No. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines

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adult uses, as defined by the South Bend Municipal Code as of the date of the of the adoption of these Covenants 4.2 Uses not specifically permitted. Uses not specified as permitted are prohibited unless approved by the Commission. 4.3 Limitations on Truck Traffic. Truck traffic in Blackthom is limited to delivery service required for normal, day to day operations. Trucks with more than three (3) axles or over ten thousand (10,000) pounds gross vehical weight (particularly semi - trailer trucks) are prohibited from general business activity in Blackthom. Uses which would require daily use of such trucks are prohibited uses. 4.4 Permitted Uses. For the purposes of setting forth the permitted and prohibited uses of Blackthom, Declarant has divided the permitted uses into three use categories, designated as (A) "Corporate Office ", (B) "Support Office/Research ", and (C) "General Business." 4.5 Use Designation. The Commission will designate the use of each platted Lot in Blackthom according to the use map illustrated in Exhibit "B." No Owner may change the designated use of a Blackthom Lot or establish or suffer a prohibited use on a Blackthom Lot, as defined in this Declaration. 4.6 Request for Re- designation. An Owner may submit to the Commission, or the Board when the Declarant owns less then five percent (5 1/o) of Blackthom, a request to re- designate the use of the Owner's Lot or otherwise modify, change or adjust the established or existing use of the Lot. Any such request shall be in writing and delivered to (a) the Commission, so long as the Declarant owns at least five percent (5 %) of the land area in Blackthom, or (b) I the Declarant no longer owns at least five percent (5 %) of the land area in Blackthom, the Board. a. If the request is made to the Commission, the Commission shall approve or reject such request within sixty (60) days of Commission's receipt of the request. The Commission shall have the right in its sole and absolute discretion to accept or reject such request. Any such request shall be deemed rejected unless the Commission notifies the requesting Owner of approval within such sixty (60) day period. If the request is made of the Board, the Board shall review the request and either reject the request in writing or submit the request to a vote at a special meeting of the members of the Association. The Board's action shall be taken within sixty (60) days of its receipt of the request. If the Board fails to take action within said sixty (60) day period, the request is deemed rejected. If the Board submits the request to a vote of the Association members, the special meeting shall be held within ninety (90) days of the Board's receipt of the request. The request will be approved only upon a majority vote in favor of the approval. Any such request shall be deemed rejected unless so approved within the ninety (90) day period provided above. 4.7 Description of Uses. The following describes each of the three use categories. Parking structures are excluded from the calculation of the total gross floor area of a building. Blackthorn Corporate Center - Covenants & Restrictions 411193