to the exterior structure or elevation of any such building or structure shall be made without the like approval of the Vendor. Every application for such approval shall be accompanied by a complete set of plans and details of the proposed structure or alteration and a plan of the lot showing the location thereon of the said proposed building or structure and the septic tank serving same.
  2. Not more than one private residence or dwelling house with appropriate outbuildings (including rooms for the accommodation of guests servants’ quarters and garage or combined garage and apartment) shall be built on any lot of land in the said Subdivision PROVIDED ALWAYS that nothing herein contained shall be deemed to restrict the building of one private residence or dwelling house on more than one lot of land in the said Subdivision.
  3. No building including porches or projections of any kind shall be built or erected at a less distance than Fifteen (15) feet from the boundary lines of any lot in the said Subdivision.
  4. No outside toilets shall be erected or maintained on any lot in the said Subdivision. Adequate septic tanks shall be installed and no flow of sewage to adjoining sea shall be permitted.
  5. No “duplex” house apartment house hotel or other building which is for occupation by more than one family with its guests and servants shall be built on any lot in the said Subdivision.
  6. No private residence or dwelling house with an interior floor area of less than One thousand (1,000) square feet shall be built on any lot in the said Subdivision.
  7. No boundary walls or fences may be erected on any lot in the said Subdivision higher than Five (5) feet Six (6) inches above the ground provided however that the Vendor may in its discretion approve minor projections above the restricted height or additional height or such boundary walls or fences for architectural features and aesthetic reasons. No fences barricades walls cabanas boathouses or other obstructions shall be constructed on the beach in front of any of the lots in the said Subdivision unless the plans thereof are approved by the vendor in writing.
  8. No damage or alteration in the nature of the coastline adjoining any lot in the said Subdivision shall be made by the construction of any sea wall groin pier wharf or abutment or any boathouse ways or other facilities for the hauling out of any boat or vessel or by the reclamation of any portion of the bed of the sea below the high water mark without the consent in writing of the Vendor notwithstanding the consent for such alteration change or reclamation may have been obtained from the Crown provided that nothing herein contained shall be deemed to refer to any accretion to the shoreline of any lot of the said Subdivision occurring entirely through or by reason of natural causes.
  9. No house or other structure shall remain unfinished for more than two years after construction work on the same shall have been commenced.
  10. Nothing shall be done on any lot in the said Subdivision whereby the natural flow of surface water shall be increased or altered in such manner as to cause a nuisance to any adjoining or neighbouring property.
  11. No trade manufacture business or commercial undertaking (including the business of a guest-house proprietor boardinghouse keeper or hotel operator) and no profession other than the profession of a doctor or dentist shall be carried on any lot in the said Subdivision.
  12. No temporary building of any kind shall be built on any lot in the said Subdivision except sheds or workshops to be used only for the works incidental to the erection of any permanent buildings thereon.
  13. No sign of any character shall be displayed or placed upon any lot in the said Subdivision until such sign shall have been approved of by the Vendor in writing Provided Always that this restriction shall not affect the display of any sign of reasonable appearance and size indicating the name of the owner of any lot and/or the name of his residence.
  14. Nothing shall be done on any lot in the said Subdivision which may be or become an annoyance or nuisance to the owners or occupiers of any adjoining or neighbouring property.
  15. No unlawful or objectionable use shall be made of any lot in the said Subdivision.
  16. No lot in the said Subdivision shall be used as a dumping ground for rubbish trash garbage or other waste matter and no incinerator shall be permitted nor shall any garbage or other waste matter be kept otherwise than in sanitary containers and no equipment for the storage or disposal of such material shall be exhibited or readily amenable to the view of other owners of lots in the said Subdivision.
  17. No pigs cows horses poultry or objectionable animals or creatures shall be kept raised or maintained on any lot in the said Subdivision PROVIDED ALWAYS that cats and dogs shall not be deemed to be objectionable animals.
  18. The owner or owners of any lot in the said Subdivision will on the written request from time to time of the Vendor pay to the Vendor a proportion of the total costs and expenses from time to time incurred by the Vendor in repairing and maintaining the roads drainage street lighting and other common facilities serving the said Subdivision.  The said proportion shall be determined by the Vendor by reference to the road frontage of any lot in the said Subdivision in relation to the total road frontage of all the lots in the said Subdivision and the Vendor’s determination of the said proportion and of the amount due from each lot owner shall be final and binding on the owner of each lot in the said Subdivision. The amount so due from any lot owner in the said Subdivision shall be payable within Thirty days of the receipt by the said lot owner of the said written request by the Vendor.
  19. No well for the taking of water or drainage shall be bored dug or sunk on any lot in the said Subdivision by any person other than the Vendor except with the prior written approval of the Vendor as to number and depth of such wells, and except otherwise than in compliance with any and all standards conditions rules regulations and bye-laws from time to time promulgated by any competent public authority.
  20. No lot or contiguous group of lots in the said Subdivision shall ever be re-subdivided by any lot owner either by way of Conveyance or Lease unless such re-subdivision shall be approved of in writing by the Vendor.
  21. (a) The Vendor reserves and shall have the right to impose in relation to lots in the said Subdivision additional restrictions and conditions on any of them and to vary the existing restrictions Provided that any such additional restrictions or conditions or variation of these restrictions and conditions shall only be imposed if the same are approved by a majority of the owners for the time being of the lots in the said Subdivision and then lodged for record in the Registry of Records of the said Commonwealth.
    (b)  In the event of any additional restrictions or conditions or any variation of these restrictions and conditions being approved and lodged for record as aforesaid the same shall bind each and every lot owner as though the same had been incorporated in this Schedule and each and every lot owner had covenanted to observe and perform the same.