HomeMy WebLinkAboutNo. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines9 3 Z4 V C V
RESOLUTION NO. 1147 -
A RESOLUTION OF.THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING DECLARATION OF PROTECTIVE AND
RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE CENTER
AND BLACKTHORN CORPORATE. CENTER DEVELOPMENT GUIDELINES
WHEREAS, the South Bend Redevelopment Authority (the "Authority ")
is the owner of certain real property situated in northwest St.
Joseph County, Indiana, more particularly described at Exhibit "A",
attached hereto and incorporated herein; and.
WHEREAS, the South Bend Redevelopment Commission ( "Commission ")
is Lessor of said real property and owner of the real property
described at Exhibit "B" hereto, and
WHEREAS., the real property described at Exhibit "A" and "B"
combine to form what is hereafter referred to as Blackthorn Corporate
Center;. and
WHEREAS, the Authority, in conjunction with the South Bend
Redevelopment Commission., intends to develop the Blackthorn Corporate.
Center as a first - class, planned.business campus, composed of
corporate office; support office and research, and.general.business
uses and.associated facilities; and
WHEREAS, to ensure that Blackthorn Corporate Center will be
maintained as an attractive campus -like setting for businesses, with
ample landscaped.a.reas, attractive high duality structures, proper
and desirable uses, and appropriate development; to protect against,
undesirable uses, to guard against the construction of improvements.
built of improper materials or design; to encourage the construction
of attractive improvements in appropriate locations;. to prevent
hazardous and inharmonious development of the Blackthorn Corporate
Center; to secure and maintain proper setbacks and adequate free
spaces between structures; and generally to provide a high type and
quality of development at the Blackthorn Corporate Center, the
Authority and Commission have prepared or caused to be prepared the
"Declarations of Protective and Restrictive Covenants of Blackthorn
Corporate Center" and "Blackthorn Corporate Center Development
Guidelines," both separately attached hereto.and marked as Exhibit
"C" and "D ", respectively, and made a part hereof...
NOW, THEREFORE, BE IT RESOLVER BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The "Declarations of Protective and Restrictive Covenants of
Blackthorn Corporate Center" appended hereto as Exhibit "C", as they
apply to the real property described at Exhibits "A" and. "B" hereto .
shall be and hereby are approved.
2. The "Blackthorn Corporate Center Development Guidelines."
appended hereto as Exhibit "D ", as they apply to the real property
described. at Exhibits "A" and "B" hereto shall be. and hereby are
approved..
3. The Secretary of the Commission is hereby directed to record.
in the Office of the St. Joseph County Recorder a.copy of this
Resolution, along with all attachments and a copy of any resolution
concerning the same approved by the South Bend Redevelopment.
Authority.
This resolution shall be in full. force and. effect from and after
its adoption. 1��
yam.
Adopted at the regular meeting of the South Bend Redevelopment.
Commission held March 19, 1993, at 10:00 a.m., 1308 County-City
Building, South Bend, Indiana 46601.
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ATTEST:
Theo F. Sharp
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t
SOUTH BEND REDF-IEWPMENT. COMMISSION
Paula N. Auburn, President
EXHIBIT A
w 10P T :[,OT I:
A part of the Southeast Quarter (SEA) of Section 19
and a part of the Northwest Quarter (NWA) and a
part of the Southwest Quarter (SWA) of Section 20
all in Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the southwest corner of the Southwest
Quarter of said Section 20, also being the
southeast corner of the Southeast Quarter of said
Section 19, thence North 00 014'09" West a distance
of 70.00 feet along the east line of said Southeast
Quarter also being the west line of said Southwest
Quarter to the Point of Beginning of this
description; thence North 89 °47'23" West a distance
of 331.96 feet parallel with and 70.00 feet north
of the south line of said Section 19, thence North
00 012'37" East a distance of 35.00 feet; thence
North 89 047123" West a distance of 1109.88 feet
parallel with and 105.00 feet north of said south
line; to the east right of way line of Ramp "H -1 -A"
of the Indiana Toll Road - U.S. 31 Bypass
interchange, thence North 00 °09146" East a distance
of 95.12 feet along said east right of way line,
thence North 19 007138" West a distance of 105.95
feet along said east right of way line; thence
North 00 009147" East a distance of 613.95 feet
along said east right of way line, thence North
27 051125" East a distance of 177.09 feet along said
east right of way line to the southeast right of
way line of Ramp 71 of the Indiana Toll Road - U.S.
31 Bypass interchange; thence North 55 033103" East
a distance of 195.00 feet along said southeast
right of way line; thence North 45 009146" East a
distance of 196.84 feet to the south line of the
Northeast Quarter (NEA) of the Southeast Quarter
(SEA) of Section 19, also being the south line of a
parcel of land referenced in a "Quit Claim Deed" to
the Indiana Toll Road Commission (Book 825, Page
591, St. Joseph County Recorder), thence South
89 034136" East a distance of 986.04 feet along said
south line to the southwest corner of a parcel
referenced in a "Warranty Deed" to the South Bend
Redevelopment Authority (Document No. 9127017, St.
Joseph County Recorder), thence North 00 °14'09"
West a distance of 1029.71 feet along the west line
of said parcel to the southeast right of way line
of the Indiana Toll Road; thence North 40 °30'00"
East a distance of 153.41 feet along said southeast
right of way line, also being the northeast line of
said "Warranty Dced" to the South Bend
Redevelopment Authority, to the east line of the
Southeast Quarter (SEt) of Section 19; thence North
40 026`51" East a distance of 222.43 feet along said
southeast right of way line also being the
northeast line of said "Warranty Deed" to the South
Bend Redevelopment Authority, to the north line of
the Southwest Quarter (SWQ) of Section 20; thence
North 55 053147" East a distance of 126.65 feet
along said southeast right of way line to the north
line of a parcel referenced in a "Quit Claim Deed"
to the Indiana Toll Road Commission (Document No.
225535, St. Joseph County Recorder), also being the
south right of way line of said Indiana Toll Road,
thence South 89 °43102" East a distance of 1348.71
feet along said north line and also along the north
line of a parcel referenced in a "Special Warranty
Deed" to Richard E. Bradford and Helen M. Bradford
(Document No. 7920810, St. Joseph County Recorder)
also along a parcel referenced in a "Warranty Deed"
to the South Bend Redevelopment Authority (Document
No. 9133751, St. Joseph County Recorder), all being
along the south right of way line of the Indiana
Toll Road; thence South 00 016'58" West a distance
of 30.00 feet along an east line of said "Warranty
Deed" and also a west line of the Indiana Toll
Road; thence South 89 043102" East a distance of
412.00 feet along the north line of said "Warranty
Deed" also being the south line of the Indiana Toll
Road to the east line of said "Warranty Deed ";
thence South 00 116158" West a distance of 468.80
feet along the east line of said "Warranty Deed"
also being the west line of the Indiana Toll Road,
also along the west line of a "Warranty Deed" to
the State of Indiana (Book 538, Page 506, St.
Joseph County Recorder), thence South 89 °43102"
East a distance of 605.99 feet along the south line
of said "Warranty Deed" to the State of Indiana and
along the north line of said "Warranty Deed" to the
South Bend Redevelopment Authority; to the east
line of the Southwest Quarter (SW;) of Section 20,
also being the centerline of Mayflower Road; thence
South 00 019154" East a distance of 44.05 feet along
said east line to the north right of way line of
Nimtz Parkway, thence South 89 °40'07" West a
distance of 102.68 feet along said north right of
way line; thence North 89 049135" West a distance of
1134.31 feet along said north right of way line;
thence South 89 140107" West a distance of 103.05
feet along said north right of way line to the
point of curvature of a tangent curve to the left
having a radius of 790.00 feet, an internal angle
of 32 109'19" and subtended by a long chord having a
bearing of South 73 035128" West a chord length of
437.56 feet; thence westerly along said curve also
being along said north right of way line a distance
of 443.36 feet to a point of compound curvature
with a curve to the right having a radius of 30.00
feet, an internal angle of 80 °10'02 ", and subtended
by a long chord having a bearing of North 82 °24'02"
West a chord length of 38.63 feet; thence
northwesterly along said curve also along the east
right of way line of Northwest Loop Street a
distance of 41.98 feet to the point of tangency,
thence North 42 °19'01" West a distance of 271.63
feet along said east right of way line to the point
of curvature of a tangent curve to the left having
a radius of 110.00 feet, an internal angle of
180 000100 ", and subtended by a long chord having a
bearing of South 47 040159" West a chord length of
220.00 feet; thence southwesterly along said curve
also being the northwest right of way line of said
Northwest Loop Street a distance of 345.58 feet to
the point of tangency; thence South 42 °19'01" East
a distance of 271.63 feet along the southwest right
of way line of said Northwest Loop Street to the
point of curvature of a tangent curve to the right
having a radius of 30.00 feet, an internal angle of
80 °10'02" and subtended by a long chord having a
bearing of South 02 014100" East a chord length of
38.63 feet; thence southerly along said curve also
being along the west right of way line of Nimtz
Parkway a distance of 41.98 feet to the point of
compound curvature with a curve to the left having
a radius of 790.00 feet, an internal angle of
54 040109" and subtended by a long chord having a
bearing of South 10 031'06" West a chord length of
725.51 feet, thence southerly along said curve also
being along said west right of way line of Nimtz
Parkway a distance of 753.78 feet to the point of
tangency; thence South 16 048159" East a distance of
185.73 feet along said west right of way line to
the point of curvature of a tangent curve to the
right having a radius of 710.00 feet, an internal
angle of 38 143155" and subtended by a long chord
having a bearing of South 02 032'59" West a chord
length of 470.87 feet; thence southerly along said
curve also being along said west right of way line
a distance of 479.96 feet to the point of
nontangency, thence North 68 105'04" West radially a
distance of 150.00 feet; thence South 32 °04'34"
West a distance of 197.57 feet; thence South
47 045'49" East radially a distance of 150.00 feet
to the point of curvature of a nontangent curve to
the left, said point being on the west right of way
line of Nimtz Parkway, said curve having a radius
of 710.00 feet, an internal angle of 38 031159" and
subtended by a long chord having a bearing of South
61030111" West a chord length of 468.55 feet;
thence southwesterly along said curve also being
along said west right of way line a distance of
477.49 feet to the point of nontangency, said point
being on the west line of the Southwest Quarter of
said Section 20 also being the east line of the
Southeast Quarter of said Section 19, thence North
00 014109" West a distance of 20.33 feet to the
Point of Beginning and containing 91.190 acres,
more or less,
together with
LOT II:
A part of the Southwest Quarter (SW4) of Section 20
located in Township 38 North, Range 2 East, all in
German Township, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the South Quarter (S4) corner of said
Section 20; thence North 00 119153" West a distance
of 2135.00 feet along the North /South Quarter
Section Line of said Section 20 also being the
centerline of Mayflower Road; thence South
89 040107" West a distance of 102.84 feet along the
centerline of Nimtz Parkway; thence North 89 049135"
West 1134.31 feet along the centerline of Nimtz
Parkway; thence South 00 004144" East a distance of
40.00 feet to a point on the south right of way
line of said Nimtz Parkway,said point being the
Point of Beginning of this description; thence
South 07 110'25" West a distance of 450.00 feet;
thence South 72 024103" West a distance of 300.00
feet; thence South 00 019153" East a distance of
830.00 feet; thence North 87 145'14" West a distance
of 354.23 feet to a point on the east right of way
line of Nimtz Parkway, said point being the point
of curvature of a nontangent curve to the left
having a radius of 790.00 feet, an internal angle
of 19 103145 ".and subtended by a long chord having a
bearing of North 07 017'07" West a chord distance of
261.62 feet; thence northerly along said curve and
also along said east right of way line a distance
of 262.83 feet to the point of tangency of said
curve; thence North 16 048159" West a distance of
185.73 feet along said east right of way line to
the point of curvature of a tangent curve to the
right having a radius of 710.00 feet, an internal
angle of 106 °29'06" and subtended by a long chord
having a bearing of North 36 025134" East a chord
distance of 1137.67 feet; thence northeasterly
along said curve and also along said east right of
way line a distance of 1319.54 feet to the point of
tangency of said curve; thence North 89 040107" East
a distance of 102.69 feet to the Point of Beginning
and containing 14.690 acres, more or less,
together with
LOT III:
A part of the Southwest Quarter (SW4) of Section 20
and a part of the Northwest Quarter (NW4) of
Section 29, all located in Township 38 North, Range
2 East, German Township, St. Joseph County,
Indiana, more particularly described as follows:
Beginning at the South Quarter (SA) corner of said
Section 20, also being the North Quarter (N4)
corner of said Section 29; thence South 00 010'44"
East a distance of 970.00 feet, along the
north /south quarter section line of Section 29;
thence North 89 027'09" West a distance of 750.00
feet, parallel with the north line of Section 29;
thence North 52 059149" West a distance of 689.95
feet; thence North 00 010144" West a distance of
580.00 feet, parallel with the north /south quarter
section line of Section 29; thence North 48 052141"
East a distance of 857.93 feet; thence North
00 019153" West a distance of 700.00 feet, parallel
with the north /south quarter section line of
Section 20; thence North 10 015127" West a distance
of 406.08 feet; thence North 24 006'04" West a
distance of 438.80 feet to a point on the south
right of way line of Nimtz Parkway; thence South
89 049135" East a distance of 793.86 feet along said
right of way line; thence North 89 040107" East a
distance of 103.04 feet to the north /south quarter
section line of Section 20; thence South 00 019153"
East a distance of 2095.00 feet along said
north /south quarter section line to the Point of
Beginning and containing 63.129 acres, more or
less. Said parcel is subject to all right of way
and easements of record. EXCEPTING THEREFROM a
parcel of land located in the Northwest Quarter
(NW4) of Section Twenty -nine (29), Township
Thirty -eight (38) North of the Second Principal
Meridian and all being located in the City of South
Bend, German Township, St. Joseph County, Indiana
and more particularly described as follows:
Beginning at a monument, found, at this Northeast
Corner of the Northwest Quarter (NW4) of said
Section Twenty -nine (29); thence South 00 010'44"
East (this and all subsequent bearings being
referenced to the East line of the Southwest
Quarter (SWQ) of Section Twenty (20), Township
Thirty -eight (38) North, Range Two (02) East which
has a _grid bearing of North 00 019'53" West), along
the East line of said Northwest Quarter (NWQ) of
Section Twenty -nine (29), a distance of 970.00
AV feet; thence North 89027109" West, parallel with
the North line of said Northwest Quarter (NW4) of
Section Twenty -nine (29), a distance of 750.00
feet; thence North 52059149" West a distance of
689.95 feet; thence North 00010144" West, parallel
with the East line of the said Northwest Quarter
WWI) of Section Twenty -nine (29), a distance of
560.00 feet to the point on the North line of said
Northwest Quarter (NWQ) of Section Twenty -nine
(29); thence South 8902'7109" West, along the North
line of said Northwest Quarter (NWQ) of Section
Twenty -nine (29), a distance of 1299.74 feet to the
Point of Beginning.
Said parcel is also subject to an easement for
ingress and egress to the golf course. More
particularly described as follows: Beginning at
the North Quarter corner of Section 29; thence
South 00 110144" East a distance of 970.00 feet
along the east line of the Northwest Quarter (NW4)
of Section 29; thence North 89027109" West a
distance of 50.00 feet along a line 670.00 feet
south of and parallel with the north line of the
Northwest Quarter (NW4) of Section 29; thence North
00010'44" West a distance of 970.00 feet along a
line 50.00 feet west of and parallel with the east
line of the Northwest Quarter (NWQ) to the
intersection with the north line of the Northwest
Quarter (NW4) of Section 29 said line also being
the south line of the Southwest Quarter (SWQ) of
Section 20; thence North 00019153" West a distance
of 2.38 feet along a line 50.00 feet west of and
parallel with the east line of the Southwest
Quarter (SWQ) of Section 20 to the point of
curvature of a nontangent curve to the left having
a radius of 250.00 feet, an internal angle of
16015135" and subtended by a long chord having a
bearing of North 44040106" East and having a chord
length of 70.71 feet; thence northeasterly along
said curve a distance of 70.95 feet to the east
line of the Southwest Quarter (SWQ) of Section 20;
thence South 00019153" East a distance of 53.15
feet along said east line to the Point of
Beginning.
EXHIBIT "B"
0
A parcel of land located in the Northwest Quarter (NW4) of
Section Twenty -nine (29), Township Thirty -eight (38) North of the
Second Principal Meridian and all being located in the City of South
Bend, German Township, St. Joseph County, Indiana and more
particularly described as follows:
Beginning at a monument, found, at this Northeast Corner of the
Northwest Quarter (NW4) of said Section Twenty -nine (29); thence
South 00 010'44" East (this and all subsequent bearings being
referenced to the East line of the Southwest Quarter (SW4) of Section
Twenty (20), Township Thirty -eight (38) North, Range Two (02) East
which has a grid bearing of North 00 019153" West), along the East
line of said Northwest Quarter (NWI) of Section Twenty -nine (29), a
distance of 970.00 feet; thence North 89 027109" West, parallel with
the North line of said Northwest Quarter (NWQ) of Section Twenty -nine
(29), a distance of 750.00 feet; thence North 52 059149" West a
distance of 689.95 feet; thence North 00 010144" West, parallel with
the East line of the said Northwest Quarter (NW4) of Section
Twenty -nine (29), a distance of 560.00 feet to the point on the North
line of said Northwest Quarter (NW4) of Section Twenty -nine (29);
thence South 89 027109" West, along the North line of said Northwest
Quarter (NW4) of Section Twenty -nine (29), a distance of 1299.74 feet
to the Point of Beginning.
BCC /LEGAL
tw
EXHIBIT C
Declaration of Protective Covenants & Restrictions
of
the Blackthorn Corporate Center
THIS DECLARATION is jointly made this 19th day of March, 1993, b the SOUTH BEND
REDEVELOPMENT AUTHORITY (referred to as "Authority'), and by the SOUTH BEND
REDEVELOPMENT COMMISSION (referred to as "Commission'), to be jointly and severally
referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter described
and located in the City of South Bend, St. Joseph County, Indiana. The Authority and
Commission hereby declare that all of the real property legally described in and referred to in
Exhibit "A" attached to this Declaration, to be known as Blackthom Corporate Center (referred to
as "Blackthom") is and shall be held, conveyed, hypothecated , encumbered, leased, transferred,
sold, occupied, built upon or otherwise used or improved in whole or in part, subject to the
Covenants and Restrictions (sometimes referred to as "Covenantsl hereinafter set forth and all of
said Covenants herein contained are declared and agreed to be in furtherance of a general plan for
the subdivision, improvement and lease or sale of Blackthom and are established for the purpose
of enhancing the value, desirability and attractiveness of Blackthom and every part thereof.
ARTICLE I
DEFINITIONS
Unless the context otherwise specifies or requires, the words and terms defined in Article I shall, for all
purposes of this Declaration, have the meanings herein specified.
1.1 Applicant. "Applicant" shall mean an Owner or the agent of an Owner or a Person
possessing valid power of attorney or other proxy or authorization of an Owner, sufficient
in the reasonable judgment of the Committee to empower such Person to act on Owner's
behalf for the purposes of Article V hereof.
1.2 Architect. "Architect" shall mean a person holding a valid and effective license to practice
architecture in the State of Indiana.
1.3 Architectural and Site Plan Review Committee. "Architectural and Site Plan Review
Committee" (hereinafter sometimes referred to as the "Committee ") shall mean the so
named Committee as originally created by Article V of these Covenants.
1.4 Authority. "Authority' shall mean the South Bend Redevelopment Authority, as Owner of
the real property herein referred to as Blackthom.
1.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of Trust on any portion of
the Property, the holder of Record of the security interest under such Dead of Trust. The
word, "Beneficiary," shall also include a mortgagee under a mortgage.
1.6 Blackthorn. " Blackthom" shall mean the real property described in "A" hereto and such
additional real property as may be added from time to time as hereinafter provided.
Blackthorn Corporate Center - Covenants & Restrictions 411193
1.7 Board. `Board" shall mean the Board of Directors of the Owner's Association of
Blackthom as created by this Declaration.
1.8 Building. "Building" shall mean and include the principal structure or structures on any
Site, including all projections or extensions thereof, as well as all garages, outside
buildings, decks and other ancillary structures and facilities.
1.9 City. "City" shall mean the City of South Bend, State of Indiana.
1.10 Covenants. "Covenants" shall mean the covenants and restrictions set forth in this
Declaration and as it may be amended or supplemented from time to time.
1.11 Commission. "Commission" shall mean the South Bend Redevelopment Commission as
Owner and/or Lessee of the real property known as Blackthom and as the Declarant of
these Covenants.
1.12 Declarant. "Declarant" shall mean the Authority and/or the Commission, their successors
and assigns, and Declarant's assigns shall be deemed to include any party whom
Declarant designates, by means of a notice of Record in the Official Records, as the
party who, from and after the date such notice is Recorded, will perform Declarant's
functions under this Declaration. Any such designation may be made with respect to all
or any portion of Blackthom; provided that in the event that any Person or entity is so
designated as Declarant for only a portion of Blackthom, then the right and power to
make, give or take any consent, approval or action required of the Declarant under this
Declaration with respect to such portion of Blackthom and any rights of the Declarant
under this Declaration with respect to such portion of Blackthom, shall be deemed lodged
solely and exclusively in the Person or entity so designated as Declarant with respect to
such portion of Blackthom, and any Declarant of any other portion of Blackthom shall
have no right, power or authority hereunder with respect thereto.
1.13 Guidelines. "Guidelines" shall mean the written Development Guidelines made known by
the Declarant to guide the development of Sites as the same may be modified or
supplemented by the Declarant or the Committee, from time to time, which set forth in
much greater specifidty and detail design standards and requirements for the construction
and maintenance of Improvements on a Site, which Guidelines shall be referred to by
Declarant and the Committee in determining the acceptability of a particular proposed
Improvement and/or use of a Site.
1.14 Improvements. "Improvements" shall mean and include without limitations, Buildings,
structures, Signs, Site Furniture, driveways, parking, paved areas, grading changes, and
all other structures or improvements of any type and kind, and any and all alterations and
changes to a Site.
1.15 Lot. "Lof shall mean any parcel of real estate contained within Blackthom as divided or
subdivided on a Subdivision Plat or map Recorded in the Official Records.
1.16 Occupant "Occupant" shall mean any Person, other than an Owner, and the successors
and assigns of any thereof that is in possession of or otherwise occupying one or more
Sites, at any particular time, whether as a lessee, sublessee, licensee or pursuant to any
lease, sublease, license or other right of occupancy with or through the Owner of such
Site or Sites.
Blackthorn Corporate Center - Covenants & Restrictions 411193
1.17 Official Records. "Official Records" shall mean the records of the Office of the Recorder,
St. Joseph County, Indiana.
1.18 Owner. "Owner" shall mean, at any time, any Person, including the Declarant, and the
successors and assigns of any thereof, that owns fee simple title to one or more Sites, as
shown by the Official Records: provided, however, that a Beneficiary shall not be
deemed to be an Owner so long as its interest in the particular Site or Sites is for
purposes of security only.
1.19 Owners Association. "Owner's Association" (sometimes referred to as the `Association'
shall mean the association of Owners created and described in Article VII.
1.20 Person. "Person" shall mean an individual, group of individuals, corporation, partnership,
trust, unincorporated business association or such other legal entity as the context in
which such term is used may imply.
121 ReoordlRecorded. "Record" or "Recorded" shall mean, with respect to any document, the
recording of said document in the Official Records.
1.22 Review Fee. "Review Fee" shall mean the amount charged by the Committee to review
the application described in Article V hereof.
1.23 Sign. "Sign" shall mean any structure, device or contrivance and all parts thereof which
are erected or used for advertising, directional or identification purposes or any poster, bill,
bulletin, printing, lettering, painting, device or other advertising of any Idnd whatsoever,
which is placed, posted or otherwise fastened or affixed to the ground and/or structure
within Blackthom.
1.24 Site. "Site" shall mean a contiguous area of land within Blackthom which is owned of
Record by the same Owner, whether or not shown as one Lot or whether shown as a
combination of contiguous Lots or portions of contiguous lots on any Recorded subdivision
plat or Recorded survey map of all or any portion of Blackthom.
1.25 Site Fumiture. 'Site Furniture" shall mean any man-made or natural object used on the
Site for decorative or incidental purposes and which is not a Building, Sign, paved area or
landscaping. By way of illustration and not limitation flagpoles, fountains, statues,
benches, tables, and decorative walls are 'Site Furniture."
1.26 Street. "Street" shall mean any publicly dedicated thoroughfare within or adjacent to
Blackthom and shown on any Recorded subdivision map or survey.
1.27 Trust Deed and Mortgage. "Trust Deed" and "Mortgage" shall each mean, an instrument
which has been Recorded an which creates a lien on the portion of the Property or
leasehold estate in the Property described therein.
Blackthorn Corporate Center - Covenants & Restrictions 411193
ARTICLE 11
CHARACTER & PURPOSE
2.1 ChaWerand Purpose. This Declaration is made to ensure the proper use and
development of the Blackthorn Corporate Center. It is the intent of this Declaration to
ensure that the development of Blackthom will have minimal impact on the natural
landscape, vegetation and wildlife. Blackthom will be maintained as a premier business
environment for office, support officelresearch and general business uses in a natural
setting, with Guidelines to promote only the highest quality development. It is also the
intent of this Declaration to protect Owners and Occupants of Blackthorn against
improper and undesirable uses and against construction of Improvements built of sub-
standard design or materials. This Article II shall be used by the Authority, the
Commission, the Association and the Committee as a general standard in interpreting the
provisions of this Declaration and judging performance hereunder, in the preparation and
revisions of the Guidelines, in approving or disapproving the development of Sites, and in
carrying out the overall development of Blackthom.
ARTICLE 111
DEVELOPMENT RESTRICTIONS
3.1 Subdivision. No Lot shall be subdivided and no Lot's size, dimensions or boundaries shall
be modified, changed or altered, whether by conveyance, lease, dedication, foreclosure
proceedings, forfeiture or any other means, except as provided in Section 3.5 below.
3.2 Improvements to a Lot. No Improvements shall be made to any Lot without the prior
approval of the Committee in accordance with the requirements of Article V below.
3.3 Use of Lots. Each Owner shall use its Lot for only such purpose or purposes which are
approved by the Committee and/or the Commission in accordance with the requirements
of Article IV below. All uses of a Lot and all Improvements to a Lot shall be in
compliance with all local, state and federal laws, ordinances, statutes and other
governmental regulations or approvals applicable to the Lot or the Owner.
3.4 Rezoning and Variances. No Owner shall request or seek, in any manner: a rezoning of
its Lot or a variance from or special exception to any applicable zoning ordinances, except
as provided in Section 3.5 below.
3.5 Exceptions to Section 3.1 or 3.4 Restrictions. An Owner may submit to the Commission,
or the Board when the Declarant owns less then five percent (5 %) of Blackthom, a
request to subdivide the Owner's Lot or otherwise modify, change or alter the Owner's Lot
size, dimensions or boundaries or to seek the rezoning of the Owner's Lot or a variance
from or special exception to any zoning requirements for the Owner's 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) 9 the Declarant no
longer owns at least five percent (5 1/o) 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
Blackthorn Corporate Center - Covenants & Restrictions 411193
discretion to accept or reject such request. My such request shall be
deemed rejected unless the Commission notifies the requesting Owner of
approval within such sixty (60) day period.
b. 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
5 provided above.
3.6 Declarant Owned Lots. The restrictions contained in Sections 3.1 and 3.4 shall not apply
in any manner to Blackthom Lots owned by the Declarant.
ARTICLE IV
USE RESTRICTIONS
4.1 Prohibited Uses. Any use that, in the opinion of the Commission or the Committee, could
produce adverse effects upon Blackthom in terms of the health, safety or welfare of
Persons; or which may be harmful to the Improvements thereon; or which in the opinion of
the Committee does not agree with the intent of the development plan for Blackthom as
generally described in Article II hereof and in the Guidelines; is prohibited, including
without limitation, the following:
a. noxious, toxic, or corrosive fumes, gases, or discharges
b. smoke or offensive odors
c. ground conditions which will produce dust
d. noise and/or vibration
e. intense glare or heat
f. outdoor storage of any type
g. drive -up facilities of any type
h. convenience stores and gas stations, or any type of automotive service
establishment
free standing restaurants
Blacktl►orn Corporate Center - Covenants & Restrictions 411193
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
4.7.1 Corporate Office. Lots designated 'Corporate Office" are permitted to have only
Buildings in which office space totals at least seventy -five percent (75 %) of the
total gross floor area of the Building. Retail use as part of a permitted Building is
permitted so long as the total floor area dedicated to retail use is less than ten
percent (10 %).
4.7.2 Support Office/Research. Lots designated "Support Office/Research" are
permitted to have any use permitted on a Corporate Office Lot. At least thirty -
three percent (33 %) of the floor area of any Support Office/Research Building
must be dedicated to office space. Other permitted uses on Support
i
Office/Research designated Lots include:
a. Free standing health, recreational and athletic clubs and facilities.
b. Free standing day care facilities.
4.7.3 General Business. Lots designated `General Business" are permitted to have
any use permitted on Corporate Office or Support Office/Research designated
Lots. Warehouse, distribution and/or assembly type Buildings in which at least
twenty -five percent (25 %) of the total gross floor area of the Building is
designated for office use, may be permitted: provided, however, that any such
use must be specifically approved by the Commission. All General Business
permitted uses, including warehouse, distribution and/or assembly, must meet all
of the provisions of this Declaration without exception, including without limitation,
those prohibited uses as listed in Section 4.1 and limitations as described in
Section 4.3 herein.
4.8 Lot Size. No Blackthom Lot shall be smaller than two (2) acres in size, except where
designated on Exhibit "C" where no Lot will be smaller than one (1) acre in size.
ARTICLE V
ARCHITECTURAL AND SITE PLAN REVIEW COMMITTEE
5.1 Establishment of Committee. There is hereby established and created the Architectural
and Site Plan Review Committee (the "Committee ") for Blackthom. The Committee shall
be a standing Committee of the Association. The Committee shall consist of three (3)
members, all of whom shall be appointed by the Commission so long as the Declarant
owns at least five percent (5 %) of Blackthom. Thereafter, the Board shall appoint from
time to time, but at least once every three (3) years, two (2) individuals representatives of
the Association to serve on the Committee. The Commission shall reserve the right to
appoint one (1) individual representative of the Commission to serve on the Committee
until such time the Commission relinquishes such ri ghts in writing. The individual
Committee members do not have to be members of the Association.
5.2 Necessity of Architectural and Site Plan Review and Approvals. No Improvements, of
any kind, shall be commenced, constructed, erected, placed, altered, maintained, or
suffered upon on any Blackthom Lot, nor shall any addition, change, or alteration thereon
or thereof be made without the prior approval of the Committee. The Committee shall
review proposed plans and specifications for compliance with the Covenants and
Blackthorn Corporate Center - Covenants & Restrictions 411193
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
h. Complete landscaping plan showing type, species, variety, location and
size (at installation) of all plantings including trees, shrubs, turf (seed or
sod), irrigation plans and natural conservation areas;
i. Sign and/or Signage plans showing size, height, design, color, materials,
I
location, construction and lighting with respect to each intended Sign;
j. Site Furniture specifications showing size, height, design, color, materials,
location, construction with respect to each piece of Site Furniture;
k. The non - refundable Review Fee and Architect's total cost estimate as set
forth in Section 5.7; and
Such other information as the Committee may require which is pertinent to
the evaluation of the plans and specifications.
5.5 Variances. In addition to the plans and specifications, the Applicant shall set forth
separately and in specific detail any and all variances it desires from the Covenants and
Guidelines. No variance shall be granted when the result of such variance would be
contrary to or inconsistent with any applicable zoning or subdivision control ordinance, or
other law, ordinance, rule or regulation of a public authority.
5.5.1 Temporary Variances. The Committee may waive and/or grant any temporary
variance to an applicant I the Committee deems such waiver or variance
warranted in a particular instance. A temporary variance expires when the Owner
or Occupant sells, transfers, leases, or in anyway conveys the Site and it's
Improvements thereon, to a third party. If a variance which has been waived
and/or granted by the Committee is not used within one year of its approval by
the Committee, the variance is said to have expired. The Committee may not
waive and/or grant a variance which would require the approval of the Declarant,
the Board, or the Association as stated in this Declaration.
5.5.2 Permanent Variances. If an Applicant has requested a waiver and/or variance
which would be permanently attached to the Site, the Committee must notify the
Declarant for approval or rejection of the request. The Declarant must provide
the Committee with written notice of approval before the end of the Committee's
thirty (30) day application review period as stated in Section 5.8. If the Declarant
fails to act within said thirty (30) day period, the request is deemed rejected. The
Declarant may not waive and/or grant a variance which would require the approval
of the Board or the Association as stated in this Declaration.
5.6 Review Fee. Plans and specifications submitted to the Committee for review shall be
accompanied by a statement from the Architect who prepared such plans and
specifications certifying as to the probable construction cost of the Improvements together
with a non - refundable payment payable to the Association in an amount equal to the then
applicable Review Fee. The Review Fee for all projects is hereby set at five- hundred
dollars ($500 US) or one -tenth of one percent (.1 %) of the Architect's proposed cost of
the Improvements, whichever is greater. The Committee may change the non - refundable
Review Fee from time to time as it sees fit. No plans and specifications shall be
reviewed unless and until such fee has been paid. In the event that an application is
disapproved by the Committee, the Review Fee will not be refunded to the applicant.
Blackthorn Corporate Center - Covenants & Restrictions 4111193
5.7 Application and Approval Process. The Committee will approve or disapprove all plans
and specifications and requests for variances within thirty (30) days after receipt of the
items described in Section 5.4 hereof and the payment of the non - refundable Review Fee.
5.7.1 In the event the Committee fails to approve or disapprove such plans and
spec'if'ications or requests for variances within thirty (30) days after receipt by the
Committee of said plans and specifications and Review Fee, then such plans and
j specifications shall be deemed rejected.
5.7.2 The Committee reserves the right to approve plans and specifications subject to
specific changes, alterations, or adjustments recommended by the Committee.
the Applicant accepts the specific changes, alterations, or adjustments, the
Applicant will resubmit, without an additional Review Fee, only those items as
listed in Section 5.4 which are affected by such changes, alterations, or
adjustments within thirty (30) days of the Applicant's receipt of the notice of
temporary approval.
5.7.3 In the event the Committee disapproves an Applicant's plans and specifications,
the Committee may provide the Applicant with recommended changes,
alterations or adjustments to the plans and specifications needed to gain
Committee approval. The Applicant may resubmit the plans and specifications to
the Committee within ninety (90) days of Applicant's receipt of the initial notice of
disapproval without an additional Review Fee.
5.7.4 The Committee may retain the services of such professionals as architects or
attorneys as may be necessary to advise the Committee on technical issues.
5.7.5 If any Improvement is changed, modified, or altered without prior approval of the
Committee, then the Declarant or the Association will require the Owner to cause
the Improvements to be restored to comply with the plans and specifications
originally approved by the Committee and the Owner shall bear all costs and
expenses of such restoration, including the costs and reasonable attorneys fees
of the Committee. In the event such costs or any other expenses of the
Committee pursuant to any other provisions of this Declaration are not paid by
the Owner, they shall become a lien of the Association on the Lot, pursuant to
Section 6.7 herein.
5.7.6 Anything herein to the contrary notwithstanding, H any Improvement is erected or
constructed on any Site without the prior compliance with the provisions of this
Declaration or I any Improvement shall be erected or constructed other than in
accordance with approvals with respect thereto previously granted by the
Committee, then, and in either of such events, the Association or Declarant may
enforce the provisions of the Declaration including those set forth in Articles IX
hereof. The Owner is required to promptly commence and to diligently prosecute
to completion the construction of all approved Improvements in accordance with
the approved construction schedule and to secure additional approval for any
delay.
5.7.7 Nothing herein shall be construed as a waiver of Applicant' s obligation to comply
with all statutes, ordinances, codes, rules and regulations of all public authorities
having jurisdiction, or of Applicant's obligation to secure all required permits and
licenses required by such public authorities at Applicant's expense.
10 Blackthorn Corporate Center - Covenants & Restrictions 4/1193
5.8 Liability. Neither the Committee, the Commission, the Authority, the City or the
Association or their respective successors, assigns, or employees, shall be held liable in
damages to anyone submitting plans and specifications to them for approval, or to any
Owner affected by this Declaration, by reason of mistake in judgment, negligence or
nonfeasance ansmg out of or in connection with the approval, disapproval or failure to
approve any such plans and specifications. Every person who submits plans and
specifications to the Committee for approval agrees, by submission of such plans and
specifications, and every Owner or Occupant of any Blackthom Lot, by acquiring title
thereto, or an interest therein, that they will not bring any action or suit against the
Committee, the Commission, the Authority, the City or the Association to recover any
such damages.
5.9 Limitation of Action. Notwithstanding anything to the contrary herein contained, after the
expiration of one (1) year from the date of issuance of a building permit by the appropriate
governmental authority for any Improvement, or three (3) months after the completion of
any Improvement, whichever is later, said Improvements shall, in favor of purchasers and
encumbrances, be deemed to be in compliance with all provisions of this Article, unless
actual notice of noncompliance or non - completion, executed by the Association, shall
appear of Record of the Official Records, or unless legal proceedings shall have been
instituted to enforce compliance or completion.
ARTICLE VI
OWNER'S ASSOCIATION AT BLACKTHORN
61 Formation of Association. The Declarant shall cause to be incorporated a not - for -profit
corporation under the laws of the State of Indiana, to be called the Owner's Association at
Blackthom. The Association shall be governed in accordance with the Articles and
Bylaws of its incorporation. The Bylaws may further define the rights and obligations of
the Association and its members, but this Declaration shall govern, in the event of an
inconsistency between these Covenants and the Bylaws.
6.2 Purposes of the Association. The purposes of the Association are as follows:
a. to enforce these Covenants;
b. to maintain certain common landscaped areas;
c. to receive, account for and budget funds belonging to and/or entrusted with
the Association, including without limitation; Review Fees, dues, or
assessments; for the operation, maintenance and/or benefit of the Owners
at Blackthom;
d. to pay the expenses of the Committee as budgeted herein;
e. to appoint the members of the Committee from and after the date the
Declarant ceases to make such appointments;
to assume such other obligations with respect to Blackthom as the
Association deems appropriate; and
11 Blackthorn Corporate Center - Covenants & Restrictions 411193
g. to assume such other purposes as the Declarant may deem necessary or
appropriate to enable the Association to carry out the purpose and intent of
this Declaration.
6.3 Members. Each Owner and a representative of the Declarant, so long as the Declarant
owns any portion of Blackthom, shall automatically be and become a member of the
Association. Membership in the Association is compulsory for Owners other than the
Declarant. The Association is entitled to carry on such business as is authorized by its
Articles and Bylaws, including, but not limited to, the powers granted the Association
under this Declaration.
6.4 Voting Rights. Each Owner, including the Declarant shall be entitled to one (1) vote per
acre of land in the Owner's Lot. However, each Owner will be entitled to only one (1) vote
per Lot under the following circumstances:
a. when voting to appoint any Board member;
b. when voting to amend these Covenants, the Guidelines or the Bylaws of
the Association;
when voting as stated in Sections 3.5 and 4.6; and
d. under special elections as determined by the Board.
The Declarant may waive its right to vote on any issue or question called before the
Association.
6.5 Management. The Association shall be managed by its Board of Directors in accordance
with the Articles and Bylaws of the Association. The Board shall consist of three (3)
directors whom are appointed by the Declarant and shall serve on initial terms of one, two,
and three years, respectively. Succeeding directors shall each serve a term of three (3)
years. The Declarant shall retain the right to appoint:
a. three (3) directors so long as the Declarant owns not less than twenty-five
percent (25 %) of the total land area of Blackthom; (exclusive of areas dedicated
to public authority and landscaped areas); and
b. two (2) directors so long as the Declarant owns not less than fifteen
percent (15 %) of the total land area of Blackthom; (exclusive of areas dedicated
to public authority and landscaped areas); and
c. one (1) director until such time the Declarant relinquishes its right to
appoint a director to the Association.
Any director not appointed by the Declarant shall be elected by the Owners at times and
in a manner pursuant to the Bylaws of the Association and Section 6.4 herein.
6.6 Assessments. As a member of the Association, each Owner by acquiring legal or
equitable title to a Lot, agrees for itself, its heirs, personal representatives, successors
and assigns, to pay to the Association any dues: assessments, charges, costs or fines,
as may from time to time be levied by the Association for any lawful reason.
12 Blackthorn Corporate Center - Covenants & Restrictions 411/53
67 Failure to Pay Assessments. In the event an Owner fails to pay any dues, assessments,
charges, costs or fines tendered by the Association to it, or its successors and assigns,
the Association will serve the Owner with a notice of delinquency. The Owner will, within
(W thirty (30) days after receipt of such notice, pay the Association no less than the
delinquent amount.
If at the end of such thirty (30) day period the Owner has not paid the amount due to the
Association, interest will be added to the delinquent amour: I an annual rate equal to the
maximum legal rate or three percent (3 %) above prime as reported in the Wall Street
Joumal, whichever is lower. The rate will be adjusted annually on the anniversary date of
said notice of delinquency.
The Owner will be liable for reasonable attorneys' fees incurred in the collection of
delinquent dues, assessments, charges, costs or fines, and any accrued interest thereon.
The delinquent amount, plus accrued interest, shall automatically become a lien upon the
Lot(s) of the delinquent Owner, which lien shall be superior to all claims to such Lot
except mortgages and delinquent real property tax, as well as an enforceable personal
obligation of the Owner. The Association, or its successors and assigns, may upon
failure of an Owner to pay any statement tendered by the Association, record notice of its
claim of lien against any such Lot and thereafter pursue an action to foreclose said lien in
any manner now,or in the future permitted by law or equity. The Association may, in
addition to, or instead of, foreclosure, obtain a personal judgment against the Owner.
ARTICLE VII
COMMON AREAS AND EASEMENTS
7.1 Common Areas. Common Areas in Blackthorn shall consist of all real and/or personal
property which the Declarant and/or the Association owns or has an interest in for the
common use of the members of the Association, including, but not limited to, landscape,
entry features, drainage, landscape medians, security, safety, bicycle paths, roads,
project lighting and recreational areas or any other use to which a majority of the
membership of the Association may accede. Common Areas, as described and defined
in Exhibit *D," will also include the strip of land between the outer edge of the curb and the
edge of the right -of -way line along all Public Rights of Way. Improvements including,
without limitations, Signs and landscaping will be designed and constructed by the
Declarant at such time Declarant sees fit. Common Areas will be maintained by the
Association.
7.2 Reservation of Landscape Easements. The Declarant hereby reserves unto itself, its
successors, successors in interest and assigns a perpetual easement under, over, along,
across and upon those areas of Blackthorn herein described and defined in Exhibit "E,° as
Landscape Easement Areas for the purposes and uses which in the Declarant's sole
judgement are reasonable in order to create and maintain such attractive landscape areas
in furtherance of this Declaration. These said purposes and uses may include without
limitation: entering upon, planting, locating, installing, replanting, relocating, reinstalling,
maintaining, removing, treating, repairing, irrigating, fencing and husbanding all trees,
hedges, shrubs, bushes, plantings, plants, grasses, flowers and other vegetation.
13 Blackthorn Corporate Center - Covenants & Restrictions 4111193
72.1 Exclusive use by the Declarant of the Landscape Easement Areas is not hereby
reserved. The Owner's right to use the Landscape Easement Areas for purposes
not incompatible with their use for landscaping and for uses not incompatible with
the other Covenants set forth in this Declaration is hereby granted. In the event
of a conflict between the use of such areas for the purposes set forth in this
Declaration and a different use by the Owner or Occupant of a Site, the use for
the purposes set forth in this Declaration shall prevail.
72.2 The Declarant for itself, its successors, successors in interest and assigns
expressly reserves the right to assign all or any of the easements hereby created
and all its right, title and interest therein to any third party including without
limitation the City, other public authorities or the Association. No such
assignment or the acceptance thereof will extinguish, limit or modify the
easements hereby created unless expressly so stated in such instrument.
7.2.3 All the provisions of these easement reservations, including the benefits and
burdens, run with the land and are binding upon and shall inure to the benefit of
the successors, successors in interest, assigns, heirs, tenants, and personal
representatives of the Owners and Occupants from time to time of Blackthom.
72.4 The rule of strict construction does not apply to the easement reservations herein
above set forth. Such reservations shall be given a reasonable construction so
that the intention of the Declarant as set forth in Article 11 of the Declaration is
carried out.
73 Reservation of Conservation Easements. In furtherance of Article II herein, the Declarant
may reserve unto itself, its successors, successors in interest and assigns a perpetual
easement under, over, along, across and upon certain areas of Blackthom to be known as
Conservation Easement Areas for the exclusive purpose and use of conserving portions
of Blackthom in it's pre - development, natural state and to further the intent of this
Declaration. It is the intent of these Conservation Easement Areas to preserve certain
unique natural systems located within Blackthom.
7.3.1 Upon review of the plans and specifications for proposed improvements, the
Committee may decide to reserve no more than ten percent (10 %) of the area of
a Lot as a Conservation Easement. The Conservation Easement will be included
in the calculation as part of the Open Space requirement as described in the
Guidelines. An Owner may reserve for the Declarant, as much as twenty -five
(25 %) of the Owner's Lot as Conservation Easement, upon approval of the
Committee.
7.3.2 No alterations, modifications, or changes, including without limitation; planting,
locating, installing, removing, treating, repairing, irrigating, may be made to any
natural system found in such Conservation Easement, nor shall any man -made
Improvement be built, constructed, erected or suffered within the boundaries of
such Conservation Easement, nor shall the Owner, its representatives,
successors, successors in interest and assigns, or employees, or the Declarant,
the Association, their representatives, successors, successors in interest and
assigns, or employees, attempt to mow, prune, irrigate, scythe or otherwise or
artificially maintain the natural systems found in such Conservation Easement
without prior written approval of the Committee.
14 Blackthorn Corporate Center - Covenants & Restrictions 411193
7.3.3 All the provisions of these easement reservations, including the benefits and
burdens, run with the land and are binding upon and shall inure to the benefit of
the successors, successors in interest, assigns, heirs, tenants, and personal
representatives of the Owners and Occupants from time to time of Blackthom.
7.3.4 The rule of strict construction does not apply to the easement reservations herein
above set forth. Such reservations shall be given a reasonable construction so
that the intention of the Declarant as set forth in Article II of the Declaration is
carried out.
7.4 Installation and Maintenance Responsibilities of Landscape Areas. In furtherance of the
purpose of these Declarations as stated in Article II herein. The following establishes
installation and maintenance responsibilities of the Common Areas, the Landscape
Easement Areas, Open Space and Parking Landscape Areas, and Conservation
Easement Areas.
7.4.1 Common Areas. All those areas shown as Common Areas" on Exhibit °D"
initially will be landscaped and certain decorative Improvements constructed
thereon by the Declarant at such time the Declarant sees fit. However, the
Declarant will install landscaping elements within sections of the Common Area
which are adjacent to Blackthorn Sites currently under construction. After initial
installation, the landscaping shall be maintained by the Association in accordance
with the provisions of this Declaration and the Guidelines. It is the intent of
Declarant to dedicate the Common Areas to the use of and by the Association.
7.4.2 Landscape Easement Areas. All those areas shown as "Landscape Easement
Areas" on Exhibit "E" initially will be landscaped and certain decorative
Improvements constructed thereon by Owner in accordance with the plans and
specifications submitted to and approved by the Committee. After initial
installation the landscaping in such areas shall be maintained by the Owner until
such landscaping has remained healthy for a minimum of twelve (12) consecutive
calendar months. Thereafter, the Association shall maintain landscaping in
accordance with the provisions of this Declaration and the Guidelines.
7.4.3 Open Space and Parking Landscape Areas. All those areas described as Open
Space and Parking Landscape Areas in the Guidelines shall be landscaped by
the Owner in accordance with the plans approved by the Committee. After
installation, the landscaping in such areas shall be maintained by the Owner in
accordance with the requirements of the Guidelines.
7.4.4 Conservation Easement Areas. Conservation Easements are established in this
Declaration to preserve and protect the natural systems found in Blackthom. No
Improvements or alterations of any type are to be made to the Conservation
Easement Areas. The Owner must protect the natural systems found in the
Conservation Easement from any external, man -made interference; including
without limitation; construction processes, site and parking lot drainage, lawn
chemicals and snow storage. Artificial maintenance of the vegetation in said
Conservation Easement Areas is prohibited without prior written approval of the
Committee.
15 Blackthorn Corporate Center - Covenants & Restrictions 411193
7.5 Owner's Rights of Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common Area which shall be appurtenant to and shall pass with
the title of portions of the Property, subject to the following:
b. All provisions of this Declaration and of the Bylaws of the Association;
c. Rules and regulations governing use and enjoyment of the Common Area
adopted by the Association; and
d. Restrictions contained on any and all plats of any part of the Common
Area or filed separately with respect to all or any part of Blackthom.
ARTICLE Vlll
REGULATION OF IMPROVEMENTS
8.1 Construction and Maintenance of Improvements. Improvements on any Site shall be
constructed and maintained by the Owner or the Occupant of such Site in accordance
with the applicable approved standards and limitations set forth herein and in the
Guidelines, including, but not limited to standards relating to building height, construction
materials, exterior wall finish, concealment of exterior electrical and mechanical apparatus,
equipment and fixtures, lighting and accessory structures, driveways, loading facilities,
landscaping, parking, storage, fences, sound systems, Site Furniture and Signs.
8.2 Building Setback Areas. Except as hereinafter provided no Improvement or any portion
thereof shall be permitted within the Building Setback Areas as herein defined except for
Improvements below the surface of the ground, landscaping, Signs, driveways which do
not run parallel to an existing rights -of -way, walks, and bike paths.
8.3 Parking Setback Areas. Except hereinafter provided no parking shall be permitted within
the Parking Setback Areas as herein defined except for Improvements below the surface
of the ground, landscaping, Signs, driveways which do not run parallel to an existing
rights -of -way, walks or bike paths.
8.4 Bike Paths. Owners are required to construct a bike path across their Site. The path
must be within a corridor thirty (30) feet wide, measured from the front and/or side
boundary with a public Right -of -Way. The bike path must follow the corridor from side
property line to side property line. The bike path must meet with the bike paths already
constructed on adjacent Sites. The path must be constructed in accordance with the
provisions of the Guidelines.
8.5 Parking. Parking shall not be permitted on Streets. It shall be the responsibility of each
Owner and Occupant to provide sufficient parking facilities on its respective Site to serve
the businesses conducted thereon without the need for any on- Street parking. Said
facilities shall be designed, constructed, landscaped, screened and maintained in
accordance with the applicable standards provided in the Guidelines. If parking
requirements increase for any Site as the result of a change or an expansion in use or
number of employees, additional off - Street parking shall be provided by the Owner or
Occupant in accordance with the preceding provisions. No parking, visitor or employee,
shall be permitted in the Parking Setback.
16 Blackthorn Corporate Center - Covenants & Restrictions 411193
8.6 Loading and Servicing Areas. No loading or servicing areas shall be located between a
Building and any Street or shall be visible from any public street, bike path, or adjacent
properties. All loading and unloading of materials from vehicles shall be conducted entirely
upon the Sites. No loading facilities shall be placed so as to permit loading vehicles to
extend beyond the Site boundary line.
8.7 Signs. No Signs, as defined herein and in the Guidelines, or other advertising devices of
any character shall be permitted upon any part of a Building or a Site except with the prior
written approval of the Committee. Such Signs and other advertising devices shall be
approved only I their size, design, color, texture, illumination, number, locations, means of
support and construction and other characteristics conform with the standards prescribed
from time to time by the Guidelines. In this regard, any Owner or Occupant which
desires to erect any Sign or advertising device shall first submit plans therefor to the
Committee in a form sufficient to convey the total impression created by the device.
8.8 Site Furniture. No Site Furniture, as defined herein and in the Guidelines, of any type
shall be permitted without the prior written approval of the Committee. Design of such
Site Furniture shall compliment the architectural design of the Building and the landscape
design of the Site. Any Owner or Occupant who desires to place any type of Site
Furniture on a Site must first submit specifications and plans for such Site Furniture to
the Committee. Said plans and specifications should include the style, color, material,
texture, number, site locations and any other information about the character of said Site
Furniture.
8.9 Waste and Refuse. All waste materials and refuse shall be stored within the Building.
Building design should accommodate an air -lock type room to store such waste and
refuse. No waste and/or refuse material or waste and/or refuse bin shall be stored
outdoors for more than twenty -four hours.
8.10 Landscaping Installation. Landscaping plans for all Sites shall initially be submitted in
accordance with the provisions of Article V and such plans shall be implemented and
completed within sixty (60) days after occupancy or Building completion whichever occurs
first, unless the Committee agrees in writing to an extension of the time permitted to
complete landscaping. Every effort shall be made to preserve as many existing trees as
is reasonably practicable. In the event a healthy tree of four (4) or more inches in caliper
must be removed or destroyed to permit construction, it shall be moved to another portion
of the Site or replaced by a similar tree. New plant materials shall compliment the
existing natural landscape and should be selected from among those varieties appearing it
the Guidelines.
8.11 Outside Storage and Equipment. No vehicles, material, supplies, equipment or products
shall be stored, installed or permitted to remain on any portion of Blackthorn outside a
permanent structure. Temporary storage of materials, equipment and supplies in relation
to and as a part of the construction of the Improvements upon a Site is permitted,
provided that such materials, equipment and supplies are completely removed immediately
upon completion of construction.
8.12 Fences and Walls. No fence, wall, or similar structure shall be erected or installed on any
Site without the prior written approval of the Committee. Chain -link fencing is prohibited
from all Blackthom Sites.
17 Blackthorn Corporate Center - Covenants & Restrictions 411193
8.13 Exterior Lighting. Each Owner and Occupant shall be responsible for installing,
maintaining and operating adequate exterior lighting on the Site to provide for the safety of
its customers and employees and all such lighting shall require prior written approval of the
Committee.
8.14 Maintenance during Construction. During the construction of an Improvement, the Site on
which the Improvement is being constructed and adjacent areas and Streets impacted by
the construction shall be cleaned on a regular basis. All trash, rubbish and debris shall be
removed from the Site within thirty (30) days of Building completion or issuance of
certificate of occupancy.
8.15 Maintenance of Improvements.
a. Owners and Occupants shall maintain their Improvements in good and
sufficient repair and in an aesthetically pleasing manner.
b. Improvements which are damaged by the elements, vehicles, fire or any
other cause shall be repaired as promptly as the extent of the damage will permit.
Buildings which cannot be repaired due to such extensive damage, shall be
demolished within sixty (60) days of the date of the damage.
c. Buildings which happen to be vacant for any reason, shall be kept locked
and the interior side of the windows shall be glazed and/or covered with an
opaque paint in order to prevent entrance by vandals.
d. Sites shall be maintained in a safe, clean and neat condition free of rubbish
and weeds. Roads and pavements shall be kept true to line and grade and in
good repair.
e. Landscaping which is the responsibility of the Owner or the Occupant, as
more particularly set forth in Section 7.4 herein, shall be maintained in a neat and
healthy growing condition in accordance with the Guidelines.
8.16 Maintenance Compliance. If minimum maintenance standards are not met by the Owner
or Occupant, the Board shall issue a notice to the Owner or Occupant requesting action.
If the maintenance deficiency is not remedied within ten (10) days, the Board shall have
the maintenance work performed and shall charge said Owner or Occupant all costs
incurred. If such costs or any part thereof are not paid within ten (10) days after written
demand therefore, the amount unpaid shall bear interest from the date thereof until the
date of payment at the rate of interest set forth in Section 6.7 herein. If any such fees or
costs are not paid on the due date thereof, the Association shall proceed as permitted in
Article IX herein.
ARTICLE IX
VIOLATION OF PROVISIONS
9.1 Abatement and Suit. The Declarant, the Committee and the Association are each hereby
granted the right to enter upon any Lot in Blackthom at any reasonable time or times to
inspect the same for purposes of determining compliance with Committee approved plans
18 Blackthorn Corporate Center - Covenants & Restrictions 411193
and specifications, the Covenants and the Guidelines. In the event any such violations
and breaches are not cured within fifteen (15) days after written demand made upon the
Owner or Occupant by the Declarant, Committee or Association, as the case may be, the
Declarant and the Association jointly and separately have the right to enter upon the Lot
upon which such violation or breach exists, and summarily abate and remove, or correct,
repair or maintain, at the expense of the Owner and Occupant thereof, any Improvement,
thing or condition that may be or exist thereon contrary to the intent and meaning of the
provisions hereof as interpreted by the Declarant, the Committee and the Association, and
the Declarant, the Committee and the Association shall not, by reason thereon, be
deemed guilty in any manner of trespass or conversion for such entry, abatement,
removal, correction, repair, or maintenance or incur any liability on account thereof. The
Declarant, the Association and every Owner (or Occupant, but only with the respective
Owner's consent) of Blackthom are further separately empowered to seek by legal
proceedings, either in law or in equity, appropriate remedies to abate or to otherwise
prevent a continuing breach of any provision of the Declaration. The amounts of all
expenses incurred by Declarant, the Committee and/or the Association pursuant to the
provisions of this Section 9.1 which are not paid by Owner immediately on demand shall
constitute a lien against the subject Site, shall bear interest until paid at the rate set forth
in Section 6.7 hereof and may be foreclosed by the appropriate legal proceeding.
9.2 Attomeys' Fees and Liens. If in connection with any enforcement of this Declaration, with
respect to any Site, it shall be reasonably necessary to secure the services of attorneys,
then the reasonable fees of such attorneys, and all other costs of enforcement shall be
payable by the Owner of such Site. If such fees and other costs or any part thereof are
not paid within ten (10) days after written demand therefore, the amount unpaid shall bear
interest from the date thereof until paid at the rate of interest set forth in Section 6.7. If
any such fees or costs are not paid on the due date thereof, the amount thereof together
with interest thereon as aforesaid shall be and become a lien against such Site and may
be foreclosed by any appropriate legal proceedings. In any legal or equitable proceedings
for the interpretation or enforcement of or to restrain the violation of this Declaration or any
provision hereof, the losing party or parties shall pay the reasonable attomeys' fees of the
prevailing party or parties in such amount as may be fixed by the court in such
proceedings.
9.3 Subordination of Liens. Any lien created pursuant to the provisions of this Declaration
shall be subordinate to the lien of any Mortgage or Mortgages now or hereafter place upon
all or any portion of a Site or Sites which runs to an institutional lender.
9.4 Deemed to Constitute a Nuisance. The result of every action or omission whereby any
Covenant set forth in this Declaration is violated in whole or in part, is hereby declared to
be and shall constitute a nuisance and may be excised or abated by the Declarant, the
Association, the City, any Owner (or Occupant who has been given such rights by the
Owner of such Site) of a Site, or any of them.
9.5 Remedies Cumulative. All remedies provided herein or available at law or in equity shall
be cumulative and not exclusive.
9.6 Failure to Enforce Not a Waiver of Rights. The failure of Declarant, or any other Person
entitled to enforce this Declaration, to enforce any Covenant herein contained shall in no
event be deemed to be a waiver of the right to do so nor of the right to enforce any other
Covenant.
19 Blackthorn Corporate Center - Covenants & Restrictions 411193
9.7 Damages Inadequate. Damages for any breach of the Covenants are hereby declared not
to be adequate compensation and such breach and/or the continuance thereof may be
mandated, enjoined or abated by appropriate proceedings by any Person entitled to
enforce this Declaration as provided in this Article IX.
ARTICLE X
ACCEPTANCE OF COVENANTS
10.1 Owner and Occupant Acceptance. Each Owner and Occupant, by the acceptance of a
deed of conveyance, lease, sublease, license or other right to enter on or occupy any Lot
of Blackthom, and every other Person at any time having or acquiring any right, title:
interest, lien, or estate in, on or to any portion of Blackthom, accepts the same, subject to
all of the provisions of this Declaration and the jurisdictions, rights, and powers of the
Declarant, the Committee, and the Association. Said Owner, Occupant and or Person
also accepts all easements, rights, benefits and privileges of every character hereby
granted, reserved or created and thereby covenants and agrees for themselves, their
successors, successor in interest, heirs, personal representatives and assigns to be
bound by the Covenants. All obligations hereby imposed are covenants running with the
land and shall bind every Owner and Occupant of every part and parcel of Blackthom and
interest therein, and every such other Person and inure to the benefit of every Owner and
Occupant and such other Persons and as though the provisions of the Declaration were
recited and stipulated at length in each and every deed of conveyance, lease, sublease,
license or other agreement granting any right of entry or occupancy, or in any other
instrument or document by which any such right, title, interest, lien, or estate is created or
acquired. All Covenants, and agreements contained herein are made for the direct,
mutual and reciprocal benefit of each and every part and parcel of Blackthom and shall
create mutual, equitable servitudes upon each portion of Blackthom in favor of every other
portion of Blackthom.
ARTICLE XI
ASSIGNMENT AND LIMITATION OF LIABILITY
11.1 Assignment by Owners. No Owner may assign all or any part of its rights, benefits,
duties or obligations hereunder, except as an appurtenance to and in conjunction with the
sale of the Owner's Lot.
11.2 Assignment by Declarant Any and all of the duties, rights, powers, privileges and
reservations of Declarant herein contained may be assigned to any party (herein called
`Successor Declarant"), either in toto or pro tanto as to any portion of Blackthom
specifically described and identified in any assignment of such duties, rights, powers,
privileges and reservations, who will assume the duties of Declarant pertaining to the
particular right, power and reservations assigned. Any such assignment shall be
conclusively evidenced by a written assignment and acceptance thereof duly executed
and acknowledged by Declarant and Successor Declarant and Recorded in the Official
Records. Such Successor Declarant shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and duties as are given to
20 BlacMorn Corporate Center - Covenants & Restrictions 411193
and assumed by Declarant herein. If at any time Declarant ceases to exist and has not
made an assignment, a Successor Declarant may be appointed by the Board with
approval of at least fifty -one percent (51 %) of the Association membership.
11.3 Limitation of Liability. Neither the Declarant, the City, the Committee, the Association or
the Board or any member, staff member, consultant, director, officer, agent or employee
of the Declarant, the City, the Committee, the Association or the Board shall be liable to
any Owner or to any person for any loss, damage, or injury, or claim thereof, arising out
of, or in any way connected with, the performance of the Declarant's, the City's, the
Committee's, the Association's or the Board's duties under this Declaration unless due to
the willful misconduct or bad faith of the the Declarant, the City, the Committee, the
Association or the Board, or any one of their directors, officers, agents, or employees, as
the case may be. The Committee shall review and take action on all plans and
specifications submitted to it for any proposed Improvement, including the construction,
alteration or addition thereof or thereto, or any proposed property use, and shall make
determinations with respect to the Character and Purpose of Blackthom as set out in
Article II herein and the provisions as set forth in this Declaration.. The Committee shall
not be responsible for reviewing any plans or specifications from the standpoint of
structural safety, engineering soundness, or conformance with building or other codes, nor
shall the Committee's approval of any plans or specifications verify the structural safety,
engineering soundness, or conformance of the Improvement to building or other codes.
Furthermore, the Committee shall not be responsible or liable for structural, engineering, or
other building defects in the Improvements for which plans were approved or for violations
of building, zoning or other land -use codes or regulations.
ARTICLE X11
MISCELLANEOUS
121 Amendment This Declaration and its covenants and restrictions shall run with the land
and be binding until December 31, 2023. So long as the Declarant owns any part of
Blackthom, these restrictions may be amended or extended, only in writing, and then only
upon the affirmative vote of the Declarant and a majority of the members of the
Association, based on voting rights established in Section 6.4 herein. At such time as the
Declarant does not own any part of Blackthom or the Declarant relinquishes rights to
appoint a member of the Board, these covenants may be amended or modified by action
of the Association, with voting rights as established in Section 6.4 herein. Amendments
shall become effective ten (10) days after notice of adoption of said amendment, together
with a copy of the recorded amendment, is mailed to all Blackthom Owners.
Notwithstanding the forgoing provisions of this Section 12.1, the easements reserved and
granted in this Declaration under Article VI I shall be binding perpetually, and no
amendment shall modify or terminate such easements.
12.2 Termination and Extension. This Declaration shall be and remain in full force and effect
until December 31, 2023 after which date this Declaration may be extended for
successive periods of ten (10) years by the Recording in the Official Records a written
instrument declaring the extension of the term hereof, duly executed by Declarant, H the
Declarant owns some portion of Blackthom, not including easements reserved and
granted herein under Article VII, and, K the Declarant does not own any portion of
Blackthom, so described, the written instrument shall be executed and acknowledged by a
21 Blackthorn Corporate Center - Covenants & Restrictions 411153
majority of the members of the Association, with voting rights as established in Section
6.4.
123 Owners Liability Subsequent to Sale. Upon sale of a Site, the Owner so selling shall
have no further liability for the obligations with respect thereto which accrue against the
Site sold after the date of conveyance, provided however, that nothing herein shall be
construed so as to relieve an Owner of any Site from any liabilities of obligations which
shall have accrued prior to the date of such conveyance.
12.4 Notices. Any notice, demand, request, consent, approval, designation or other
communication which any party is required or desirous to give or make to any other parry
shall be in writing and shall be given or made by United States registered or certified mail,
return receipt requested, with postage fully prepaid thereon, and addressed to the parties
at their current addresses. Any notice, demand, request, consent, approval, designation
or other communication so sent shall be deemed to have been given or made on the date
delivered, or on the date delivery was refused.
12.5 Headings. The headings of the Articles and Sections hereof are for convenience only and
are not intended to be part of this Declaration nor in any way to define, limit or describe
the scope or intent of the particular provision to which they refer.
12.6 Singular and Plural. Words used herein, regardless of the number and gender specifically
used, shall be deemed and construed to include any other number, singular or plural, and
any other gender, masculine or feminine, as is reasonable in the context.
12.7, Effect of Invalidation. If any provision of this Declaration is held to be invalid, the
invalidity of such provision shall not affect the remaining provisions hereof.
12.8 Interpretation. The provisions of this Declaration shall be construed pursuant to the laws
of the State of Indiana and shall be liberally construed to effectuate the purpose of
creating a uniform plan for the development and use of the property.
12.9 Time. Time is of the essence of this Declaration.
12.10 Waiver. No waiver or failure to enforce any of the provisions of this Declaration shall
constitute a waiver of any other provision, whether or not similar, nor shall any waiver be
continuing waiver.
12.11 Binding Effect. The provisions of this Declaration will be binding on the parties hereto and
their respective successors, assigns and mortgagees to the extent herein provided.
12.12 Governing Law. These Covenants shall be construed in accordance with the laws of the
State of Indiana.
22 Blackthorn Corporate Center - Covenants & Restrictions 4111193
IN WITNESS WHEREOF,the SOUTH BEND REDEVELOPMENT COMMISSION, jointly and severally with the SOUTH
BEND REDEVELOPMENT AUTHORITY, have declared the above and foregoing Protective Covenants & Restrictions for
the Blackthom Corporate Center.
For the Declarant:
SOUPMfND REDEVELOPME COMMISSION
Paula N.. Auburn, President
ATTEST.•
Theo F. Sharp, Secretary
State of Indiana
)SS.-
St. Joseph County )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared the South Bend Redevelopment Commission, by Paula IV Aubum, and Theo F.
Sharp, President and Secretary, respectively, and acknowledged the execution of the forgoing
Declaration.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
the of
c
,'•y,,ti,iµus:rrr��
Notary Public
Residing in St. J eph County; Indiana:
Commission Expires: -7' - �L j (11
23 Blackthorn Corporate Center - Covenants & Restrictions 411193
For the Declarant:
SOUTH BEND RFDEVFLOPMENTAUTHORITY
(Iq-ad�- Jos& Wrobl wsld, President
ATTE T•
Donald K. Fewel , Secretary
State of Indiana
) SS:
St. Joseph County )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared the South Bend Redevelopment Authority, by Joseph Wroblewski and Donald K.
Fewell, President and Secretary, respectively, and acknowledged the execution of the forgoing
Declaration.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on =, ,
the
f`-dayof �L� 153.
Notary Public h J = s =
Residing in St. Joseph County,
Commission Expires.—
24 Blackthorn Corporate Center - Covenants & Restrictions 411193
Kq
EXHIBIT "A"
BLACKTHORN CORPORATE CENTER
1 -80/90 Toll Road
Blackthorn Corporate Center - Covenants & Restrictions 4111193
Y
DESCRIP770AI
LOT NO. 1
A part of the Southwest Quarter (SWl 14) of Section 20 and a part of the
Northwest Quarter (NN114) o,` Section 29, all located in Township 38
North, Range 2 East, German Township, St. Joseph County, Indiana, more
porticuloriy described as follows:
Beginning at the South Quarter (SI 14) comer of said Section 20, also
beinc the North Ouarter (N114) comer of said Section 29; ; thence South
OO' ' 0' 44" East o distance of 970.00 feet, along the north /south
quarter section line of Section 29; thence North 89' 27' 09" West e
distance of 750.00 feet, parallel with the north line of Section 29;
thence North 52' 59' 49" West a distance of 68995 feet; thence North
00' 10' 44" West o distance of 580.00 feet, parallel with the
north /south quarter section line of Section 29; thence North 48' 52'
41' East o distance of 857.93 feet; thence North 00' 19" 53" West a
distance of 700.00 feet, parallel with the north /south quarter section
line of Section 20; thence North 10' 15' 27" West a distance of 406.08
feet; thence North 24' 06' 04" West a distance of 438.80 feet to a
point on the south right of way line of Mintz Parkway, thence South
89' 49' 35" East a distance of 793.86 feet along said right of way
line; thence North 89' 40' 07" East o distance of 103.04 feet to the
nor'.0outh quarter section line of Section 20; thence South 00' 19'
53" East a distance of 2095.00 feet along said north /south quarter
section line to the Point &f Beginning and containing 63.129 acres,
more or less. Said parcel is subject, to all right of way and easements
of record.
Said parcel is also subject to on easement for ingress and egress to
the golf course. More porticulorty described as follows Beginning at
the North Ouorter. comer of Section 29; thence South 00' 10' 44" East o
distance of 970.00 feet along the east line of the Northwest Quarter
(NWl 14) of Section 29; thence North 89' 27' 09" West a distance of 50.00
feet clon -q a line 670.00 feet south of and parallel with the north line
of the Northwest Quarter (07 14) of Section 29; thence North 00' 10' 44"
West o distance of 970.00 feet along a line 50.00 feet west of and
parallel with the east line of the Northwest Ouorter (NW714) to the
in'ersectior, with the north line of the Northwest Ouarter (N)V14) of
Section 29 said line also .being the south line of the Southwest Quarter
(SV14) of Section 20; thence North 00' 19' 53" West a distance of 2.38
feet along c line 50.00 feet west of and parallel with the east line of
the Southwest Quarter (SK7 14) of Section 20 to the point of curvature of
c nontongent curve to the left having c radius of 250.00 feet, on
internal ongle of 16' 15' 35" and subtended by a long chord having c
bearing of North 44' 40' 06" East and having o chord length of 70.71
feet, thence northeasterly along said curer c distance of 70.95 fee: to
the east line of the Southwest Oucrter (SW7 14) of Section 20; thence
South, 00' 19' 53" East e distance of 5315 feet along said east line to
the Point of Beginning.
Blackthorn Corporate Center - Covenants & Restrictions
411193
0
DESCRIP77ON
LOT NO. 2
A part of the Southwest Quarter (SW114) of Section 20 located in Township
38 North, Range 2 East, a# in German Township, St, Joseph County,
Indiana, more particularly described as follows:
Commencing of the South Ouorter (S114) corner of said Section 20; thence
North 00' 19' 53" West o distance of 2135.00 feet along the North /South
Ouarter Section Line of said Section 20 also being the centerline of
Mayflower Road; thdnce South 89' 40' 07" West a distance of 102.84 feet
along the centerline of Nimtz Parkway, thence North 89' 49' 35" West
1134.31 feet along the centerline of Nimtz Porkwoy, thence South 00'
04' 44" East a distance of 40.00 feet to a point on the south right of
way line of said Nimtz Parkway, said point being the Point of
Beginning of this description; thence South 07' 10' 25" West c distance
of 450.00 feet; thence South 72'.24' 03" West a distance of 300.00
feet; thence South 00' 19' 53" East c distance of 830.00 feet; thence
North 87' 45' 14" West c distance of 354.23 feet to a point on 'the east
right of way line of Nimtz Porkwoy, said point being the point of
curvature of a nontongent curve to the left having a radius of 790.00
feet, an internal angle of 19' 03' 45" and subtended by a long chord
hoeing a bearing of North 07' 17' 07" West a chord distance of 261.62
feet; thence northerly along said curve and also along said east right
of way line a distance of 26283 feet to the point of tongency of said
curve• thence North 16' 48' 59" West a distance of 185.73 feet along
said east right of way line to the point of curvature of a tangent
curve to the right having a radius of 710.00 feet, on internal ongle of
106' 29' 06" and subtended by a long chord having a bearing of North
36' 25' 34" East a chord distance of 1137.67 feet; thence northeostedy
along said curve and also along said east right of way line a - distance
of 1319.54 feet to the point of tangency of said curve; thence North
89' 40' 07" East a distance of 102.69 feet to the Point of Beginning
and containing 14.690 acres, more or less.
Blackthorn Corporate Center - Covenants & Restrictions 411193
DESCRIPTION
LOT N0. 4
port of the Southeast Ouar!er (SE114; of Section 19 ono' a part of the
Northwest OUarier (NM14) e.ad a port of the South Nest Ouorter (SN^,14) of
Section 20 all in Township 38 North, Range 2 Eost, German Township, St.
Joseph County, Indiana, more porticulorly describeo as follows.
Commencing at the southwest corner of the Southwest Ouorter of said
Section 20, also being the southeast corner of the Southeast Ouorler of
said Section 19; thence North 00' 14' 09 " West c distance of 70.00 feet
along the east line of said Southeast Ouorter also being the west line
of said Southwest Ouorter to the Point of Beginning of this
description; thence North 89' 47' 23" Kest o distance of 331.96 feet
parallel with and 70.00 feet north of the south line of said Section
19; thence North 00' 12' 37" East a distance of 35.00 leet; thence
North 89' 47" 23" West a distance of 1109.88 feet parallel with and
105.00 feet north of said south line;, to the east
right of way line of Ramp 7f -1 -A" of the Indiana To# Rood - U.S. 31
Byposs interchange; thence North 00' 09' 46" Cost a distance of 95.12
feet along said east right of way line; thence North 19' 07 38" West a
distance of 105.95 feet along said east right of way line; thence North
DD' 09' 47" lost a distance of 613.95 lee! along said east right of way
line; thence North 27' 51' 25" lost a distance of 177.09 feet along
said east right of way line to the southeast right of way line of Ramp
H" of the Indiana Toll Road - U.S. 31 Byvpcss interchange; thence North
55' 33' 03" East a distance of 195.00 feet along said southeast riphl
of way line; thence North 45' 09' 46" East a distance of 196.84 feet to
the south line of the Northeast Ouorter (NE114) of the Southeast Ouorter
(SE114) of Section 19, also being the south line of a parcel of land
referenced in a Ouit Claim Deed" to the Indiana Toll Rood Commission
(Book 825, Page 591, St. Joseph County Recorder), thence South 89' 34'
36" East a distance of 986.04 feet along said south line to the
southwest corner of a parcel referenced in a "Warranty Deed" to the
South Bend Redevelopment Authority (Document No. 9127017, St. Joseph
County Recorder); thence North DO' 14' 09" West c distance of 1029.71
feet along the west line of said parcel to the southeast right of way
line of the Indiana Toll Rood; thence North 40' 30' 00" East a distance
of 153.41 feet along said southeast right of way line, also being the
northeast line of said "Warranty Deed" to the South Bend Redevelopment
Authority, to the east line of the Southeast Ouorter (SE114) of Section
19; thence North, 40' 26' 51 " East a distance of 222.43 feet along said
southeast right of way line also being the northeast line of said
Iforronty Deed" to the South Bend Redevelopment Authority, to the north
line of the Southwest Ouorter (SK'1 14) of Section 20; thence North 55' 53'
47" Lost a distance of 126.65 feet along said southeast right of way
line to the north, line of a parcel referenced in a 'Quit Claim Deed" to
the Indiana Toll Rood Commission (Document No. 225535, St. Joseph
County Recorder), also being the south right of way line of said
Indiana Toll Rood- thence South 89' 43' 02" East a distance of 1348.71
feet along said north line and also along the north line of a parcel
referenced in o Special Warranty Deed" to Richard E. Brodfora and
Helen M. Bradford (Document No.7920810, St. Joseph County Recorder)
also along o parcel referenced in c "Wcrronty Deed" to the South Bend
Redevelopment Authority (Document No. 9133751, St. Joseph County
Recorder), all being along the south righ! of way line of the Indiana
Toll Road,- thence South 00' 16' 38" West a distance of 30.00 feet along
on east line of said "Warranty Deed" and also o west line a! the
Indiana Toll Rood; thence South 89' 43' 02" East a distance of 411.00
-feet along the north line of said "Warranty Deed" also being the south
,'ire of the Indiana Toll Road 'a the east line of said "Warranty Deed"
thence South 00' 16' 56" West a distance of 468.80 feet along the east
line of said "Warrant/ Deed" also be ;ng Ine west line of the ,'n liana
Toll Rood, also along the west line of o "Korronly Deed" to the State
of Indiana (Book 538. Page 506, St. Joseph County Recorir,,' thence
South 89' 43' 02" East a distance of 605.99 feet along the south line
of said "Warranty Deed" to the Stale of Indiana and along the north
line of said "Warranty Deed" to the South Bend Redevelopment Authority,
to the east line of the Southwest Ouorter (SW1 14) of Section 20, also
being the centerline of Mayflower Rood- thence South 00' 19' 54" East a
distance of 44.05 feet along said east line to the north right of way
line of Nimtz Parkway, thence South 89' 40' 07" West a distance of
102.68 feet along said north right of way line; thence North 89' 49'
35" West a distance of 1134.31 feet along said north right of way line;
thence South 89' 40' 07" West a distance of 103.05 feet along said
north right of way line to the point of curvoture of a tongen! curve to
the left howhg a radius of 790.00 feet, on internal angle of 32' 09'
19" and subtended by a long chord having a bearing al South 73' 35" 28"
West a chord length of 437.56 feel; thence westerty along said curve
also being along said 'north right of way line a distance of 44136 feet
to a point of compound curvature with a curve to the right noting a
radius of 30.00 feet, on internal angle of 80' 10' 02" and subtended
by a long chord having a bearing of North 82' 24' 02" West a chord
length of 38.63 feet; thence northwesterly along said curve also along
the east right of way line of Northwest Loop Street o distance of 41.98
feet to the point of tongency, thence North 42' 19' Ol " West d distance
of 271.63 feet along said east right of way line to the point of
curvature of a tangent curve to the left hoeing a radius of 110.00
feet, on internal angle of 180' 00' 00" and subtended by a long chord
having a bearing of South 47' 40' 59" West a chord length of 220.00
feet; thence southwesterly along said curve also being the northwest
right of way line of said Northwest Loop Street a distance of 345.58
feet to the point of tangency, thence South 42' 19' 01 " East a distance
of 271.63 feet along the southwest right of way line of said Northwest
Loop Street to the point of curvature of c tangent curve to the right
having a radius of 30.00 feet, on internal angle of 80' 10' 02" and
subtended by o long chord having a bearing of South 02' 14' 00" East a
chord length of 38.63 leet; thence southerly -along said curve also
being along the west right of way line of Nimtz Parkway a distance of
41.98 feet to the point of compound curvature with a curve to the left
hoeng a radius of 790.00 feet, on internal angle of 54' 40' 09" and
subtended by a long chord having a bearing o,' South 10' 31" 06" West a
chord length of 725.51 feet; thence southerly along said curve also
being along said west right of woy line of Nimtz Porkwoy a distance
of 75378 feet to the point of tangency, thence South 16' 48' 59 " East
a distance of 185.73 feet along said west right of way line to the
point of curvature of a tangent curvy to the right having a radius of
710.00 feet, on internal angle of 38' 43' 55" and subtended by o long
chord having a bearing of South 02' 32' 59" West a chord length of
470.87 feet; thence southery along said curve also being along said
west right of way line a distance of 479.96 feet to the point of
nontongency, thence North 68' 05" 04" West radially a distance of
150.00 leel; thence South 31' 04' 34" West o distance of 19757 feet;
thence South 47' 45' 49" East radially a distance of 150.(X1 lee! to the
point of curvature of a nontongent curve to the left, said point
being on the west right of way line of Nimtz Porkwoy, said curve
hoeing a radius of 710.00 feet, on internal angle of 38' 31' 59" and
subtended by a long chord having a bearing of South 61' 30' 11" West o
chore length of 468.55 feet; thence southwesterly along said curve also
being along said west right of way line a distance of 477.49 feel to
the point of nontongency, said point being on the west line of the
Soutnwest Ouorler of soid Section 20 also being the east line of the
Southeast Ouorter of said Section 19; thence North 00' 14' 09" West a
distance of 10.33 feet to the Point of Beginning and containing 91.190
acres, more or less.
Elackihorn Corporate Center - Covenants & Restrictions 411193
11
11
11
11
� 1
EXHIBIT `B"
USE DESIGNATION
I -80/90 Toll Road
Lot 4• .
S ►I
Nimtz Parkway
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Corporate Office
Support Office /Research
General Business
l
Nimtz Parkway
Blackthorn Corporate Center - Covenants & Restrictions 4111-03
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EXHIBIT "C"
LOT SIZE DESIGNATION
I -80/90 Toll Road
Nimtz Parkway
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Nimtz Parkway \ /- - - -___
N
Minimum 1 acre lot size
Blackthorn Corporate Center - Covenants & Restrictions 411193
x
EXHIBIT "D"
L UMMUN HMCHJ
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Nimtz Parkway
Lot 2
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Common Areas (streetsr-ape)
Common Areas (natural area)
\\ Nimtz Park. -way
Lot 1
Blackthorn Corporate Center - Covenants & Restrictions 4 11193
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EXHIBIT "E"
LANDSCAPE EASEMENT AREAS
I -80/90 Toll Road
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' Lot 4
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Nimtz Parkway
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30 Landscape Easement
Blackthorn Corporate Center - Covenants & Restrictions 411193
EXHIBIT D
INTRODUCTION
These Development Guidelines are cited in the
Declaration of Protective Covenants & Restrictions
for the Blackthom Corporate Center (Covenants)
as Recorded at the Office of the Recorder, St.
Joseph County, Indiana. The purpose of these
Guidelines is to assist the Applicant in achieving a
certain level of quality in site development,
consistent with the concepts for Blackthom.
These Development Guidelines do not supersede,
but rather supplement, the Covenants and the
specific requirements and provisions included
therein. The Applicant should refer to the
Covenants for a variety of specif ic requirements.
The intent of the Covenants is to ensure consistent
high quality development, thus protecting and
enhancing the investment of all Blackthorn
Owners.
The Development Guidelines shall apply to all
properties in Blackthom and are an addition to the
requirements of the City of South Bend Municipal
Code. All standards set forth herein are subject to
the criteria established in the current Federal,
State, or City of South Bend regulations,
whichever criteria are the most restrictive.
The Applicant should refer to the Covenants, the
City of South Bend Zoning Code, the Airport
Economic Development Area Development Plan,
and any other applicable instruments governing
development within Blackthom.
These Development Guidelines are intended to aid
the Applicant in achieving a style, character and
quality of development conforming to the goals and
objectives for Blackthorn as described in Article II
of the Covenants.
DESIGN REVIEW AND APPROVAL
PROCESS
In order to ensure the orderly marketing and
development of the property, the Architectural and
Site Plan Review Committee (Committee) will act
promptly on any Applications seeking Committee
approval. All building construction and site
improvements must be reviewed and approved by
the Committee before any on -site construction
begins.
Prior to the Committee taking action, plans and
specifications of the proposed project must be
Blackthron Corporate Center - Development Guidelines 4111133
reviewed by the Committee. The Committee will
act on each application within thirty (30) days of the
receipt of the Application and Required Information.
For a typical building project, four (4) sets of plans
and specifications must be submitted (one of the
four sets shall be reproducible) as part of each
Application. The following section, `Required
Information," details the information that must be
included in the Application. A non - refundable
Review Fee made payable to the "Owners
Association at Blackthom" must accompany each
Application. The Committee will not act on any
Application without a Review Fee One copy of
the Application will remain on file with the
Committee.
REQUIRED INFORMATION
The Applicant starts the formal review process with
the submission of an Application for Design
Review. Each Application must include the
following information for Committee action.
Variances to the requirements of these Guidelines
and the Covenants may be permitted when deemed
appropriate by the Committee. Approval from the
South Bend Redevelopment Commission, as
Declarant of the Covenants,.may be required for
some variances. In order to obtain a variance, the
Applicant must request the variance in writing,
documenting the reason for the request and
providing evidence to clearly demonstrate the
merits of the proposed variance.
Each Application must be accompanied by a non-
refundable Review Fee equal to one tenth of one
percent (.1%) of the Architect's estimated cost of
construction of the proposed improvement or
$500.00, whichever is greater.
The following list identifies the information that
must be included in each Application to the
Committee. The Applicant shall complete form,
Application for Design Review, in its entirety, and
submit it with the required data. Although it is not
required, each Applicant is encouraged to submit
preliminary drawings and information to the Airport
2010 Project Manager for review before the formal
review process begins. The Airport 2010 Project
Manager maybe reached at the following address:
Department of Economic Development
1200 County -City Building
Sout � Bend, Indiana 46601
(219)235 -9371
Required Information is as follows:
2 Blackthron Corporate Center . Development Guidelines 411193
a.
Q
C.
R
Architectural plans and specifications
including Building elevations, types of
materials, exterior colors, exterior Site
lighting, a brief description of mechanical
and structural systems, floor plans and
roof construction and appurtenances;
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;
Complete grading and drainage plans
showing all relevant elevations of drainage
and retention areas, flow points and storm
detention, and provisions for erosion
control;
Proposed construction schedule covering
each phase of construction on the Site;
e. Description of proposed operations and/or
uses, including number of employees
expected and proposed for the future;
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 demands,
with supporting data;
h. Complete landscaping plan showing type,
species, variety, location and size (at
installation) of all plantings including trees,
shrubs, turf (seed or sod), irrigation plans
and natural conservation areas;
i. Sign and/or Signage plans showing size,
height, design, color, materials, location,
construction and lighting with respect to
each intended Sign;
Site Furniture specifications showing size,
height, design, color, materials, location,
and construction with respect to each
piece of Site Furniture;
Architect's total estimated cost of
construction of the proposed
improvements;
The non- refundable Review Fee; and
Blackthron Corporate Center - Development Guidelines 411193
m. Such other information as the Committee
may require which is pertinent to the
evaluation of the plans and specifications.
The following Development Guidelines represent
the standards which will be applied by the
Architectural and Site Plan Review Committee in
reviewing proposed improvements.
ARCHITECTURAL DESIGN
The purpose of the Architectural Guidelines is to
produce orderly and aesthetically pleasing
development of high quality architecture in harmony
with the character of Blackthorn and existing
improvements, which serves to enhance not only
the individual building, but also the entire
Blackthom development. It is the intent of these
Guidelines to encourage innovative architectural
design. All buildings, shall conform with the
following requirements.
Overall design: Buildings shall be
designed in such a way that all sides of
the building are equally attractive, rather
than placing all emphasis on the front
elevation and neglecting the aesthetics of
the side and/or rear elevations. Any
accessory buildings and enclosures,
whether attached to or detached from the
main building, shall be compatible to the
main building in design and materials.
2. Exterior materials: The approval of
exterior materials, including type, color,
texture and durability, and the extent of
use of any single material or combination
of materials shall be solely at the
discretion of the Committee. Exterior
materials shall conform to and be in
harmony with the external design of
neighboring structures and the natural
landscape. The Committee shall not
arbitrarily or unreasonably withhold its
approval of such use of exterior materials.
Applicants are encouraged to contact the
Committee early in the architectual design
stages of their project to discuss or
propose appropriate exterior materials.
Common brick, concrete block, corrugated
metal or pre- engineered metals installed
Blackthron Corporate Center - Development Guidelines 411193
with exposed fasteners are prohibited on
the exterior wall of any building.
3. Rooftops: All rooftop surfaces, equipment
and accessories shall be approved by the
Committee according to the following
guidelines:
a. The roof surface materials, texture,
and reflectivity shall be reviewed
considering their effects on the views
of other Blackthorn Lots and
structures. In no circumstance shall
the rooftop surface and /or surface
material of a building equal more than
forty percent (40 %) of the building's
facade seen in elevation view.
b. Rooftop mechanical equipment, vents
and ducts shall be screened, covered
and installed in a manner which hides
said mechanical equipment from the
view of other Blackthom Lots, public
streets, common areas, and buildings.
Screening height shall be a minimum
of twelve inches above materials being
screened.
c. Rooftop solar collectors, skylights and
other potentially reflective rooftop
building elements shall be designed
and installed in a manner which
prevents reflected glare and
obstruction of views of other
Blackthom Lots and buildings.
d. Rooftop radio, N and microwave
antennas and towers are prohibited
unless specifically approved by the
Committee upon recommendation by
the St. Joseph County Airport
Authority, as to their height and
location.
4. No building in Blackthom shall exceed a
height of thirty -five (35) feet.
SITE GRADING
The purpose of the Site Grading Guidelines is to
unify the grading of Blackthom in terms of earth
form, preservation of topographic features and
compatibility of relationships between buildings,
parking areas, roads, and adjacent properties. All
site grading shall conform to the following
requirements:
Blackthron Corporate Center - Development Guidelines 411/'93
r+�
1. Lot grading will be done in such a way as
to preserve the existing topographic
features and to provide positive drainage.
All site grading shall be designed to meet
the following standards:
Minimum Maximum
Slope Slope
Landscape areas 2% 3:1
Parking lots 2% 4%
Driveways 2% 5%
Pedestrian paths 1% 8%
2. No cut or fill slopes of any type shall be
steeper than 3:1 with smooth vertical
transitions. Where space limitations
demand, terracing with approved retaining
walls shall be utilized.
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Smooth Transitions Between Changes In Slope
designed with smooth transitions between
changes in slope.
5. Storm water shall be detained on site
when necessary.
6. Site grading shall be designed in such a
way to limit the amount of site runoff
entering the areas reserved as
Conservation Easements.
SETBACKS
The purpose of the Setback Requirements is to
establish a coordinated streetscape image, provide
sufficient space between buildings to ensure
adequate light and primacy and to provide sufficient
space between roads, buildings and parking to
ensure privacy, and sound control.
3. Where retaining walls are required, they 1. Minimum setbacks for buildings and
shall be of a material compatible with the parking lots from adjacent street rights -of -way and
building architecture. Lots shall be as follows:
4. Berms, channels, swales, etc, shall be
graded in such a way as to be an integral
part of the grading, and paved surface
Blackthron Corporate Center - Development Guidelines 411193
for visual relief and buffering where appropriate.
Building Parking Fencing Guidelines are as follows:
Setback Setback
Nimtz Parkway 30'
Mayflower Road 35'
Side yards 25'
Rear yard 25'
51 1. No fence or wall of any kind shall be
w constructed unless specifically approved
50' by the Committee.
25'
15'
2. The maximum building front setback is
fifty feet for all Sites.
3. Driveways shall be setback from adjacent
property lines at least twenty -five feet, except
where access driveways are shared by adjacent
owners. Access drives shared by two or more
adjacent Sites is encouraged.
4. All setback areas shall be planted and
landscaped in accordance with the Landscape
Guidelines.
FENCING
The purpose of the Fencing Guidelines is to provide
for security; for screening of unsightly areas; and
2. Objects such as water towers, storage
tanks, processing equipment, cooling
towers, communication towers, vents, and
other structures or equipment shall be
compatible with the building architecture or
screened from view of adjacent properties,
parking areas, public streets, common
areas, and bikepaths by using fences
and/or walls and shall be approved, in
writing, by the Committee before
construction or erection of said structures
or equipment. The St. Joseph County
Airport Authority may have final approval
or disapprove of such structures or
equipment concerning height and location.
3. Screen fences or walls shall be of a height
at least equal to that of the equipment to
be screened.
4. Materials and colors of fences and walls
shall be compatible with the building
architecture.
Blackthron Corporate Center - Development Guidelines 411193
0
5. Chain link and/or barbed wire fencing is not
permitted in Blackthom.
6. No fence or wall shall be located within
twenty -five feet of the front property line or
of any street right -of -way.
LOADING AND SERVICE AREAS
The purpose of the Loading and Service Area
Guidelines is to provide for the design of loading
and servicing areas in a functional and aesthetically
pleasing manner. The guidelines are as follows:
1. Loading and servicing areas shall not be
visible from any public street or adjacent
properties.
2. Loading and servicing areas shall be
designed as an integral part of the building
architecture.
3. Loading and servicing areas shall be
designed so that the entire loading and
servicing operation is conducted within the
confines of the building site. No loading or
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Parking Lot Lendsceping
servicing shall be conducted between a
building and a street.
4. Buildings shall be limited to three (3) truck
bays or docks unless specifically approved
by the Committee.
VEHICULAR CIRCULATION AND
PARKING
The purpose of the Vehicular Circulation and
Parking Guidelines is to provide for safe and
convenient movement of motor vehicles, to limit
vehicular /pedestrian conflicts, to limit paved areas,
to provide for screening or paved areas, and to
soften the visual impact of parking lots by providing
interior planting. The guidelines are as follows:
Number of parking stalls: All parking
facilities on each site shall be sufficient to
serve the business conducted without
using adjacent streets or parking lots. In
the case of multiple use buildings, such as
office and production, parking requirements
shall be determined for each use
separately. Minimum parking space
requirements are as follows:
Blackthron Corporate Center - Development Guidelines
411/53
IM
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12
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Office Buildings 1 space per 300 sq.ft. 7. All parking shall be screened from public
streets by appropriate landscaping (see
Assembly or Landscaping Guidelines).
similar activity 1 space erp 750 sq.ft.
8. In parking lots, landscaped islands must
Warehousing and be installed in intervals of not less than
D_ istribution 1 space per 800 sq.ft. every twenty parking spaces; and at the
end of all rows of parking. Parking islands
2. Minimum parking stall dimensions shall be shall have a minimum width of nine feet.
in accordance with the City of South Bend A continuous poured -in -place concrete
Zoning Code. curb shall be installed around parking
islands to protect lawns and landscaping
3. No parking is permitted on lawn, dirt, from vehicular traffic. Parking islands may
gravel, slag, or other unpaved surfaces. not be used to satisfy the Open Space
Each Owner and Occupant shall be requirement: however, islands larger than
responsible for enforcing this requirement 500 sq.ft. shall be counted as Open
on their respective Lot. Space.
4. Parking will not be permitted on any street 9. The use of parking bumpers in surface
or in parking setback areas. parking lots is prohibited.
5. Visitor drop -off zones and parking should 10. A continuous poured -in -place concrete
be provided near visitor entrances, curb with gutter shall be installed around all
however, visitor parking is not permitted vehicular parking and circulation areas.
within the parking setback area.
11. All curb cuts onto public streets shall be
6. Employee parking shall be separated from on -grade curb return types. Residential
visitor and front entrance traffic. type, ramped curb cuts are prohibited.
9 Blackthron Corporate Center - Development Guidelines 411193
0
12. Parking areas shall be broken into sections
not to exceed 200 cars. Parking areas
shall be separated by a major landscaped
buffer to provide visual relief.
13. All undivided driveways shall have a
maximum width of twenty -two feet.
Divided driveways with medians shall have
individual lanes of no more than thirteen
feet in width. Medians shall be a minimum
of nine feet in width.
14. The use of parking structures is
encouraged. Where used, special
attention shall be given to the exterior
design of the structure so that it is
compatible with the building architecture.
The perimeter of the structure, at ground
level, shall be screened to hide
automobiles from view.
rw 15. Any ramp driveway exit from a parking
structure shall end a minimum of twenty
feet inside the property line.
Sidewalks
17. All parking lot and road pavement sections
shall be designed by a registered engineer.
PEDESTRIAN AND BICYCLE
CIRCULATION
The purpose of the Pedestrian and Bicycle
Circulation Guidelines is to promote free and safe
movement of pedestrians and bicyclists throughout
Blackthom. The guidelines are as follows:
1. Pedestrian /bicycle access shall be
provided from public streets (via bikepath
system) and parking lots to building
entries.
2. All sidewalks within the site shall have an
unobstructed width of at least five feet
(minimum width of eight feet where
attached to a curb adjacent to
perpendicular parking stalls).
16. All parking spaces must be designated by 3. A bikepath system for Blackthom is cited
painted lines. in the Covenants. Each Owner shall
construct a bikepath within a thirty (30)
10 Blackthron Corporate Center - Development Guidelines 411193
foot corridor from the site's boundary with
public rights -of -way.
a. Each newly constructed section of
bikepath shall align with the existing
bikepath sections on adjacent
properties.
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Blackthom and to minimize utility costs and
adverse visual impacts caused by utility structures
and appurtenances. The guidelines are as follows:
1. All permanent utility lines shall be
underground.
2. No cesspool, septic tank or sewage
b. Owners are encouraged to wind the disposal plant shall be erected maintained
path through berms and landscaping. upon any part of Blackthom. The proper
The bikepath shall nor run parallel with use of constructed or reconstructed
the right of way. wetland technology is encouraged for any
on -site stormwater treatment.
c. The bikepath shall be seven feet in
width. 3. Transformers shall be grouped with utility
meters where possible and shall be
d. Owners are encouraged to construct screened in a manner approved by the
addition paths on each Lot. Committee.
e. Owners are encouraged to provide
bike storage areas on each Site for
employees.
SITE UTILITIES
The purpose of the Site Utilities Guidelines is to
promote the coordinated development of utilities in
4. Utility appurtenances including telephone
pedestals, utility meters, irrigation system
backflow preventers, transformers, etc.
are not to be visible from adjacent sites,
parking areas, public streets, pedestrian
walkways and bikepaths and shall be
screened in a manner approved by the
Committee.
11 Blackthron Corporate Center - Development Guidelines
411193
SITE LIGHTING
The purpose of the Site Lighting Guidelines is to
provide for a safe, functional, visually attractive and
coordinated site lighting system. The site lighting
requirements are as follows:
1. Lights shall not be placed to cause glare or
excessive light spillage on neighboring
sites.
2. Owners shall provide for the lighting of all
parking areas, driveways, sidewalks and
bikepaths on each site.
3. Exterior lighting fixtures are to be as
follows:
a. Parking lot fixtures: cut-off type, color
corrected high pressure sodium,
rectilinear or "shoebox" style,
aluminum extrusion luminaries, no
more than twenty -five (25) foot
mounting height. Single or double
luminaries configuration on a square
pole. Luminaries and pole shall have
dark bronze anodized finish.
b. Driveway fixtures: same as parking
lot fixtures. Maximum mounting
height of twenty feet.
c. Pedestrian area and walk lights: at
applicant's option; to be approved by
the Committee
d. Large above ground concrete bases
for lighting fixtures are prohibited.
Base design shall be approved by the
Committee.
e. It is recommended that such parking
area, driveway, and pedestrian area
fixtures be equipped with a photo-
sensitive device to automatically turn
on and off with daylight.
4. It is recommended that accent illumination
be provided at key locations such as
building entries, driveway entries, etc.
5. Lighting of building faces is permitted only
when such light does not cause excess
glare or when such light does not spill onto
adjacent sites, parking areas, or public
streets.
12 Blackthron Corporate Center - Development Guidelines 411193
0
6. Building mounted lighting is restricted to 1. Identification Signage: The first category
loading and service areas for security applies to signs used for the identification
purposes only. Building mounted lighting of buildings and/or Owner /Occupants.
shall not be substituted for parking area or Each site is limited to one Identification
walkway lighting fixtures. Security lighting sign. The design, style and material of the
fixtures are not to project above the roof Identification sign shall match and
line of the building and shall be shielded. complement the design, style and material
The shields shall be painted to match the of the building. Signs should be
surface to which they are attached. constructed of masonry with either backlit
or externally lit cut -out graphics. The sign
should include the full street address of the
building. The design of all Identification
SITE SIGNAGE signs must be approved by the
Committee.
The purpose of the Signage Guidelines is to
establish a coordinated graphic program that
provides for individual Occupant identification and
directional communication in a distinctive and
aesthetically pleasing manner. This graphic
system is a major factor in creating and preserving
the design character and integrity of Blackthom.
Size and placement of all signage shall be
considered an integral part of site development, and
a signage plan shall be submitted for the approval
of the Committee.
a. No Identification sign shall be of
aluminum or other such metal, box
construction.
b. In the case of multiple tenants, all
may be identified on the same sign, up
to a maximum of three tenants.
Where there are more than three
tenants, the building should be
identified with a name and the tenants
listed on a directory inside the building.
The Signage Guidelines apply to four separate
categories of signage as follows: c. There are no predetermined rules
concerning size of the Identification
13 Blackthron Corporate Center - Development Guidelines 411193
T
12" x 18" having a dark bronze
polyurethane enamel finish (PMS
14 Blackthron Corporate Center - Development Guidelines 411193
Streetscaoe Directional SianaQe
sign; however, no sign shall exceed
forty sq.ft. per face. It is the intention
a. Streetscape Directional signs are to
of the guidelines that sign sizes be in
be free - standing post and panel units
aesthetic balance with site and
with a standard height of four feet.
building sizes.
Post shall be 2" x 4" extruded
aluminum with a dark bronze (PMS
d. The sign shall be placed no closer
449) polyurethane enamel finish.
than ten (10) feet and no further than
Panels shall be 5'x 2'6" aluminum on
(20) feet from the street
extruded aluminium frames with no
visible fasteners or retainers. Finish
e. The sign must be placed so it does
shall be dark bronze polyurethane
not obscure any other identification,
enamel paint (PMS 449).
information, or vehicular control signs.
b. Typography for directional copy on
f. Building mounted identification signs
Streetscape Directional signs shall be
are permitted only on building
4" Helvetica Medium. All copy shall
elevations which face either the
be done in white, reflective paint.
Indiana Toll Road or the US 31
Bypass.
c. Streetscape Direction signs shall be
double -faced and mounted
2. Directional Signage: The second category
perpendicular to the driveway.
in the Blackthorn signage system is
Placement must be a minimum of ten
directional signage. Streetscape
(10) feet from the curb of the
Directional signs are signs which provide
driveway.
directional information at site entries, while
Site Directional signs display directional
d. Site Directional signs may be either
and/or regulatory information for circulation
building mounted or post and panel.
within the site.
Panels shall be 24" x 24 ", 18" x 24" or
12" x 18" having a dark bronze
polyurethane enamel finish (PMS
14 Blackthron Corporate Center - Development Guidelines 411193
� O v
No
Parking
m
Vehicular Control Signage
449). Posts shall be 2" x 2" extruded
aluminum with dark bronze
polyurethane enamel finish.
e. Typography for Site Directional signs
shall be Helvetica Medium done in
white, reflective paint.
Some of the basic rules for Directional
signage typography are as follows:
I L461 1 1 %E" I
Site Directional Signage
f. Use a colon instead of a dash before
listed information.
Position of information signage is critical to
its effectiveness. Each site requires
careful analysis of vehicular and pedestrian
traffic. Decision points must be identified
and proper information and directional
signage provided.
a.
Word spacing should be even. Length
3. Vehicular Control Signage: The third
of lines should not vary excessively.
element in the Blackthorn signage system
provides for vehicular control throughout
b.
All copy shall be flush to the left
the development, by combining
without indentation.
standardized symbols or pictographs and
typography to allow for maximum legibility,
c.
Only the first word in a line is
recognition and aesthetic quality. Control
capitalized unless there are proper
signs shall be of post and panel
names. Numbers under ten are to be
construction. The panel shall be darts
spelled out in the body of sign
bronze (PMS 449) with white, reflective
messages.
paint for symbols and typography. The
pole shall be dark bronze, 2" x 2 ".
d.
Do not use a period at the end of a
line.
All control signage shall be carefully sited
to provide adequate sight lines from cars,
e.
Do not insert the comma between
buses, and trucks. The use of reflective
numbers and street name. Insert
material for the symbol field and
commas in numbers over four figures
typography is required.
(except for address numbers).
15
Blackthron Corporate Center - Development Guidelines 411193
4. Temporary Signage: Temporary signs can
b. The correct size for identification signs
be used for construction and design team
is determined according to the size of
information or future Occupant
the site and building. This is
identification. All temporary signs shall
essentially and aesthetic judgement.
match the identification signage in all
Placement of the sign must respond
respects except materials.
to two factors: best position for
viewing from the roadway and best
Only one temporary sign is allowed per
visual relationship to the architecture
site. All temporary signs, including real
of the building.
estate signage must be approved by the
Committee in writing.
c. The final signage plan shall be
submitted to the Committee for
5. Procedures: The following are general
approval.
guidelines for the use of the Blackthorn
signage system. In every case, a site
analysis must be conducted when the
building has been designed. This analysis
is normally conducted with a landscape
CONSTRUCTION PHASE
architect.
The purpose of the Construction Phase Guidelines
a. Exterior pedestrian and vehicular
is to minimize the adverse impacts of construction
traffic flow must be analyzed to define
on the site's natural systems and other related
those points at which people make
activities:
decisions. Once the decision points
are defined, signage can be placed on
1. In order to minimize soil erosion by water
the site plan in its most effective
and wind, practical combinations of the following
location, according to the above
shall be used:
placement rules.
16 Blackthron Corporate Center - Development Guidelines 411193
a. Expose smallest practical area of cleared
land during construction.
b. Temporary ditches, dikes, vegetation
and /mulching shall be used to protect
critical areas exposed during development
or construction.
c. Sediment basins (debris basins, desifting
basins and sift traps) shall be installed and
maintained to remove sediment from runoff
waters during development.
d. The permanent landscaping shall be
installed as soon as practicable after
construction activities.
e. Imported fill subject to erosion shall be
covered with temporary mulching on all
construction projects over six months
duration.
2. It is the responsibility of the Applicant to
protect the area designated as
Conservation Easement from all
construction processes. This protection
should include without limitation, enclosing
the area and the area's drip line with a
temporary fence and construction of a
temporary ditch to prevent runoff from
reaching the Conservation area.
3. All utilities are underground, and the
Applicant is responsible for knowing their
whereabouts and protecting them during
construction.
4. All construction storage and equipment
yards shall be fenced in a manner
approved by the Committee and shall be
located on the site in a manner to minimize
their impact on adjacent properties and
public streets.
5. Construction sites shall be maintained in a
neat and orderly manner. All trash shall be
kept in enclosed containers and emptied
frequently.
6. Construction access shall be coordinated
with and approved by the Committee.
Special care shall be taken to protect
existing pavements from damage.
7. At the end of the construction period, by
phase, the Applicant shall submit to the
Committee reproducible copies of record
drawings (as- builts) showing the actual
17 Blackthron Corporate Center - Development Guidelines
MrA
18
locations of all underground utilities and
irrigation systems.
8. Prior to starting construction of each major
project phase, a pre- construction
conference with the Committee shall be
conducted by the Applicant. The
Applicant shall arrange for representatives
of the following organizations to attend the
conference:
a. General Contractor
b. Applicants design consultants
c. Applicable utility companies
The general purpose of the pre -
construction conference is to outline the
phasing and responsibilities of key tasks
such as:
a. Utility connections
b. Final grading and drainage
construction
d. Fine grading and landscaping.
LANDSCAPING
The Landscape Guidelines recognize that
landscaping is of primary importance to the
establishment of the design character of
Blackthorn. The Guidelines are intended to
promote the establishment of compatible and
continuous landscape development to enhance and
unify Blackthom. More specifically, the guidelines
are intended to provide for a neat and well
maintained appearance in areas not covered by
buildings, parking, or Conservation Easements; to
enhance and preserve the existing site character,
to minimize the adverse visual and environmental
impacts of large paved areas. The landscaping
requirements are as follows:
1. The landscape plan as required for review
by the Committee must be prepared by a
qualified landscape architect.
Project driveway and bikepath 2. Site Coverage requirements are as
interface with existing roads and follows:
bikepaths.
Blackthron Corporate Center - Development Guidelines 411193
a. Thirty-five percent (35 %) of the total
net land area of the Site must be
Open Space. The total net land area
is equal to the gross site area, minus
utility easements and setback areas.
The area reserved as Landscape
Easements in the Covenants, setback
areas, Conservation Easements, if
any, may be included in the thirty -five
percent (35 %) Open Space
requirement. Parking lot landscaping
is not included as part of the Open
Space requirement, however, parking
lot islands greater than 500 sq.ft. are
considered Open Space.
b. Building footprints may not exceed
twenty -five percent (25 %) and must
be at least fifteen percent (15 %) of the
net land area of the site.
c. The Committee, upon review of the
natural characteristics of a Site, may
reserve up to ten percent (10 %) of the
net land area as Conservation
Easement, as set forth in the
Covenants. The Conservation
Easement may be included as part of
the Open Space requirement.
d. Each Owner may reserve for the
Declarant, as set forth in the
Covenants, up to twenty -five percent
(25 %) of net land area of the Site as
Conservation Easement. Such
Easement reservation must be
approved by the Commission.
e. The remaining portion of the Site not
covered by impervious surfaces, and
not designated a Conservation
Easement, must be landscaped and
maintained as a manicured lawn.
3. Landscaping in accordance with the
approved plan must be implemented and
completed within sixty (60) days after
building occupancy.
4. All parking lots shall be landscaped as
follows:
a. Provide landscaped islands in parking
lot interiors per the requirements of the
Vehicular Circulation and Parking
Guidelines
b. The setback space between public
streets and parking lots shall be fully
19 Blackthron Corporate Center - Development Guidelines
411193
W,
M...j
landscaped. Where possible, berming
shall be provided in order to screen
b. No fewer than 60 trees per acre of
parked cars. Berms shall conform to
open space. Required parking lot
the above grading schematic.
island trees may not be included in
this count unless they are contained in
Where berms are not possible due to
islands larger than 500 sq.ft. in size.
space limitations, the parking shall be
screened though the use of coniferous
8. Every effort shall be made to preserve as
trees and /or appropriate shrub
many existing trees as is reasonably
plantings or screen walls.
practicable. In the event a healthy tree of
four (4) or more inches in caliper must be
5. A minimum of fifty percent (50 %) of the
removed or destroyed to permit
space between a public street and parking
construction, it shall be moved to another
lots or buildings shall be planted in irrigated
portion of the Site or replaced by tree of
lawn with the lawn on the street side of the
similar size and species. Replacement
landscaped area, in order to preserve a
trees as stated in this requirement may not
visually continuous lawn planting along
be counted to meet the requirements of
public streets: This lawn planting may be
Section 7b.
interrupted with shrub beds at entry points
and in key accent areas as appropriate.
9. All areas not paved or built upon, but
disturbed during the construction period
6. All plantings shall be per the Plant
must be landscaped with trees and
Materials Guidelines.
irrigated lawn. Large uninterrupted areas
of or bare is
gravel soil prohibited.
7. The minimum amount of tree planting for
each lot is as follows (refer to the Plant
10. All irrigation systems are to be below
Materials Guidelines for species and size):
ground, fully automatic systems in
compliance with applicable building code
a. One tree minimum for every 200 sq.ft.
requirements.
of planting space in parking islands.
20 Blackthron Corporate Center - Development Guidelines 411193
MAINTENANCE
The purpose of the Maintenance Guidelines is to
define the minimum maintenance standards to
promote a uniform, neat and clean appearance
throughout Blackthom. Maintenance requirements
are as follows:
1. Owners and Occupants shall maintain
their Improvements in good and sufficient
repair and in an aesthetically pleasing
manner.
2. Improvements which are damaged by the
elements, vehicles, fire or any other cause
shall be repaired as promptly as the extent
of the damage will permit. Buildings which
cannot be repaired due to such extensive
damage, shall be demolished within sixty
(60) days of the date of the damage.
4. Sites shall be maintained in a safe, clean
and neat condition free of rubbish and
weeds. Roads and pavements shall be
kept true to line and grade in good repair.
5. Landscape Areas: The following lists the
maintenance responsibilities of the
different landscape areas.
a. Common areas are landscaped and
maintained by the Association.
b. Landscape Easements are initially
landscaped and maintained by the
Owner until such time as they are
accepted by the Association.
c. Site and parking landscape areas are
to be landscaped and maintained by
the Owner in accordance with these
guidelines.
3. Buildings which happen to be vacant for
any reason, shall be kept locked and the d. Conservation Easements are to be
interior side of the windows shall be glazed reserved by the Commission. These
and /or covered with an opaque paint in areas are to be left natural and are not
order to prevent entrance by vandals. to be maintained.
21 Blackthron Corporate Center - Development Guidelines 411193
-Nmvv
5. Landscape Maintenance: Maintenance
requirements of the landscaped areas in
6lackthom are as foll;ws:
a. All plantings shall be maintained in a
healthy growing condition.
Fertilization, weeding and pruning are
to be carried out on a regular basis.
b. Dead or dying plants shall be removed
and replaced as quickly as possible
(thirty days maximum).
c. All plantings are to be irrigated as
often as necessary to maintain healthy
growing conditions.
d. Adjust tree guys, stakes, etc. on a
regular basis to maintain neat
appearance and to prevent damage to
trees.
6. If minimum maintenance standards are not
achieved by the Owner or Occupant, the
Association may take action as set forth in
the Covenants.
22 Blackthron Corporate Center - Development Guidelines 411133