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

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Guidelines and shall use its discretion to insure that all Improvements harmonize with other existing or proposed Improvements to Blackthom with respect to external design, .,. color scheme, shape, height, type of materials, quality of workmanship, kxation, P topography, finish grade elevation, preservation of views, natural resource conservation, circulation patterns, vehicular access, pedestrian circulation, parking, landscaping and easements so that development will further the purposes of Article 11 hereof. 5.3 Right to Disapprove Similar Plans. Declarant hereby acknowledges that the Committee, in the exercise of the reasonable judgment of the members thereof may from time to time approve plans and spec'if'ication for an Improvement which, after completion, produces an effect and/or gives the appearance which, in retrospect, is determined to be inconsistent With the intention of Article II hereof. Therefore, Declarant hereby declares that the construction of an Improvement pursuant to plans and specifications approved by the Committee shall not be deemed to create any right whatsoever on the part of any party to demand or require, either by legal proceedings or otherwise, that the Committee approve plans and specifications which are either identical to or substantially the same as plans and specifications previously approved by the Committee for other Improvements, and the Declarant and the Committee hereby reserves the right to disapprove subsequently presented plans and specifications similar or identical to those previously approved. 5.4 Application for Approval. Plans and specifications and an application requesting approval thereof shall be submitted to the Committee at the expense of the Applicant and prior to submission to City and/or State of Indiana for building permits. Applicants must submit four sets of plans and specifications (one set must be in reproducible form) to the Committee. Such plans and specifications shall include: a. Architectural plans and specifications including Building elevations, types of materials, exterior colors, exterior Lot lighting, a brief description of mechanical and structural systems, floor plans and roof construction and appurtenances; b. A Site plan showing the location and design of all Improvements, including without limitation: lighting plan, number, size and layout of parking spaces, ingress/egress, setbacks, grading, drainage, easements, utilities, Sign locations, and refuse collection; c. Complete grading and drainage plans showing all relevant elevations of drainage and retention areas, flow points and storm detention, and provisions for erosion control; d. Proposed construction schedule covering each phase of construction on the Site; e. Description of proposed operations and/or uses, including the number of employees intended to work in such development; f. Characteristics of the intended use of the Site with emphasis on measures taken to mitigate any adverse effects caused by the development; g. Anticipated water and sewer demand, with supporting data; Blackthorn Corporate Center - Covenants & Restrictions 411193