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Home My WebLink About1993-03-18 Resolution 73.~ ~~ g ~; ~322S~S :§t ~, .~ ~-~~;; RESOLUTION N0. 73 ~~s . ~,;: . ~, :- A RESOLUTIQN E)F THE SQUTH BEND REDE~TELQP,MENT .A;~JTHQRITY APRR.CJ~ING I)ECLARATIQN ©F PRQo-~E~TIYE ~dI> ~, RESTR~CTI~7E. CQ~IEN.,7~1~TS. C?F THE BLACKTI3E~R~ COEtBORRTE GE~iTF~. AND BLAGK'I4fi0RH CQRPGR~ITE, CEI~TEIt DE~lELC~'1!~EA~T GtTIBELT~E,S EAR, th,e Ssa~z.th Bend. Rede~eloprtient ~uthorit~r ~ the: "~uthorit~,r" ). ~i.s e owner cif r~ertaa.~. real property situated. in narth~rest St . Joseph. County, ~.nd.iana, more partiCU.larly de:5cribed. at. E~h3_b.'L~ tt~et r attached hereto. and s.neorporated herein., and ~n1HEREAS.~, the Sexuth 'Bend. R:et~e~e~.E)Fr~ltG'FIt C~l",~11'1SS~..£~Ll ("~.'..C}it~~~i.E~~'4 is Lessor of said real pr€~ger~tgt end o~n:er. of the real ~arope:rt~r clescribecl at. ExhLi.t "H" her.et_o, and 4rFHEREAS, th.e real property described at Exhibit "A" and "Bte ~c~mbine to farm, ~rthat is hereafter. re.ferred_ tct, as_ B.1~:c~.thorn; Carpora.te Center; and. ~n1HEREAS, the. Authority, in canjunc.tion with the Sautlx Bend. Redevslopanex~.t C.o~.i..ssi~n.,. intend: to, days-lap.. the. B].~dlsthcrn Ce~rporate. ~°snter ~.s a first-class.,, planned, bus.in~ss ca~pv:.s, compca.ses3:- of • corporate office; support affi.ce anal. research., and. general' bzzsines:s uses and: associated. fac%.lities.;. and:... ~i~]HEREAS, to ensure that Blackthorn Cs~rpora:te. Ce.n,.ter. will.... be maintained. as an attxact.ve campus-Li,.ke sett.i.ng for businesses, with. ara~ple landscaped areas., attractive h~..gh `g~.al..it~s S;tructures:,, ~,rc~p~er and d.esi.ral~le uses..,. and. appra~ri~t:e: devel~~aznen:~_; tc~ p~~c~te~t aga~.nst undesirable. uses.,, to guard ae~a.l..nst the. c~zn~tructic~n. df iznprovemerxts bta:ilt of. improper anaterials. car deai-g~;~ to e~.cc~~ra:~e the ccanstfuetieaia:. of a.ttra~tive impxe~vements. in agprapriat:e lecations;. to prevent hazardous.. and. inhaf mcrni€xus de~relop~ne~at of the. Blacl~thc~rn_ Corporate enter, tc~ ~ecur~ an~3;. ~aint.ain pre~per' setback. aril adeguate_ free spaces. between s.t~uctu~~~ F ar~d generally to p~a~uice a: high tie ar~d_ guali.ty of developt~,ent at the Bl.ackthcrn Gc~iparate Center ~ the Authority. arxd, Commi~sis~n, have prepared.. or caused....tca be ~zrepax:ed: the. ''Becl.arati.ons.. czf Fre~tective and.. Restrct~re C~zversants. a~ Blackkthcrn:. Corporate Center" and.. "Bl.ackthcarTa Corporate C.er~.ter Devela~rst G~.~idelinea," both separately attached h.eret,o: and.: r~arl~e~t. as F.ibt. s'~.n and rr~+e r respecti.uel.y, and. madam a part heres~f... rrow , THEREFQ~:, BE. ZT RESdI,~ ~~ THB saw aE~ REI~E~ZEL.QRMEHT ATJTIi~1~t.~Ty EQLLQ~dS .. l . TY1e "Beclarations e~f Preatecti~re and Restric.ti~re. Caven:ants_ of Blackth€xrn. Corporate Center" appended berate as. Fxh_? bit "~'? as they apply to the.. real,. propertg described.. at E~hab.t "A°} hereto. shall, bc. acad. he:rehy arse. approved... 2 . The "Blackthorn Corpora ne Ceaate~ Development Guidelines" appended hereto: as E~h~ait "'~"~~? as theg* apply t.o the. real. property dPSoribe~l. a.t E~zibi.t. "Ai" here.ta: shall: be. and hexel~y aye app~a~red. 3. The Secre.ta~~ of the- Authority is hereb~a direeted to transmit a certified. copy of this. r.esolution., with all- attachment:s.., to the. .South. Bend.. Redevelopanent Commi.ss:l.on for its. consideration anal,.. i.f. the "Beelarati.ons of Pr.c~tective and Restrictive C~avenants of Blac~.thorn. Ccarpc~rate: Cer~ter'° any. "Blacl~thorn. Corporate Center. I~evelopme~at Guidelines." a:rc appxotired by the SQUth Bend. Redevelcap~erxt_ Coazr~.ssi.can,. to iecc~rd iri the Cf.fiee. of the Sit. Je~seph County Recorr'~er a: ccap~ of this. Rese~lutiox~.r Tong ~r.th a11. attachments: a. ~ c,cxpg~ of an~r r-esc~luti-on concerning: th.e wane agpra~vecl by the. Sout~x. Bend. Redevelopment Commission.. This. resolution. shall.. be. in full. force and.. effeet from: and... after.. i.ts adoption. A~.©pte~. at the r. egu.lar meeting caf the. Swath fiend Rede~'eT,opmen:t A~thorit~,r held March. ~~, 1.993,.. at 4c30 p.m., 1~Q8 Gcxt.~.i1t~'-:tom Et~i1..d:i~z~c~,. South... Bexu3, Ix~eii.ana. 4.6FaQ1. SUUTH I3E~1I.1 REFtEVF~t}PIKF.NT fit3TH~RI~Y 7 r sPg Wrc~~xl.e.~~ki, Fre~c3.en,t~ . AT ST: ~ ~ ~ ~ Ronald Ka. k'e~,rell • :7 EXHIBIT A SOT I: A part of the Southeast Quarter (SE4) of Section 19 and a part of the Northwest Quarter (NW4) and a part of the Southwest Quarter (SW4) of Section 2Q aTl in Township 38 North, Range 2 East, German Township, S~. Joseph County-,Indiana, more particularly described as follows: Commencing. at the southwest corner of the- Southwest Quarter o€ said Section 20, also being the sauth.east corner of .the Southeast Quarter of said. Section 19, thence North 00°'14'09" 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°4TT2310 West a distance of 331.96 feet parallel with and 7Q.00 'feet north of the 'south line of said Section 19, thence North O.d°12'37" East a distance of 35.00 feet; thence. North 89°47'23'e 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-P,°` • of the Indiana Toll Road.- U.S. 31 Bypass nterchange,ahence North 00°09'46" East a distance. of 95.12 feet along said east right of way line, thence N©rth 19°07'38" West a distance of 105.95 feet along said east right of way line; thence North 00°09'47" East a distance of 613.95 feet along said east right of way line, thence North 27°51'25" 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 To11 Road - U.S. 31 Bypass interchange; thence North 55°33'03" East a distance of 195.00 feet along said southeast right of way line; thence North 45°09'46" East a distance of 196.84 feed to the south line of the Northeast Quarter (NEB) of the Southeast Quarter (SE) 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°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 Na. 9127017, St. Joseph County Recorder), thence North 00°14'09" 4Jest 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,northeas~ line or said "F~Tarranty Deed" to the South Bend Redevelopment Authority, to the east Iine of the Southeast.Quarter.(SE~) of Section 19; thence North.. 40°26'-51" fast a distance of 22.2..43 feet along said southeast right of way line also being the northeast line of said "Warranty Deed" to the South fiend Redevelopment Authority, to the. north line of the Southwest Quarter (SWa) of Section 20; thence I3.orth 55°'53' 47~' -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 NC1. 225535, St. Joseph County Recorder), also being the. south right of way line. of said Indiana Tall Road, thence South..-89°'4.3''QZ" 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. 7820810, 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°16'58" West a distance of 30.00 feet along an east line of said "Warranty • Deed" andalso a west line of the Indiana Toll Road; thence South 89°43'02" East a`distance of 412.00 feet along the north. line. of said "Warranty Deed"also being the south line of the Indiana To11 Road to the east line-of said "Warranty Deed"; thence South. 00°16''58" West a distance of 468.80 feet along the east line of said "Warranty Deed" also being the west line of the Indiana To1T Road, also along the west line of a "Warranty Deed" to the Staae of Indiana (Book 538, Page 506, St. Joseph County Recorder), thence South 89°43'02" East a distance of 605.99 feet along the south line of said "Warranty Deed" to the State of Indiana and.. along the north Iine of said "Warranty Deed" to the South. Bend Redevelopment. Authority.; to the east. line of the Southwest Quarter (SW'4-) of Section 20, also being the centerline of Mayflower Road; 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°40'0'x" West a distance of 10268 feet along saki north right of way line; thence North 89°49'35" West a distance of 11.34.31 feet along said north. right of way line; thence South 89Q40' 07" West a distance of x€13. ~5 feet along said north right of way line to he point of curvature of a tangent curve to the Ieft • having a radius o~ 790.00 feetf an internal angle of 32°09`I9" and subtended by a long chord having a bearing of South..°~3°35'28" West a. chord.. length of. 437.56 feet; thence westerly along said curve also ht of way line a distance th ri said g ear being along of 443.36 `feet to a paint of compound curvature with a curve t<a 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 chc~re3 length of 38.63 feet; thence northwesterly along said curve also, along. the. east right of way Fine of Northwest Laap.Street. a distance of 41.98. feet to the point of tangency, thence North 42°19' O1'" West a distance of .2.71.. 63 feet slang 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 and subtended by a long chord having a I80°00'OQ" , 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 Loap Street a distance of 345:58 feat to the point of tangency; thence South 42°19'01" East a distance af-271.63 feet along the southwest right of way line of said Northwest Loog Street to the point of curvature. of a tangent curve to the right ' of having a radius of 30.00 feet, an internal angle 8.0°10'02" and subtended by a long chard having a bearing of South 0~°14`00'° 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 paint of compound curvature with a curve to the left .having a radius of 790.00 feet, an internal angle of 54°40'09'" and subtended by a long chard having a bearing of South 10°31`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 Parkwa~r a distance of 753.78 feet to the paint of tangency;-thence. South 16°48'59" East a distance of 185.73 feet along said west right of way line to the paint of curvature of a tangent curve to the right having a radius of 710.00 feet, an internal. angle of 38°43`5.5„ and subtended by a long chard having a bearing of South 02°32.`59" West a chord length of 40.87 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°05`04" West radially a distance of 150.00 feet; thence South 32°04'34" West a distance of 197.57 feet, thence South 47°45'49" East radially a distance of 150.00 feet to the paint of curvature. a€ a nontangent curve to - way the left, said point being an the. west right of line of Nimtz parkway, said curve having a radius . of 71Q.DO feet, an internal. angle of 38°31'59" and subtended by a long chord having`a bearing of South. 61°30'11" West a cYiord..length of 46$.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. paint 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 0U°14'(19" West a distance of 2Q.33 feet t.o the: .Point of Beginning and::cantaining 91.19Q acres, mere ar less, together with LOT II- Apart 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 foLlowsz Commencing at .the South Quarter (S4} corner of said Section 20; thence North 00°19'53" West a distance of 2135.00 feet along the North/5auth Quarter Section Line of said Section 20 also being the centerline of Mayflower Road; thence South 89°40'07" West a distance of 102..84.. feet. along. the centerline of Nimtz Parkway; thence North 89°49':3.5" West 1134.31 feet along the centerline of Nimtz Parkway; thence.. South 00°04`44" East a distance of 40.00 feet to a point an the south right of way line of said Nimtz Parkway,said point being. the Point of Beginning of this description; thence South 07°1Q'25" West a distance o~ 450.OQ feet; thence. South 72°24'(}3" West.a distance of 300.00 feet; thence South 00°19'53" East a distance of 8.30.OE} feet; thence North 87°45`14" West a distance of 354.23 feet to a paint 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°03'45' and subtended.. by a king chord having a bearing of North 07°17'07" West a chorei 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°48'59" West a distance of 185.73 feet along. said east right of wag-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 chard having a bearing of North. 36°25`34" Rant a chord distance of 1137.67 feet; thence northeasterly . along..sad..curve and also ..along said .east right of way line a distance of 1318.54 feet to the point of tangency. of said curve; thence North 89°40'07" Rash a distance of 102..69 feet to the Point of Beginning and cantai.nng 14.690 ages, more or less, together with LOT IIL: A part of the Southwest: Quarter (SW4) of Section 20 and a part of the Northwest Quarter (NW4) of Section 29, all. located in Town:shi.p 38 North, Range 2 East, German Tawnship, St. Joseph County, Indiana, rn©re particularly desdribed as follo~,rs Eegnning at the South Quarter (s4} corner of said Section 2Q, also being the North Quarter (N~,) corner of said Section 29; thence S®uth 00°10'4:4" East a distance of 970.OQ feet; clang the north/south. quarter section line of Section: 29; thence North 89°27'09" West a distance of 75~.OQ feet, parallei-with the: north line of Section 29; thence North 52 ° 59 ° 4910 West a distance of 689.95 feet; thence North 00°10'44" West a distance. of 580.00 feet, parallei with the north/south. quarter section line of Section 29; thence North 48°52'4l" East a distance of 857.93 feet; thence North 0.0°19153`" West a distance of 700.0(} 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 24x06 ~ 04" Went. a distance of 438.80 feet to a point on the south right of way line of Nmtz Parkway; thence South 89°49e35" East a. distance of 793.86 feet along said right of way line; thence North 8940'07" East a distance of 103.04 feet to the north/south 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 Foint of $egnning and containing 63-.129 acres, mare ar less. Staid parcel is subject to all right of way and easements of record. EXCEPTING 'T~FTF`.RFF°ROM a parcel of land located in the Northwest Quarter (NWT) of Section Twenty-nine (29), Township Thirty-eight (38) North of the Second Principal Meridian and all being located in the City of South Send, German Township, St. Joseph County, Indiana and more particularly described as follows: Beginning at a monument,. found, at this Northeast Corner of the Nor hwest Quarter (NWT) of said Section Twenty-nine (29}, thence South 00°10'44" East (this and all subsequent bearings being referenced to the Last line of the Southwest . Quarter (SW¢) of Section Twenty (20), Township Thirty-eight (38) North, Range Two (02} East which has a grid: bearing of North. 00°1.9'53" West), along. • the East Iine of said Northwest Quarter (NWa} of Section Twenty-nine (29), a distance of 970.0a .feet;:.. thence North 89°27'09" West, parallel with the North. line of said Northwest Quarter (NWT} o Section Twenty-nine (29}, a distance of 750.00 feet; thence North 52°59'49" West a distance of 68g.g5'feet; thence North OQ°10''44° West, parallel with the East line of the said_Northwest Quarter (NWT} o€ Section Twenty-nine (~9}, a distance of 560.00 feet to the paint an the North line of said Northwest Quarter-(NW4) of Section Twenty-nine (29) thence South 89°27'09" 4dest, along the North line of said Northwest :'Quarter (NW4} of 'Section. Twenty-nine (29}, a distance of 1299.74 feet.-to the Paint of Beginning said parcel is also subject to an easement for ingress and egress to the golf course. More particularly described as follows:. Begnni:nq at the North Quarter corner of Section 29; thence South 00°10'44" East a distance,of 970.00 feet .along the east line of the Northwest Quarter (NW4) of Section 29; thence North 89°27''09" 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 (NWT} of Section 29; thence North 00°10'44" West a distance of 970.00 feet along a line 5Q.00 feet west o€ and parallel with the east line of the Northwest Quarter (NW4) to the intersection with the north line of the Northwest Quarter (NW4) of Section 29 said line also laeing the south line of the Southwest Quarter (Sw4) of Section 20; thence North 00°19'53" West a distance of 2.38 feet along a line 50.0~..feet west of and parallel with. the east line of the Southwest Quarter (SW4) of Section 20 to the. paint.. of curvature of a nontangent curve to the left having a radius of 250.00 feet, an internal angle of 1b°15`35" ands~:btended by a long chord-having a bearing of North 44°40`06" East and having a chard length of 70.'71 feet, thence northeasterly along said- curve a distance of .70.95 -feet. to the east line of the Southwest Quarter tSWa) of Section. 20; thence South OQ°19`53" East a distance of 53.15 feet along said east line to-the Point of $eginning. • EXFiIBIT ~"B'' ~, parcel of land locatec9. in the Northwest Quarter.(NW4) of section Twenty-nine (l9}, Township Thirty-eight (38} North of the Second Principal Meridian and all being located in the City of South ~3end, German Township, St. Josegh County, Indiana and mire particularly described as follows:. Beginning at a monument, found, at this Northeast Corner of the Northwest Quarter (NWT) of said Section Twenty-nine (29); thence South 04°IOg44" 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°19'53""West}~ along the East line of said Northwest Quarter (NW4} of Section Twenty-nine (29), a distance of 97f?.40 feet; thence North 89°27'09" West, parallel with. the North line of said Northwest Quarter C1`'(~T4} of Section Twenty-nine (29}, a distance of 75Q.OO feet; thence forth 52°59'4.9" West a distance of 689.95 feet; thence North 00°10'44" 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°'27`'09" West, along the North line of-said Northwest . Quarter (NW4) of Section. Twenty-nine (29}, a distance of 1299.74 feet to the Foint of Beginning. BCCjLEGAL L` ~ar1117I l~ 1. 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 "Authorit~'~, 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 descnbed 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 Blackthorn Corporate Center (referred to as "Blackthorn"} is and shall be held, conveyed, hypothecated ,encumbered, leased, transferred, cold, occupied, built upon or otherwise. used or improved in whole or in part, subject to the Covenants and Restnctions (sometimes referred to as "Covenants")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 Blackthorn .and are established for the. purpose of enhancing the value, desirability and attractiveness of Blackthorn and every part thereof. ARTICLE 1 DEFIN1T10NS 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. "Arch~ectural 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 Redevebpment Authority, as Owner of the real property herein referred to as Blackthorn. i.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of Trust on any portion of the Property, the holder of Record of the secur'~ty interest under such Dead of Trust. The word, "Beneficiary," shall also include a mortgagee under a mortgage. 1.6 Blackthorn. "Blackthorn" 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 4/199 1.7 Board. "Board" shall mean the Board of Directors of the Owner's Association of Blackthorn as created by this Declaration. , i.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. i0 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. 1.1 i Commission. ~~seeiof the realll roes t knowa BBlackthom and as the Declarant of s Owner and/or Les. p p ttY 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 Blackthorn; provided that in the event that any Person or entity is so designated as Declarant for only a portion of Blackthorn, then the right and powerto make, give or take any consent, approval or action required of the Declarant under this Declaration with respect to such portion of Blackthorn and any rights of the Declarant under this Declaration with respect to such portion of Blackthorn, shall be deemed lodged solely and exclusively in the Person or entity so designated as Declarant with respect to • such portion of Bladcthom, and any Declarant of any other portion of Bladcthom shall have no nght, 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 specrf~rty 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 alt other structures or improvements of any type and kind, and any and all alterations and changes to a Site. 1.15 Lot. "Lot" shall mean any parcel of real estate contained within Blackthorn 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. • 411/93 ~ Blackthorn Corporate Center -Covenants & Restrictions 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 bng as its interest in the particular Site or Sites is for -- - purposes of security only.. i.19 Owner's 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. 1.21 Recorzi/Recorded. "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 kind whatsoever, which is placed, posted or otherwise fastened or affixed to the ground and/or structure within Blackthorn. 1.24 Site. "Site" shall mean a contiguous area of land within Blackthorn 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 bts on any Recorded subdivision plat or Recorded survey map of all or any portion of Blackthorn. 1.25 Site Furniture. "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. Byway 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 Blackthorn and shown on any Recorded subdivision map or survey. 1.27 Trusf 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 Censer -Covenants & Restrictions 4/1/93 ARTICLE 11 CHARACTER & PURPOSE 2.1 Characterand Purpose. This Declaratbn is made to ensure the proper use and devebpment of the Blackthorn Corporate Center. ft is the intent of this Declaration to ensure that the devebpment of Bladcthom will have minimal impact on the natural - landscape, vegetation and wildlife. Blackthorn will be maintained as a premier business environment for office, support office/research and general business uses in a natural setting, with Guidelines to promote only the highest quality devebpment. 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 Saes, and in carrying out the overall development of Blackthorn. ARTICLE 111 DEVELOPMENT RESTR/CTIONS 3. i Subdivision. No Lot shall be subdivided and no Lot's size, dimensbns or boundaries shall be mod'rfied, changed or altered, whether by conveyance, lease, dedication, forecbsure proceedings, forfeiture or any other means, except as provided in Secton 3.5 bebw. 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 Committeeand/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 Bladcthom, a request to subdivide the Owner's Lot or otherwise mod'rfy, 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 wntrng and delnrered to (a) the Commission, so long as the Declarant owns at least five percent (5%) of the land area in Blackthorn, or (b) 'rf the Declarant no longer owns at least five percent (5%) of the land area in Blackthorn, 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 nght in its sole and absolute Blackthorn Corporate Center -Covenants & Restrictions 4/t~93 discretion to accept or reject such request. Any such request shall be • deemed rejected unless the Commissbn not'rfies the. requesting Owner of approval within such sooty (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 wrthin 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 wrthin the ninety (90) day period provided above. 3.6 Declarant Owned Lots. The restrictions contained in Sections 3.1 and 3.4 shall not apply in any manner to Blackthorn Lots owned by the Declarant. ARTICLE 1 V USE RESTRICTIONS 4.1 Prohibited Uses. Any use that, in the opinion of the Commission or the Committee, could produce adverse effects upon Blackthorn in terms of the health, safety or welfare of Persons; or which may be ham~ful to the Improvements thereon; or which in the opinion of the Committee does not agree with the intent of the devebpment plan for Blackthorn as generally described in Article II hereof and in the Guidelines; is prohibited, including without lim~tatbn, the folbwing: 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 • 4/1/93 5 8lackihorn Corporate Center -Covenants & Restrictions j. 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 pe-mitted. Uses not specified as permitted are prohibited unless approved by the Commission. 4.3 _ __ Limitations on Truck Traffic. Truck traffic in Blackthorn 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 vehigl weight (particularly semi-trailer trucks) are prohibited from general business activity in Blackthorn. Uses which would require daily use of such trucks are prohibited uses. 4.4 Perrnitted Uses. For the purposes of setting forth the permitted and prohibited uses of Blackthorn, 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 Blackthorn according to the use map illustrated in Exhibit "B:' No Owner may change the designated use of a Blackthorn Lot or establish or suffer a prohibited use on a Blackthorn 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%) of Blaccthom, a request to re- designatethe use of the Ownet's Lot or otherwise mod'rfy, change or adjust the established or existing use of the Lot. Any such request shall be m writing and delivered to (a) the Commission, so long as the Declarant owns at least five percent (5%) of the land area in Blackthorn, or (b) rf the Declarant no bnger owns at least five percent (5%) of the land area in Blackthorn, 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 nght in its sole and absolute discretion to accept or reject such request. Any such request shall be deemed rejected unless the Commission not'rfies the requesting Owner of approval within such s'~cty (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 beheld 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 D~~u es a e excluded fro mhe~ncga~ulatbn of the t t I gross floor area of albuilding ing st • ~ Blackthorn Corporate Center -Covenants & Restrictions 4/1/93 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 fbor area of the Building. Retail use as part of a permitted Budding is permitted so bng as the total floor area ded'~cated to retail -use ~s less than ten percent (10%). 4.7.2 _ _Suppa-t Office/Research. Lots. designated "Support OfficeLResearch".are permuted to have any use permitted on a Corporate Office Lot. At least thirty- three percent (33%) of the fbor area of any Support Office/Research Building must be dedicated to office space. Other permuted uses on Support Office/Research designated Lots include: a. Free standing health, recreational and athletic clubs and facilities. b. Free standing day care facilities. 4.7.3 General8usiness. 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 fbor area of the Building is designated for office use, may be perrn~tted: provided, however, that any such use must be spec'rfically 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 Blackthorn 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 "Comm tee") for Blackthorn. 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 bng as the Declarant owns at least_five percent (5%) of Blackthorn. 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 rights in writing: The individual Committee members do not have to be members of the Association. 5.2 Necessity of Architectural and Site Plan Reviewand Approvals. No Improvements, of .any kind, shall be commenced, constructed, erected, placed, altered, maintained, or suffered upon on any Blackthorn Lot, nor shall any add~tbn, change, or atteratbn thereon or thereof be made without the prior approval of the Committee. The Committee shall review proposed plans and spec'rficat~ons for compliance with the Covenants and ~ Blackthorn Corporate Center -Covenants & Restrictions ~~~93 Guidelines and shall use its discretion to insure that all Improvements harmonize with other existing or proposed Improvements to Blackthorn with respect to external design, color scheme, shape, height, type of materials, quality of workmanship, bcation, topography, finish grade elevation,. preservation of views, natural resource conservation, circulation patterns, vehicular access, pedestrian circulatpn, parking, landscaping and easements so that devebpment will further the purposes of Article II hereof. __ 5.3 Right to Disapprove Similar Plans. Declarant hereby acknowledges that the Committee, m the exercise of the reasonable judgment of the members thereof may from time to time approve plans and spec'rfications for an Improvement whiG", 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 pursuarit to plans and spec'rfications 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 specrfications previously approved by the Committee for other Improvements, and the Declarant and the Committee hereby reserves the right #o disapprove subsequently presented plans. and specifications similar or identical to those previously approved. 5.4 Application for Approval. Plans and spec'if'ications and an application requesting approval thereof shall be submitted to the Committee at the expense of the Applicant and pnor to submission to City and/or State of Indiana for building permits. Applicants must submit four sets of plans and spec'rfications (one set must be in reproducible form) to the Committee. Such plans and spec'rfications shall include: a. Architectural plans and spec'rfications including Building elevations, types r~ of materials, exterior colors, exterior Lot lighting, a brief description of mechanical and structural systems, fbor 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, ingresst'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, fbw 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 empbyees intended to work in such devebpment; 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; g Blackthorn Corporate Center -Covenants & Restrictions 41U93 h. Complete landscaping plan showing type, species, variety, locatbn 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, cobr, materials, {ovation, construction and lighting wdh respect to each intended Sign; j. Site Furniture spec'rf'~cations showing size, height, design, color, materials, location, construction with respect to each piece of Site Fumrture; k. The non-refundable Review Fee and Architect's total cost estimate as set forth in Section 5.7; and I. 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 spec'rfic 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. i Temporary Variances. The Committee may waive and/or grant any temporary variance to an applicant 'rf the Committee deems such waiver or vanance 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 vanance 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 Pem~anent Variances. If an Applicant has requested a waiver and/or variance which would be permanently attached to the Site, the Committee must notrfy 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. ff the Declarant #ails to act within said thirty (30) day period. the request is deemed rejected. The Declarant may not wai a ancUor grant a vanance which would require the approval of the Board or the As~ociafion as stated in this Declaration. 5.6 Review Fee..-Plans and spec'rficatbns submitted to the Committee for review shall be accompanied by a statement from the Architect who prepared such plans and specifications certrfying as to the probable construction cost of the Improvements together with anon-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 atfive-hundred dollars ($500 US) orone-tenth of one percent (.1 %) of the Architect's proposed cost of the Improvements, whichever is greater. The Comm~tee may change the non-refundable Review Fee from time to time as rt 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. g Blackthorn Corporate Center -Covenants & Restrictions 4/1/93 5.7 Applicafion 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. i In the event the Committee fails to approve or disapprove such plans and spec'rfications or requests for variances within thirty (30) days after receipt by the Committee. of said plans and spec'rfications and Review Fee, then. such .plans and spec'rfications shall be deemed rejected. 5.7.2 The Committee reserves the right to approve plans and spec'rficatbns subject to spec'rfic changes, alterations, or adjustments recommended by the Committee. If the Applicant accepts the spec'rfic changes, alterations, or adjustments, the Appl"cant 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. 5J 3 In the event the Committee disapproves an Applicant's plans and specffications, the Committee may provide the Applicant with recommended changes: alterations or adjustments to the plans and spec'rficatbns needed to gain Committee approval. The Applicant may resubmit the plans and specrfications to the Committee within ninety (90) days of Applicant's receipt of the inrtial notice of disapproval without an additional Review Fee. 5J.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, mod'rfied, or altered without prior approval of the Committee, then the Declarant or the Associatbn will require the Owner to cause the Improvements to be restored to comply with the plans and specificatons originally approved by the Committee and the Owner shall bear all costs and expenses of such restoratan, including the costs and reasonable attome~s 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: 'rf any Improvement is erected or constructed on any Site without the prior compliance with the provisions of this Declaration or 'rf 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 Applicants 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. • ~ p Blackthorn Corporate Center -Covenants & Restrictions 411/93 5.8 Liability. Neither the Committee, the Commission, the Authority, the City or the Associatbn or their respective successors, assigns: or employees, shall be held liable in damages to anyone submitting plans and spec'rficatbns to them for approval, or to any Owner affected by this Declaratbn, by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval, disapproval or failure to approve any such plans and spec'rfications. Every person who submits plans and specifications tothe Committee for approval agrees, by submission of such plans and specfficatrons, and every Owner or Occupant of any Blackthorn Lot, by acquinng 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. 5.3 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 note of noncompliance ornon-completion, executed by the Associatbn, shall appear of Recorcf of the Official Records, or unless legal proceedings shall have been instituted to enforce compliance or completion. ARTICLE Vl OWNER'S ASSOCIATION AT BLACKTHORN 6.1 Formation of Association. The Declarant shall cause to be incorporated anot-for-profit corporation under the laws of the State of Indiana, to be called the Owner's Association at Blackthorn. 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 tts 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 folbws: a. to enforce these Covenants; b. to maintain certain common landscaped areas; c. to receive, account for and budget funds bebnging 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 Blackthorn; 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; f. to assume such other obligations with respect to Blackthorn as the Association deems appropriate; and > > Blackthorn Corporate Center -Covenants & Restrictions 4/t/99 g. to assume such other purposes as the Declarant may deem necessary or t appropriate to enable the Associatbn tp carry out the purpose and intent of this Declaration. 6.3 Members. Each Owner and a representative of the Declarant, so bng as the Declarant owns any portion of Blackthorn, 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 carryon 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; c. 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 Associatbn 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-f'nre percent (25%) of the total .land area of Blackthorn; (exclusive of areas dedicated to public authonty and landscaped areas); and b. two (2) directors so bng as the Declarant owns not less than fifteen percent (15%) of the total land area of Blackthorn; (exclusive of areas dedicated to public authonty 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 Associaton and Section 6.4 herein. 6.6 Assessments. As a member of the Associaton, 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 4/1/93 6.7 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 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 amount at an annual rate equal to the maximum legal rate or three percent (3%) above prime as reported in the Wall Street Journal, whichever is bwer. The rate will be adjusted annually on the anniversary date of said nonce 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 Associatbn, record notice of its claim of lien against any such Lot and thereafter pursue an action to forecbse said lien in any manner now or in the future perrnitted by law or equity. The Association may, in addition to, or instead of, forecbsure, obtain a personal judgment against the Owner. ARTICLE V-1 COMMON AREAS AND EASEMENTS 7. i 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 abng 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, abng, across and upon those areas of Bladcthom 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, beating, installing, replanting, relocating, reinstalling, maintaining, removing, treating, repairing, imgating, fencing and husbanding all trees, hedges, shrubs, bushes, plantings, plants, grasses, flowers and other vegetation. 13 Blackthorn Corporate Center -Covenants & Restrictions 4/i/93 7.2.1 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 Declaratron 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. 7.2.2 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 interesttherein to any third parry including without limitation the City, other public authorities or the Assocratron. 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 benef'~s 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 Blackthorn. 7.2.4 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 rn Article II of the Declaration is carried out. 7.3 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 Blackthorn to be known as Conservation Easement Areas for the exclusive purpose. and use of conserving portions of Blackthorn 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 boated within Blackthorn. 7.3.1 Upon review of the plans and spec'rfications 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 wdl be included in the ca~ulation 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, mod'if'ications, 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 empbyees, or the Declarant, the Association, their representatives, successors, successors rn interest and assigns, or empbyees, 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. ~q Blackthorn Corporate Center -Covenants & Restrictions 4/193 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 Blackthorn. 7.3.4 The rule of strict construction does not apply to the easement reservations herein above set forth.- Such reservations shall be gnren 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 ofLandscape Areas. In furtherance of the purpose of these Declarations as stated in Article II herein. The folbwing establishes installation and maintenance responsibilities ofthe Common Areas, the Landscape Easement Areas, Open Space and Parking Landscape Areas, and Conservation Easement Areas. 7.4. i 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 wdl 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 tothe 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 specrfications 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 Assoaation 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 Blackthorn. 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, srte and parking lot drainage, lawn Chem"icals and snow storage. Artificial maintenance of the vegetatan in said Conservaton Easement Areas is prohibited without prior written approval ofthe Committee. t 5 Blackthorn Corporate Center -Covenants & Restrictions 4/199 7.5 Owne-'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 Blackthorn. ARTICLE Vl/1 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 waltfinish, 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 bebw 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 frontand/or side boundary with a public Right-of-Way. The bike path must follow the condor 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 empbyees, additional off-Street parking shall be provided by the Owner or Occupant in accordance with the preceding provisions. No parking, visitor or empbyee, shall be permitted in the Parking Setback. 4/1/93 ~g Blackthorn Corporate Center -Covenants & Restrictions 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 bading and unbading of materials from vehicles shall be conducted entirely upon the Sites. No bading facilities shall be placed so as to permit bading 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 wr~ten approval of the Committee. Such Signs and other advertising devices shall be approved only 'rf their size, design, cobr, texture, illuminatbn, number, locations, means of supporf and construction and other characteristics conform with the standards prescribed from time to time by the Guidelines. fn 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 suff~c~ent to convey the total impression created by the device. 8.8 Site Fumiture. No Site Fumiture, 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 Fumiture 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 Fumiture on a Site must first submit specrfications and plans for such Site Fumiture to the Committee. Said plans and spec'rfications should include the style, cobr, material, texture, number, s~te.locations and any other infom~ation about the character of said Site Fumiture. 8.9 Waste and Refuse. All waste materials and refuse shall be stored within the Building. Building design should accommodate anair-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 (6Q) days after occupancy or Building completion whichever occurs first, unless the Comm~tee 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 constructbn, 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 in the. Guidelines. 8.11 Outside Storage and Equipment. No vehicles, material, supplies, equipment or products shall be sto"red, installed or perrnitted to remain on any portion of Blackthorn outside a pem~anent structure. Temporary storage of materials, equipment and supplies in relation to and as a part of the constructbn 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 Blackthorn Sites. 411/93 i7 Blackthorn Corporate Center -Covenants & Restrictions 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 cert'rficate of occupancy. 8.15 Maintenance of Improvements. a. Owners and Occupants shall maintain their Improvements in good and sufficient repair and in an aesthet~calfy 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 (to) days of the date of the damage. c. Buildings which happen to be vacant for any reason, shall be kept bdced 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.. ff 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 Blackthorn at any reasonable time or times to inspect the same for purposes of determining compliance with Committee approved plans ~~ 18 Blackthorn Corporate Censer -Covenants & Restrictions 4/1/93 • and specifications, the Covenants and the Guidelines. In the event any such violations and breaches are not cured within f'rfteen (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_ provrsrons hereof as interpreted by the Declarant, the Committee and the Associatron, 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 Blackthorn are further separately empowered to seek by legal proceedings, either in law or in equity, appropnate 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 Attorneys' Fees and Liens. ff in connection with any enforcement of this Declaration, with respect to any Site, it shall be reasonably necessary to secure the services of attomeys, then the reasonable fees of such attomeys, and all other costs of enforcement sha!I 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 forecosed by any appropriate )egal 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 maybe excised or abated by the Declarant, the Association; the O' ,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. i9 .Blackthorn Corporate Center -Covenants & Restrictions 9/1/93 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 Blackthorn, and every other Person at any time having or acquiring any right, tale: interest, lien, or estate in, on or to any portion of Blackthorn, 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 representativesand assigns to be bound by the Covenants. AU obligations hereby imposed are covenants running with the land and shall bind every Owner and Occupant of every part and parcel of Blackthorn 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 Blackthorn and shall create mutual, equitable servitudes upon each portion of Blackthorn in favor of every other portion of Blackthorn. ARTICLE XI ASSIGNMENT AND LIMITATION OF LIABILITY i 1.1 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 parry (herein called "Successor Declarant"), either in toto or pro tanto as to any portion of Blackthorn 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 2Q Blackthorn Corporate Center -Covenants & Restrictions Ml/93 and assumed by Declarant herein. If at anytime Declarant ceases to exist and has not made an assignment, a Successor Declarant maybe appointed by the Board with approval of at least fifty-one percent (5t%) oftheAssoc~ation 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 empbyee of the beclarant, 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 perfommance of the Declarants, 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 determinatbns with respect to the Character and Purpose of Blackthorn 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 specif'~cations 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 confommance of the Improvement to building or other codes. Furthemmore, 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 12.1 Amendment. This Declaration and its covenants and restrictions shall run wlth the land and be binding until December 31, 2023. So bng as the Declarant owns any part of Blackthorn, 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 Blackthorn or the Declarant relinquishes rights to appoint a member of the Board, these covenants may be amended or mod'rfied by action of the Association, with voting rights as established in Section 6.4 herein. Amendments shall become effective ten (10) days after nonce of adoption of said amendment, together with a copy of the recorded amendment, is mailed to all Blackthorn Owners. Notwithstanding the forgoing provisions of this Section 12.1, the easements reserved and granted in this Declaration under Article VII 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 maybe extended for successive periods often (10) years by the Recording in the Official Records a written instrument declaring the extension of the term hereof, duly executed by Declarant, 'rf the Declarant owns some portion of Blackthorn, not including easements reserved and granted herein under Article VII, and, rf the Declarant does not own any portion of Blackthorn, so described, the written instrument shall be executed and acknowledged by 21 Blackthorn Corporate Center -Covenants & Restrictions '1/1/93 majority of the members of the Association, with voting rights as established in Section 6.4. 12.3 Ownel's 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 Notrces. Any nonce, 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 cert'rfied 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 descnbe 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. i2.8 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 un'rform plan for the devebpment 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 a continuing waiver. 12. i i 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. i2 Governing Law. These Covenants shall be construed in accordance with the laws of the State of Indiana. 22 Blackthorn Corporate Center -Covenants & Restrictions 4/1/93 IN WITNESS WHEREOF,the SOUTH BEND REDEVELOPMENT COMMISSION, jointly and severally with the SOUTH BEND REDEVELOPMENT AUTHORITY, have declared fhe above and foregoing Protective Covenants & Restrictions for fhe Blackthorn Corporate Center. For fhe Declarant: SOUTH'g ND REDEVELOPME COMMISSION L7 ~ Paula N.. Auburn, President ATTEST.• ~ ,~ ~ , Theo F. Sharp, Secretary °~ State of fndiana ) 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 N. Auburn, and Theo F. Sharp, President and Secretary, respectively, and acknowledged the execution of the forgoing Declaration. IN WITNESS WHEREOF,1 have hereunto subscribed my name and afSxed my official seal on the ~ uj1. tF11 Notary Public / r •' ~ ~ t.> ~';~~ Residing in St. Joseph County, Indiana : ~ << ~ -- ., Commission Expires: ~ l.- :l.r. ~. 23 Blackthorn Corporate Center -Covenants & Restrictions 4/193 • • For the Declarant: SOUTH BEND R DE~LOPMEN~AUTHO _ ~~ Jos p Wrobl wsld, President At~.JT _._ o- _ Donald K. Fewell„ 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 Donafd K. Fewell, President and Secretary, respectively, and acknowledged the execution of the forgoing Declaration. IN WITNESS WHEREOF, l have hereunto subscribed my name and affixed my official seal on ~''``*. ~.. '~ ~ ,~et.exee , / t t e~~J~-dayof c~~z.~:~ .1951'i ~j ~; ~ ''-~, , Notary Public = =r f- .° -~ = ~- r Residing in St. Joseph County, Indiari~ = G ~ c; ,' Commission Expires.~~ ~ ~ ''~"j ~ ' ~ • ~ , -~:.:.- . 24 B-ackthorn Corporate Center -Covenants & Restrictions 411/93 EXHIBIT "A" • BLACKTHORN CORPORATE CENTER L II I-80/90 Toll Road ~ ~ r '~ i~~ ~~ ',' ~~ tt rl i~ !! t~ >> ~ !r ~~ i r ~~ r i ~i t1 ~ ,-~ ;' ~;; ': , ~~. ,~ i I..Ot ~, i ~~~ Nimtz Parl.~vay Lot 4 ~'~ ~i ~~ ~~ Lot 1 ~ b I o x ~/j ~ Nimtz Parl.-~~ay ¢. ~, as M N i• Blacldhorn Corporate Center -Covenants & Resiridions 3 0 C i r----------• ------- i ~I 41]/93 DESCRIP710N LOT N0. 1 A port of the Southwest Ouarier (SWl/4) of Section 20 and o port of the. torthwest Ouo.~ter (lJWi/4) o,` Section 29, ell located in Township 38 North, Range 2 Eost, 6ermon Township, St. Joseph County, lnd%onc, more particularly described os follows.• Beginning of the South Ouarfer (Si/4) corner of said Section 20, o.~so beinc the North Ouorfer (N]/4) comer of said Section 29; (hence South OG' 10' 44" Eosf o distance of 970.D0 feet, along the north/south quarter section line of Section 29,' thence IJorfh 89" 27' 09" West o .distance o/ 750.00 feet, porollel. with fhe north line of Section 29; thence North 52' S9' 49" West o disfance of 689.95 feet; thence Norfh DO' 10' 44" West o d,~stonce of 580.00 feet, porollel with the north/south quartet section line of Section 29; (hence North 48' S2' 41 " Eost o disfance of 857.93 feet; thence Norfh 00' 19' S3" West a distance of 700.D0 feet, porollel with fhe north/south quarter section line of Section 20,' thence North 1 G' 15' 27" West o distance of 406.08 feet; thence North 24' 06 04 West o distance of 438.80 feet to a point on fhe south right of way Line of Nirntz Parl:woy, thence South 89' 49' 35" East a disfance of 793.86 feet along said right of way line; thence North 89' 40' 07" Eost o distance of 103.04 feet io fhe northh/south quarter section line of Section 20,• thence South 00' 19' 53" Eosf o distance of 2095.00 feet along said north/south quarter section line fo fhe Point e.` Eeginning dnd contai;,irg 63.129 acres, more or less. Said parcel is subjel't to ol/ rig,4f of way and easements of record. Said parce' is also subject to on easement for ingress and egress to the golf course. More particularly described os follows: Beginning of the North Ouarter. corner of Section 2°• thence South DO' 10' 44" East a distance of 970.00 feet along the ecst line of the Northwest Quarter (NWl/4) of Section 29,• thence North 89' 27' 09" West o distance of 50.00 feet along o line 670.00 feet south of and porollel with the north line of Lhe Northwest Quarter (NK7/4) of Section 2Q• thence North DO' 10' 44" West o distance of 970.00 feet along a line 50.00 feet west of and poral/e! with the east line of the Northwest Ouorler (NWf/4) tc the inre,•secticr, with the north line of the Norfiwest Guorfer (NW1/4) o/ Section 29 said line olsc .being the south line of the Southwest Ouorfer (SW's/4) of Section 20,• (hence North OD' 19' S3" West a distance cf 2.38 feet along o line 50.00 feet wesf of and porollel with the east line oI the Southwest Ouorter (SW"/4) of Section 20 to the point of curvature of c nontongent curve to the left howhg a radius of 250.00 feet, an internal angle of 16' i 5' 35" and s;:btended by o long chord having o bearing of North 44' 4G' G6" Eost and heving o chord lergfh of 76.71 !eet; thence northeasterly along scic•' cun~ c distcnce o1 70.95 feet to the east line of the Southwest Oucrter (SW7/~) of Section 20,' thence Soutr•, OD' i9' S3" cost a disfance cf 53.15 feet oiorg said east line tc the Point c/ Beginning. • Blackthorn Corporate Center -Covenants & Restrictions 4/1/93 DESCRIPTION LOT N0. 2 A part of the Southwest Quarter (SWl/4) of Section 20 located in Township 38 North, Range 2 East, all in German Township, St. Joseph County, Indiana, more particularly described os follows.• Commencing of fhe South Quarter (Sl/4) corner of said Section 20; thence North 00' 19' S3" West a distance of 2135.00 feet along the North/South Quarter Section Line of said Section 2G also being. the centerline of Moyl3ower Road; fhdhce 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 Parkway, thence South 00' 04' 44" Eosf a distance of 40.00 feet to a point on fhe south right of way line of said Nimtz Parkway, said poinf being the Point of Beginning of this description; thence South 07' 10' 25" West o distance of 450.00. feet; .thence South .72'.24' 03" West a disfance of 300.00 Ieet; thence South 00' 19' S3" Eosf o distance of 830.00 feet; thence Norfh 87' 45' 14" West a disfance of 354.23 feet to a point on 'fhe east righf of way line of Nimtz Porkwoy, said point being the point of curvature of a nontangent curve to the left having a radius of 790.00 (eef, on infernal angle of 19' 03' 45" and subtended by a long chord having o bearing of North 07' 17' 07" West a chord distance of 261,62 (eet; thence northerly along said curve and also along said Bost right of way line a dlstonce of 26283 feet to the point of tangency of said curve; thence North 16' 48' S9" ~l'est a disfance of 185.73 feet along said east right of way line to the point of curvature of a tangent curve fo .the right hovrng o radius of 710.00 feet, an infernal angle of 106' 29' 06" and subtended by a long chord having o bearing of North 36' 25' 34" Eost o chord distance of 1137.67 feef; thence northeasterly along said curve and also along said east right of way line o distance of 1319.54 feet to the point of tangency of said curve; thence North 89' 40' 07" Eost o distance of 1OZ69 feet to the Poinf of Beginning and co,~faining 14.690 acres, more or less. • Blackhorn Corporate Center -Covenants & Restrictions 4/1/93 GESCRIP SON LGi N0. 4 • A port v/ the Southheest Guar!er (Sf1/4j o/ SecGvr, 19 and a pcrt o,` the A'crthwc•st GuaNe~ (NW7; 4~ c.od a port of the Southwest Oudrtar (SWl/4) cl Sectior, :Doll in Township 38 IJor!h, Range 2 Eost, Lerman Townsh.~, St. Joseph County, Mdiono, more particu/orly described os lolluws: L'ommencing of the southwest corner of the Southwest Ouerter of sale' Sectior, 20, oiso being the southeast corner o/ lf,e Southedst Guorter of said Section 19; thence 1Jorth DO' 14' 09" Wesf c distance of 70.00 legit along the east line o! said Southeast Ouorler oiso being the west line 01 said Southwest Guorter 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 legit north of the south line of said Section 1 ~• thence North 00' 12' 37" East o distcnce of 35.00 feet; thence North 89' 4T 23" West o distance o1 1109.88 feet parallel with and 105.00 feel north of sold south line;, to the east right of way line of Ramp 'H-t -A" o/ the Indiana 7011 Roaa - U.S 31 Bypass in(erchonge; thence North 00' 09' 46" Eost e distance of 95.1? feel along sold east right of way line; thence North 19' 07' 38" West o distance o/ 105.95 legit along said east right of way line; thence North 00' 09' 47" fast o dislance o/ 61395 legit along said east right of way line; thence North 27' S1' 25" fast o dislance of 177.09 legit along sold earl right o/ way tine to the southeast righ( of way line o/ Romp 'Ft" o/ the lndionc Toll Road - U.S. 31 Bypass interchange; thence North 55' 33' 03" East a distance o1 195.00 legit along said southeast right o/ way ,'ine; thence North 45" 09' 46" fast o distance o1 196.84 legit to the south line of the Northeast Ouorfer (NEl/4) o/ the Southeast Quarter (Sf1/4) o/ Section 19, also being the south line o/ a parcel of land referenced in o 'Quit Claim Deed" to the Indiana Toll Rood Commission (Book 825, Poge 591, St. Joseph County Recorder), lhehce South 89' 34' 36" Eost o distance of 986.04 feet along said south line to the southwest corner of o parcel re%enced in a "Worronty Deed" to the South Bend Redevelopment Authority (Document No. 9127017, St. Joseph County Recorder); thence North 00' 14' 09" KAst a distance of 1029.71 /ezt along the west line o/ said parcel to the southeast right a/ way line of the tndiono Toll Rood,• thence North 40' 30' 00" Eost o distance of 153.41 (eef along sold southeast right o/ way line, also being the northeast line of said "Worronty Deed" to the South Bend Redevelopment Authority, to the east line of the Southeast Ouorler (Sfl/4) of Section 19; thence 1Jortr, 40' 26' S1 " East a distance of 22243 /eel along said southeast right of way fine also being the northeast line of said "Worronty Geed" to the South Bend Redevelopment Authority, to the north line of the Southwest Guorter (Si4'1/4) of Section 20,• thence North 55' S3' 47" Eost o d,~stence of 126.b5 legit along seid southeos! right of way line to fne north, line of c percel referenced in o "Quit C/cim Geed" to the tndicne ioS! Road Commissicn (Document No. 225535, St. Joseph, County Recorder), clso being the south right of way line o/ sold Indiana Toll Rood,• thence South 89' 43' 02" fast o distance of 1348.71 (eef along scld north line and olsc olona the north line of o parcel referenced in o 'Special Warronly Deed" to Richard E. Brodlora c,^~ i-le/en M. Bradford (Documen! No.7920810, Sl. Joseph, County Recorder) oiso along a peace/ referenced in o "Worronty Deed" to the South Ber,d Reaevelopmer,t Authority (Document No. 9133751, St. Joseph, County Recoraer), c.' being along the south rignf o/ way line of the /ndiorc 7oli Rood; thence South 00' to""' S8" West o d~~tance of 30.00 feet along on east line o! sold "Worronty Deed" and oiso o wes! line o.r the lndiano loll Rocd, thence South 89' 43' 02" cost o distance of 412.OG acct along the north line o,` said "Worronty Deed" also being the south ;ine cl !ne lndiano Toll Rocd to the east line of said "Yr'brronty Deed'; it:ehce South 00' 16' S8" Wes! a distorce of 468.80 legit along the ecsf line of serf "Worronty Decd" clso Gang Lae west line of tha ;ndianc To11 Rood, also along the west line of o "K'arranty Deed" tc the State oI lndiano (Book 538. Page 506, S!. Joseph County Reror{e.;'; thence South 89' 43' 02" Eost o distance of 605.99 feet along tl,e south line of said "Worronty Deed" to the State of lndiano and along the north line o/ said "R'orrcn.,'y Deed" to the South Bend Redevelopment Authority, to the edsl line of the South»•esl Guorter (SWI/9) of Section 20, also being the centerline of Moyllower Rood,' thence South 00' !9' S4" fast a distance of 44.05 legit along said east line to the north riah.t oI way line oI Nimtz Parkway, thence South 89' 40' 07" West o distance o/ 102.68 legit along said north right of way line; thence North 89' 49' 35" West a dislance of 1134.31 feet along said north rioht of way line; thence South 89' 40' 07" West c distance of 103.05 legit along said north rioht of way line to the point o/ curvature of c tonyent curve to the felt having o radius o! 790.00 feet, on infernal angle of 32' 09' 19" and subtended by o long chord having o bearing o! South 73' 35' 28" West o chord length o/ 437.56 feet; thence. wesleriy along said curve also being along svid 'north right of way line o distance o/ 443.38 Teel to o point of compound curvature with o curve to the right having o radius of 3Q 00 lee!, an internal angle of 80' 10' 02'; dnd subtended by o long chord having o bearing o1 North 82' 24' 02" 14'est o chord length of 38.63 legit; thence northwesterly along sold curve also along the eos! right of »•oy line of Northwest Loop Street o distance of 47.98 Jeet to the point of longency, thence North 42' 19' Ol" West o dislance of 271.63 feet along.said east righ( of way tine to the pain! of curvature of o tangent curve fo the le/t howhg o radius of 110.00 /eel, on internal angle of 180' 00' 00'; and subtended by o long chord howag o bearing of South 4T 40' S9" West o chord length of 22G.00 feet; thence southwesterly along said curve also being the northwest right of way line o/ said Northwest Loop Street a distance of 345.58 legit to the point of tangency, thence South 42' 19' Ol" Eosf o distance 01271.63 /eef along the southwest right of wuy line o/ sold Northwest Loop Street to the point of curwture of o tangent curve to the right having a radius o/ 30.00 feet, on inferno/ angle of 80' 1 G' D2" and subtended by a long chord having o bewing of South 02' 14' UO" East c chord length of 38.63 feet; !hence southerly olvng said curve also being along the west right of way lane of N'imtz Porkwoy a distance of 41.98 legit to the point of compound curwlure with a .curve to the felt hav,hg a radius of 790.00 feet, an intemo/ angle of 54' 40' 09" and subtended by o lone chord having o beorirg of South )0' 31' D6" West a chord length of 725.51 feet; thence southerly along said curve also being along said west right o! way line of Nimtz Porkwey o distance o/ 75378 feel to the point o/ tengency, thence South 16' 48' S9" Eas! o distcnce of 185.73 feet along said west right of way tine to the point of curvature of o tangent curve to the right having o radius of 710.00 feet, an internal angle o/ 38' 43' S5" and subtended by o tone chord how'ng o bearing o/ South 02' 32' S9" West e chord length of 470.87 Jeet; thence southery v/ohg said curve also being along said west right of way line o astonce of 479.96 feet to the point of nontongency; thence North 68" 05' 04" West radially o aistonce of )5G.00 ,reef; thence South 32' 04' 34" Wes! o dislance of 197.57 /eef; (hence South 47' 4~' 49" Eost rcdiolly o distance o/ 150.00 feet to the point of curvature o/ o nontangent curve to the left, sold point being o,~ the west right of wey line o/ fJimtz Porkwoy, sold curvy howhg a radius of 710.00 Ieet, an in!emal angle of 38' 31' S9" and subtenced by a long chord hcrhg o Dearing of South 61 ' 30' i i "Wesf a chord ,enern o/ 46855 lac!; thence southwesterly along said a,~rve also beino along said »es! right of way line o d%slonce of 47749 feet to the point of non!ongency; said pain! being on the west line o/ the Southwest Ouor!e~ of sold Section 20 also being the ecsl line of the Southeast Guorter of said Section l9; !hence North 00' 14' 09" West e distance of 20.33 /eel to the Point of beginning and containing 91.190 acres, more or less. Btackhorn Corporate Center -Covenants & Restrictions 4!1/93 i~ ~; ~~ i) ~~ tl ' i i~ ll EXHIBIT "B" USE DESIGNATION ' ~ Blach~thorn Corporate Censer - Covenants & Fasiriotions 4~;1?3 i• EXHIBIT "C" LOT SIZE DESIGNATION J\\_ I-80/90 Toll Road . ` ,~ Lot 2 ~, r~ !1 it „ „ ~r ~, ~, ~.1 ~,~ ~ 1i~ Lot 4 ~ Lot 1 i 'i', ,, ,t 1~ ~' IV i ~ , i ; >; ~~ ~1 ~~ Nimtz Parl.~way ~ ------- ~; h a. vi N Minimum 1 acre lot size l ~Nimtz Parl.~vay b 0 x 3 0 c e ' • Blach~thom Corporate Cenier -Covenants & RestnCions 4/i193 EXNIBl7 "D" COMMON AREAS i• '' Common Areas (streetscape) Common Areas (natural area) Nimtz Parlwa}~ Blackthorn Corporate Center -Covenants & Restrictions ~~1/93 i• EXHIBIT "E" LANDSCAPE EASEMENT AREAS %~. I-80/90 To11 Road tt • '! !1 ~1 ri ~i i~ ii ii ~~ r, i, I~ I~ i~ i~ ,~ ~' i~ ~~ ~~ I~'imtz Parkway M ~ -, '~ ' ~~ o-Y r c ~i ~'~: ~. 04 ~~.. ~ ~ `. ~% a ,~.ot 2 ;, ~, ~~~ ,; it 4'~ jl ~ ~l k Lot 4 ~~ ~ ~~'~~~ u ,`~',~n ~; ~~I a N 30 ~__ Landscape Easement ,~_._ „r- _..-~ ~~I t - =~=~-"_~~ 11 Nimtz Parkway '' ., , ~~ . ~I ~~) ~~ ~~ Lot 1 ~~ ' - ~ o r. 0 ,. i ~ . rx ~ I ~ a> 3 i, ,, 0 I~ c ° ~ U I~ ~ r! ~ -.. ' ~ Blackthorn Corporate Center • Covenants & Restrictions 4!1/93 f. i• ~1 LJ EXHIBIT D .INTRODUCTION These Development Guidelines are cited in the Declaration of Protective Covenants & Restrictions for the Blackthorn 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 rn achieving a certain level of quality in site development, consistent with the concepts for Blackthorn. 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 specific requirements. The intent of the Covenants is to ensure consistent high quality development, #hus protecting and enhancing the investment of all Blackthorn Owners. The Development Guidelines shall apply to all properties in Blackthorn 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 cr~eria 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 devebpment within Blackthorn. These Devebpment Guidelines are intended to aid the Applicant in achieving a style, character and quality of devebpment 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 4/1/93 • I• reviewed by the Committee. The Committee will act on each application within thirty (30) days of the receipt of the Application and Required. lnformatan. 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. Anon-refundable Review Fee made payable to the °Owners Association at Blackthorn" 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 fom~al 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 ident'rfies 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 if 1s 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 may be reached at the folbwing address: Department of Economic Development 1200 County-City Building Soufh Bend, Indiana 46601 (219)235-9371 Required Information is as follows: 2 Blackthron Corporate Censer -Development Guidelines 4/1/93 • a. 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; 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 bcations, 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 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; j. Site Furniture specirfications showing size, height, design, color, materials, location, and construction with respect to .each piece of Site Furniture; k. Architect's total estimated cost of construction of the proposed improvements; I. The non-refundable Review Fee; and 3 Biackthron Corporate Center -Development Guidelines 4/1/93 • __ m. Such other information as the Committee 1. Overall design: Buildings shall be may require which is pertinent to the designed. in such a way that all sides of evaluation of the plans and spec'rfications. 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 The following Development Guidelines represent main building, shall be compatible to the the standards which will be applied by the main building in design and materials. Architectural and Site Plan Review Committee in reviewing proposed improvements. 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 ARCHITECTURAL DESIGN of materials shall be solely at the discretion of the Committee. Exterior The purpose of the Architectural Guidelines is to materials shall conform to and be in produce orderly and aesthetically pleasing harmony with the external design of devebpment of high quality architecture in ham~ony neighboring structures and the natural with the character of Blackthorn and existing landscape. The Committee shall not improvements, which serves to enhance not only arbitrarily or unreasonably withhold its the individual building, but also the entire approval of such use of exterior materials. Blackthom development. It is the intent of these Applicants are encouraged to contact the Guidelines to encourage innovative architectural Committee early in the architectual design design. All buildings, shall conform with the stages of their project to discuss or following requirements. propose appropriate exterior materials. • Common brick, concrete block, corrugated metal orpre-engineered metals installed Blackthron Corporate Center -Development Guidelines q/1/g3 n U I• 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 Blackthorn 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 Blackthorn Lots and buildings. d. Rooftop radio, TV 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 bcation. 4. No building in Blackthorn shall exceed a height of thirty-five (35}feet. SITE GRADING The purpose of the Site Grading Guidelines is to unify the grading of Blackthorn 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 4/1/33 .wwotn u.n.nbn .wwetn trr»Kbn ~~ r~~tn.an .bw J t s Maxlrrxxn Cut or Fltl Slopes f.l-4Jry wM --~ Terracln~ - .Teeth tr wltteM Smooth Transitions Between Changes In Slope I• 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: Mr~imum Maximum Slope Slope Landscape areas 2% 3:1 Parking lots 2% Driveways 2% Pedestrian paths 1 The purpose of the Setback Requirements is to establish a coordinated streetscape Image, provide sufficient space between buildings to ensure adequate light and privacy and to provide sufficient space between roads, buildings and parking to ensure privacy, and sound control. designed with smooth transitions between changes in sbpe. 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. 4% 5% s% SETBACKS 2. No cut or #ill 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. 3. Where retaining walls are required, they shall be of a material compatible with the building architecture. 4. Berms, channels, swales, etc, shall be • graded in such a way as to be an integral part of the grading, and paved surface 1. Minimum setbacks for buildings and parking lots from adjacent street rights-of-way and Lots shall be as follows: g Blackthron Corporate Center -Development Guidelines 4/1/93 for visual relief and buffering where appropriate. Building Parking Fencing Guidelines are as follows: Setback Setback ' 1. No fence or wall of any kind shall be Nirntz Parkway 30' 45 constructed unless spec'rficatly approved Mayfbwer Road 35' 5Q' by the Committee. Side yards ~' ~' 2. Objects such as water towers, storage Rearyarci 25' 15' tanks, processing equipment, cooling towers, communication towers, vents, and 2. The maximum building front setback is other structures or equipment shall be fifty feet for all Sites. compatible with the building architecture or screened from view of adjacent properties, 3. Driveways shall be setback from adjacent parking areas, public streets, common property lines at least twenty-five feet, except areas, and bikepaths by using fences where access driveways are shared by adjacent and/or walls and shall be approved, in owners. Access drives shared by two or more writing, by the Committee before adjacent-Sites is encouraged.. construction or erection of said structures or equipment. The St. Joseph County 4. All setback areas shall be planted and Airport Authority may have final approval landscaped in accordance with the Landscape or disapprove of such structures or Guidelines. equipment concerning heist and kxztbn. 3. Screen fences or walls shall be of a height at least equal to that of the equipment to FENCING be screened. 4. Materials and colors of fences and walls The u se of the Fencin Guidelines is to rovide P ~ 9 P shall be compatible with the building for security; for screening of unsightly areas; and architecture. 7 Blackthron Corporate Center -Development Guidelines 4/?/93 5. Chain link and/or barbed wire fencing is not permitted in Blackthorn. 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 servicing shall be conducted between a building and a street. 4. Buildings shall be limited to three (3) truck bays or docks unless spec'rficalfy 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 guidelrnes are as folows: 1. 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 4/1/93 Parking Lot Landacaping • :] ~- .e~ - ~ 1 1 T'-0' lendeeaped Perk Mq Ulendt ___ Office Buildings 1 space per 300 sa.ft. Assembly or similar activity 1 space per 750 sa.ft. Warehoushg and Distribution 1 space per 800 sa.ft. 2. Minimum parking stall dimensions shall be in accordance with the City of South Bend Zoning Code. 3. No parking is permitted on lawn, dirt, gravel, slag, or other unpaved surfaces. Each Owner and Occupant shall be responsible for enforcing this requirement on their respective Lot. 4. Parking will not be permitted on any street or in parking setback areas. 7. All parking shall be screened from public streets by appropriate landscaping (see Landscaping Gutdeltnes). 8. In parking lots, landscaped islands must be tnstalled in intervals of not less than every twenty parking spaces; and at the end of all rows of parking: Parktng islands shall have a minimum width of nine feet. A continuous poured-in-place concrete curb shall be installed around parking islands to protect lawns and landscaping from vehicular traffic. Parking islands may not be used to satisfy the Open Space requirement: however, islands larger than 500 sq.ft. shall be counted as Open Space. 9. The use of parking bumpers in surface parking bts 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 sha11 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. Blackthron Corporate Center -Development Guidelines 4/13 1 9' 1 .i fo .r -+-_.~ ..~. rnr.~ w.~.r. .s.• • s• ~~ ~p0.~,,,«.~ w~ MWM ` ' ~ _ Sidewalks 12. Parking areas shall be broken into sections 17. All parking lot and road pavement sections not to exceed 200 cars. Parking areas shall be designed by a registered engineer. shall be separated by a major landscaped f . buffer to provide visual relie 13. All undivided driveways shall have a PEDESTRIAN AND B/CYCLE maximum width of twenty-two feet. Divided driveways with medians shall have CIRCULAT/0N individual lanes of no more than thirteen Medians shall be a minimum feet in width The purpose of the Pedestrian and Bicycle . of nine feet in width Circulation Guidelines is to promote free and safe . movement of pedestrians and bicyclists throughout 14. The use of parking structures is Blackthorn. The guidelines are as folbws: encouraged. Where used, special attention shall be given to the exterior 1. Pedestrian/bicycle access shall be design of the structure so that it is i provided from public streets (via bikepath system) and parking -lots to building tecture. compatible with .the .building arch The perimeter of the structure, at ground entnes. level, shall be screened to hide automobiles from view 2. All sidewalks within the site shall have. an . unobstructed width of at least five feet 15. Any ramp driveway exit from a parking (minimum width of eight feet where attached to a curb adjacent to structure shall end a minimum of twenty perpendicular parking stalls). feet inside the property line. 16. All parking spaces must be designated by 3. Abikepath-system for Blackthorn is cited in the Covenants. Each Owner shall painted lines. construct a bikepath within a thirty (30) 1 p Biackthron Corporate Center -Development Guidelines 4/1/93 .°':k Uttttty Screenlnfl foot corridor from the site's boundary with Blackthorn and to minimize utility costs and public rights-of-way. adverse visualimpacts caused by utilrty structures and appurtenances. The guidelines are asfiolbws: a. Each newly constructed section of bikepath shall align with the existing 1. All- permanent utility lines shat! be bikepath sections on adjacent underground. properties. 2. No cesspool, septic tank or sewage Owners are encouraged to wind the b disposal plant shall be erected maintained . path through berms and landscaping. upon any part of Blackthom. The proper The bikepath shall nor run parallel wrth 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. Owners are encouraged to provide e 4. Utility appurtenances including telephone . bike storage areas on each Srte for pedestals, utility meters, irrigation system empbyees. backflow preventers, transformers, etc. are not to be visible from adjacent sites, parking areas, public streets, pedestrian walkways and bikepaths and shall be S/TE UTILITIES screened in a manner approved by the Committee. The purpose of the Site Utilities Guidelines is to promote the coordinated development of utilities in 1 ~ Blackihron Corporate Center -Development Guidelines 4/193 r.M .«...+~, 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 fighting of all parking areas, driveways, sidewalks and bikepaths on each site. 3. Exterior lighting fixtures are to be as folbws: a. PariCing 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 fieight 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 tum 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. ~ p Blackthron Corporate Center -Development Guidelines 4/193 6. Building mounted lighting is restricted to 1. Ide j;es torsi nsgusedefor thefident'rficat on loading and service areas for security apP ~ 9 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 mater'~al The shields shall be painted to match the of the building. Signs should be surface to which they are attached. constructed of masonry wrth 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 a, No Identification sign shall be of aluminum or other such metal, box provides for individual, Occupant identrfication and construction directional communication in a distinctive and . aesthetically pleasing manner. This graphic b In the case of multiple tenants, all system is a major factor in creating and preserving . ma be ident'rfied on the same sign, up the design character and integrity of Blackthorn. ll be h to a maximum of three tenants. a Size and placement of all signage s considered an integral part of site development, and Where there are more than three the building should be t a Signage plan shall be submitted for the approval s, tenan ident'rfied with a name and the tenants of the Committee. listed on a directory inside the building. The Signage Guidelines apply to four separate c There are no predetermined rules categories of Signage as fol4ows: . concerning size of the Identification 13 Blackthron Corporate Center -Development Guidelines 4/1/93 i• T ~~ Streetsc_a~e Directional SiQnaQe 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 befree-standing postand 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 infomlation for circulation building mounted or post and panel. " within the site. or Panels shall be 24" x 24", 18" x 24 12" x 18" having a dark bronze polyurethane enamel finish (PMS 14 Biackthron Corporate Center -Development Guidelines 411/93 n U ~( ~I 0 ~ ~_~ Y . o o ~ ~ ~~ - ,I s _ I 15 ~ ~, o ~~o `~ 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 Nelvetica Medium done In white, reflective paint. Some of the basic rules for Directional signage typography are as follows: Site Directional SiQnage 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 leglbdrry, 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 dark 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). J5 Blackthron Corporate Center -Development Guidelines 4/1/93 I Z4~ i 1 .e" I r~ f,_J 4. Temporary Signage: Temporary signs can b. The correct s¢e for ident'rficatbn 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 CONSTRUCTION PHASE is normally conducted with a landscape 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 s natural systems and other related on the site those points at which people make activities: decisions. Once the decision points signage can be placed on are defined 1 • In order to minimize soil erosion by water , the site plan m its most effective and wind, practical combinations of the following location, according to the above shall be used: placement rules. 16 Blackthron Corporate Censer -Development Guidelines 4/1/93 I• temporary ditch to prevent runoff from a. Expose smallest practical area of cleared reaching the Conservatbn area. .land during construction. 3. All utilities are .underground, and the b. Temporary ditches, dikes, vegetation Applicant is responsible for knowing their and/mulching shall be used to protect whereabouts and protecting them during critical areas exposed during devebpment construction. or construction. 4. All construction storage and equipment c. Sediment basins (debris basins, desifting yards shall be fenced in a manner basins and sift traps) shall be installed and approved by the Committee and shall be maintained to remove sediment from runoff bated on the site in a manner to minimize waters during devebpment. their impact on adjacent properties and public streets. 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 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 M1/93 i~ 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. Applicant's 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 devebpment to enhance and un'rfy Blackthom. More spec'rfically, the guidelines are intended to provide for a neat and well maintained appearance in areas not covered by buildings, parking, or Conservation i=asements; 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. c. Project driveway and bikepath 2. Site Coverage requirements are as • interface with existing roads and follows: bikepaths. 18 Blackihron Corporate Center -Development Guidelines 4/1/93 • a. Thirty-five percent (35%) of the total d. Each :Owner may .reserve for the th in the f net land area of the Site must be Open Space. The total net land area or Declarant, as set Covenants, up to twenty-five percent t land area ofthe Site as f 25% is equal to the gross site area, minus ne o ( ) u nt io utility easements and setback areas. The area reserved as Landscape be muss reservat on Easement Easements in the Covenants, setback approved by the Commission. areas, Conservation Easements, 'rf maybe included in the thirty-five an e. The remaining portion of the Site not y, percent (35%) Open Space covered by impervious surfaces, and requirement. Parking lot landscaping is not included as part of the Open not designated a Conservation Easement, must be landscaped and Space requirement, however, parking maintained as a manicured lawn. lot islands greater than 500 sq.ft. are considered Open Space. 3. Landscaping in accordance with the approved plan must be implemented and b. Building footprints may not exceed completed within sixty (60) days after twenty-five percent (25%) and must building occupancy. be at least fifteen percent (15%) of the net land area of the site. 4. All parking lots shall be landscaped as folbws: c. The Committee, upon review of the natural characteristics of a Site, may a. Provide landscaped islands in parking reserve up to ten percent (10%) of the bt interiors per the requirements of the net land area as Conservation Vehicular Circulation and Parking ' Easement, as set forth in the nes Guidel Covenants. The Conservation Easement may be included as part of b. The setback space between public the Open Space requirement. streets and parking lots shall be fully 19 Blackthron Corporate Center -D evelopment Guidelines 4/1/93 landscaped. Where possible, terming shall be provided in order to screen parked cars. Berms shalF conform to the above grading schematic. Where berms are not possible due to space limitations, the parking shall be screened though the use of coniferous 8. trees and/or appropriate shrub plantings or screen walls. 5. A minimum of fifty percent (50%) of the space between a public street and parking bts or buildings shall be planted in irrigated lawn with the lawn on the street side of the landscaped area, in order to preserve a visually continuous lawn planting along public str-Bets, This lawn planting may be interrupted with shrub beds at entry points and in key accent areas as appropriate. 6. All plantings shall be per the Plant Materials Guidelines. 7. The minimum amount of tree planting for each lot is as follows (refer to the Plant Materials Guidelines for species and s¢e): a. One tree minimum for every 200 sq.ft. of planting space in parking islands. b. No .fewer than 60 trees per acre of open space. Required parking lot island trees .may not be included in this count unless they are contained in islands larger than 500 sq.ft. in size. 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 tree of similar size and species. Replacement trees as stated in this requirement may not be counted to meet the requirements of Section 7b. 9. All areas not paved or built upon, but disturbed during the construction period must be landscaped with trees and irrigated lawn. Large uninterrupted areas of gravel or bare soil is prohibited. 10. All irrigation systems are to be below ground, fully automatic systems in compliance with applicable building code requirements. 20 8lackthron Corporate Center -Development Guidelines 4/1/93 MAINTENANCE 4. Sites shall be maintained in a safe, clean and neat condition .free of rubbish and The purpose of the Maintenance Guidelines is to weeds. Roads and pavements shall be define the minimum maintenance standards to kept true to line and. grade in good repair. promote a uniform, neat and clean appearance throughout Blackthorn. Maintenance requirements 5. Landscape Areas: The following lists the are as follows: maintenance responsibilities of the different landscape areas. 1. Owners and Occupants shall maintain their Improvements in good and sufficient a. Common areas are landscaped and repair and in an aesthetically pleasing maintained by the Association. manner. b. Landscape Easements are initially 2. Improvements which are damaged by the landscaped and maintained by the elements, vehicles, fire or any other cause Owner until such time as they are shalt be repaired as promptly as the extent accepted by the Association. of the damage will permit. Buildings which cannot be repaired due to such extensive c. Site and parking landscape areas are damage, shall be demolished within sixty to be landscaped and maintained by (60) days of the date of the damage. 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 BJackthron Corporate Center -Development Guidelines q/t/93 ti- °> i• 5. Landscape Maintenance: Maintenance requirements of the landscaped areas in Bfackthom are as folbws: 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 4/1/93