Protective Covenants

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PROTECTIVE COVENANTS
Rules and Regulations
NETHERVUE PLACE

(forming part of the Lease between the Landlord and the Tenant)

1. HOMES

        All homes shall be Canadian Standards Association (CSA) approved and shall be erected and installed in a proper and workmanlike manner and in accordance with plans, specifications and site location approved by the Landlord in writing and no building, fence, baby barn, deck or other erection, outbuilding or structure of any kind shall be constructed or placed on the lot otherwise than in conformity with such plans, specifications and siting plan.

2. PROPOSED ADDITIONS OR ALTERATIONS

        Any proposed addition or alteration to the home or other structure erected on any lot such as decks, baby barns and fences, must be in accordance with the specifications, dimensions and standards, including exterior siding, as determined by the Landlord and must first be approved by the Landlord in writing.  Metal out-buildings and portable, temporary, or fixed carports and garages are not permitted.   

3. SKIRTING

        All homes must be skirted with vinyl skirting and have black vinyl ground sealant installed within thirty (30) days of arrival,  to the satisfaction of the Landlord.  Skirting color, size, and manufactured material must be approved by the Landlord    Should skirting and ground sealant not be completed within the thirty (30) day period, the Landlord may, at its option,  skirt and seal the home at the Tenantís expense, and such expenses shall be payable by the Tenant to the Landlord immediately upon completion.

4. STAIRS & DECKS

        Both front and rear stairs must be built and fully finished (painted or stained) within thirty (30) days of home arrival.  Stairs must have a minimum size landing of a four (4') foot by four (4') foot with proper railing and lattice work or spindles closing in the openings between the railing and landing,  the railing and risers and the landing to the ground on the exposed sides.  Decks are subject to the same requirements.

5. PROPANE AND OIL STORAGE TANKS

        Propane storage tanks are not permitted in Nethervue Place without prior written consent from the Landlord.  Oil storage tanks of any kind are not allowed.  Wood stoves and wood-burning fireplaces are a severe fire hazard and are thus not permitted.  

6. ENVIRONMENTAL RESPONSIBILITY

        Clean-up of any spills, soil contamination or damage of any type to the soil or to Nethervue Place property in accordance with government requirements will be the responsibility of the Tenant, and the Tenant shall be fully responsible and shall immediately pay all costs incurred.    The Tenant shall maintain insurance for environmental damage and liability and provide proof thereof if required by the Landlord.

7. HYDRO

        Electrical hook-ups must be connected by NB Power or a licensed professional electrical contractor.

8. AERIALS, ANTENNAS, AND SATELLITE DISHES

(a) No outside aerials or TV antennas shall be erected.

(b) No satellite dishes greater than   24" in diameter shall be erected on a lot and only at a location on the lot or home approved by the Landlord in writing.

(c) Cable is provided by Rogers Cable to Nethervue Place.  Tenants may subscribe thereto at their own expense.

9. CLOTHESLINES

        Only self-supporting, pole/umbrella type clotheslines shall be permitted on a lot.  Clotheslines must be placed at the rear of the Tenantís home, at a location to be approved by the Landlord.

10. INSULATION OF WATER LINES

(a) The Tenant shall ensure that heat tapes and insulation are properly installed and in working order by November 1st of each year.

(b) All costs associated with repairing and replacing frozen water pipes above the frost line shall be the responsibility of and paid by the Tenant immediately upon completion of the work.

(c) Under no condition shall the Tenant leave taps running. This applies especially in cold weather since it will cause a build-up in the sewer pipe and eventually a flood in the Tenantís home and a frozen system.

11. WASTE DISPOSAL

        Nothing except toilet paper and human excreta is to be flushed into the sewer system.  The following will clog the drains: rubber and plastic goods; diaper liners; vegetable parings; fat from cooking; razor blades; kleenex; hair; dish cloths; combs; sanitary napkins; socks; toys; other clothing etc. Nothing should be dropped or placed into manholes.  Tenants are responsible for keeping the sewer line from their home to the mainline free from obstructions.  Any costs for clearing, repairing or replacing a clogged sewer line shall be paid by the Tenant immediately upon completion.

12. UTILITIES

        The Tenant shall pay, as they become due, all charges for electricity, cable, telephone and all other utility services provided in connection with the occupancy of the Tenantís home.

13. PROPERTY TAXES

        The Tenant shall promptly pay to the Province of New Brunswick, Department of Finance all property taxes assessed against the Tenantís home and outbuildings.

14. GARBAGE COLLECTION AND STORAGE

        Garbage collection is provided by the City of Fredericton on days designated by the City.

(a) All waste, refuse and household garbage must be kept in  a Trius ďDollyĒ container situated at the rear of the Tenantís home.  Tenants are required to purchase or lease a ďDollyĒ from Trius Disposal Systems Ltd.

(b) Trius Dollys must not be placed at curbside prior to the designated day of garbage removal services.

(c) The Tenant must remove garbage and debris on a weekly basis.  Where the Tenant fails to comply, the Landlord may remove the garbage and debris and all costs and expenses incurred by the Landlord in so doing will be immediately due and payable by the Tenant.

15. CARETAKING & MAINTENANCE RESPONSIBILITIES

(a) It is the responsibility of the Tenant to ensure that lawns and the lot are maintained and lawns are mowed to the edge of the road, once a week during summer, that clipping is done around the perimeter of the home and that the lot is at all times kept in a neat, tidy, sanitary and proper condition acceptable to the Landlord.  

(b) Where the Tenant fails to comply with the aforementioned responsibilities  the Landlord may complete the necessary maintenance and caretaking, and all costs and expenses incurred by the Landlord will be immediately due and payable by the Tenant.

(c) The Tenant shall keep the driveway, walks and stairs on the lot free and clear of snow and ice.  Snow and ice from the Tenantís lot shall not be placed on the streets.

16. REMOVAL OF TREES

        No living tree shall be cut down, destroyed  or removed without first receiving the written permission of the Landlord.  If any tree is cut down, destroyed or removed without permission, the same will be replaced at the expense of the Tenant.

17. PLANTING OF TREES

(a) The planting of willow and poplar trees shall not be allowed.   The Landlord is not responsible for trees, edgings, etc. planted near the roadside that are damaged during snow removal and other road maintenance.

(b) The planting of other types of trees, shrubs, or flowers, etc. on a lot shall be allowed and encouraged at locations approved by the Landlord.  Shrubs and trees added to a lot must remain if the Tenant moves from Nethervue Place.

18. RENT

(a) Rent payments shall be made by the Tenant to the Landlord by a series of post-dated cheques.  During the month of August in each year the Tenant shall provide the Landlord with 12 post-dated cheques dated the first of each month beginning with the month of September.

(b) Rent is due and payable on the first day of the month.

(c) If a cheque is returned to the Landlordís bank  for any reason it shall immediately be replaced by the Tenant, and there shall be a twenty dollar ($20.00) service charge payable immediately by the Tenant to the Landlord.   The service charge shall be forty dollars ($40.00) per occurrence thereafter. 

19. MOTOR VEHICLES

(a) No commercial vehicles larger than a Ĺ ton truck or van service vehicle shall be parked or placed on any lot.


(b) Motor vehicles that are not serviceable in nature shall not be stored or kept on the lot or in Nethervue Place and may be removed without notice by the Landlord at the Tenantís expense.

(c) Oil and filter changes and any major automotive repairs  shall not be permitted in Nethervue Place on any lot or common area.

20. MOTORISTS

        When driving on Nethervue Place private roadways, the Tenant shall observe extreme caution and abide by all posted traffic signs.  Speed shall not exceed 30 Km.

21. PARKING

(a) Each lot has driveway parking available for a maximum of two passenger vehicles.  Tent, camper and travel trailers and truck campers may not be stored or parked regularly at Nethervue Place.  There is no parking permitted on lawns.  The Tenant is responsible for repairs should the Tenant or a visitor to the Tenant damage the lawns or property of the Tenant, a neighbour or Nethervue Place.

(b) Overnight roadside parking of any vehicles between October 15th and April 1st is strictly prohibited.  Any vehicle in violation of this regulation is liable to be towed away at the ownerís expense without notice.

(c) Regular roadside parking is strictly prohibited.  Vehicles may be towed away at the ownerís expense without notice.

22. DAMAGE TO PROPERTY

        Any damage to property caused by the Tenant or the Tenantís visitors will be charged to and immediately paid by the Tenant.
        

23. LOUD NOISE

        The Tenant and any occupants or visitors to the Tenantís home shall not create any loud noises or play loud music so as to disturb other Tenants in Nethervue Place or occupants of adjoining properties.  The Tenant and the Tenantís visitors shall observe a common quiet time of 10:00 p.m. in Nethervue Place.

24. KEEPING OF ANIMALS

        Written permission from the Landlord is necessary prior to the Tenant keeping cats, rabbits or other animals.  Small dogs, if allowed, and any other permitted animals including cats must live indoors.  There will be no outside pet homes or shelters allowed.  No animal is to be tied on a leash and left outside for extended  periods of time.  Complaints from neighbours will result in removal of the pet at the expense of the Tenant.

25. IMPROVEMENTS TO THE LOT

        Any improvements done to the lot by the Tenant, including labour and materials, shall remain and always be the property of the Landlord without compensation to the Tenant upon termination of the Tenantís tenancy.

26. MAIL SERVICE

        To ensure prompt mail delivery and aid in promoting a positive image for Nethervue Place, check with Canada Post for proper mailing address and delivery box location.

27. TRESPASSING

        The Tenant has the right to request that no one trespass on the Tenantís lot.   The Landlord will assist with prosecuting trespassers, if requested. 

28. COMPLIANCE WITH LAWS

        The Tenant shall comply at all times with all federal, provincial and municipal laws, regulations, by-laws, and zoning requirements in connection with the occupation of the Tenantís home and lot.

29. TRANSFER OF HOME FROM PARK SITE

(a) The Landlord requires two months written notice to vacate.  The Tenant shall arrange for a time satisfactory to the Landlord to have the home removed from Nethervue Place and all rents, charges, expenses and fees shall be paid in full prior to the date of moving.

(b) The home must be moved from Nethervue Place by a transport company approved by the Landlord.  The Tenant and transport company shall be responsible for any damages to Nethervue Place property which are a result of the home being moved, (i.e., landscaping, tire ruts, etc.).  Immediately following the removal of the home from the lot the Tenant shall be responsible for the complete clean-up and restoration of the lot.  Any and all debris, blocking, etc. shall be removed from the lot.

(c) The Tenant shall, prior to removal, pay the Landlord a deposit of $500 for the restoration of the lot after home removal.  Any portion of the deposit unused for restoration of the lot after home removal will be refunded to the Tenant.  

30. SALE OF HOME

        If you are contemplating selling your home, please contact the Landlord as there is a definite procedure to follow.   The Tenantís lease is not assignable without the consent of the Landlord.  Although anyone has the right to sell their home, the Landlord has the final decision on who will and will not become a resident of Nethervue Place.  If you do wish to sell your home, the Landlord would like the opportunity to represent you as your agent.

31. OCCUPATION OF HOME

        The Tenant shall not rent the home located on the lot to any third party during the term of this Lease or any renewal thereof.  All persons living at the Tenantís home must be registered with the Landlord.

32. CHILDREN

        For safety reasons, children are not to play on or near the roadways or any service shops.  Children are also required to abide by all rules and regulations as set forth in the Lease.  

33. SNOWMOBILES/ATVíS, etc.

        The use of snowmobiles, all-terrain vehicles, dirt bikes, go-carts and similar vehicles is prohibited within Nethervue Place.

34. SIGNAGE

        No advertising or signs of any kind shall be allowed on a lot, common area or street, or be posted in a home where they are visible from outside of the home and the Landlord may remove any such advertising or signs at the expense of the Tenant.   However, City by-laws require that your designated civic street number be clearly displayed on the front of your home.

35.  BUSINESSES

There will be no businesses located or operated by the Tenant in Nethervue Place. 

36. SERVICES

        Should the Tenant wish the Landlord to provide services on or about your home, please contact the Landlord directly.  The Landlord will schedule the work and bill you at an hourly rate upon completion. 

        It is understood and agreed between the Landlord and the Tenant that no consent to changes in, or waiver of, any part of the aforementioned Rules and Regulations shall be deemed to be taken or made unless the same is done in writing and attached to or endorsed thereon by the Landlord.

 

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Last modified: November 22, 2003