HomeMy WebLinkAboutagenda item 2015 1112 rdc 05a2Department of
Community Investment
Memorandum
November 12, 2015
TO:
FROM:
South Bend Redevelopment Commission
David Relos, Economic Resource~.
SUBJECT: Resolution No. 3315 -Amending Blackthorn Covenants & Guidelines
On October 27th the annual Blackthorn Owners' Association meeting was held. One agenda
item was proposed changes to the Declaration of Protective Covenants & Restrictions
(Covenants) and Development Guidelines (Guidelines). Per Article 12.1 of the Covenants,
they may be amended only with the approval of the Commission and a majority of the
members of the Owners' Association.
After discussion of the various items being changed, the attached summary of final changes
were agreed upon with a unanimous vote of the owners present. The most important of these
changes are:
• Light Industrial uses allowed in limited eastern areas of the Park (map attached)
o Core office area kept the same
• Free standing restaurants removed as a prohibited use
• Hotel use allowed anywhere within the Park as opposed to only one designated lot
• 26 acre natural retention area has always been identified as a HCommon Area" yet
paid dues; beginning in 2017 this site will not be assessed dues
Staff requests approval of the amended Covenants and Guidelines, which clarifies and
updates certain items and allows Light Industrial uses within limited areas of the Park.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
ITEM: 5.A.(2)
BLACKTHORN COVENANTS CHANGE SUMMARY
Nov. 12, 2015 RDC meeting
1) Deleted references to the Redevelopment Authority as owner or Declarant, since in
March 2014 properties were deeded to RDC after the bonds were paid off
2) Clarified in certain sections that the RDC has final approval of certain changes; reason:
unclear in some sections,· as long as RDC owns at least 5% of Blackthorn, they have
authority to change I approve rezonings, variances, subdivisions, and lot redesignations
3) Now allow a lot to be subdivided, rezoned, seek a variance or special exception without
seeking RDC approval; reason: still have to follow Covenants' allowed uses, setbacks,
etc.
4) Prohibited uses -it appeared the Design Review Committee (Committee) had equal say
for approval; changed so the Committee can weigh in, subject to RDC review; reason:
see# 2 above
5) Deleted from prohibited uses: free standing restaurants; reason: want to encourage
restaurants
6) Deleted general business activity prohibition on senii-truck traffic (3 axle over 10,000
gross weight); reason: semi-trucks routinely use Nimtz to get from Bendix to the bypass
7) Use designation reference -changed Exhibit B to highlight Light Industrial lots; reason:
to allow LI uses within certain lots of the Park; many are already zoned LI
8) Opened up hotel use from the one designated lot to all "office" designated lots; reason: to
allow a hotel to land on more than only one lot within Blackthorn
9) Light Industrial use defined per zoning ordinance: "may be used for office, warehouse,
distribution, wholesale, light assembly, or light manufacturing facilities that are clean,
quiet, and free of hazardous or objectionable elements, such as noise, odor, dust, smoke
or glare."; reason: to define what LI means
10) Deleted items to be submitted to the Committee, including brief description of
mechanical and structural systems, floor plans, roof construction and appurtenances,
grading, drainage, refuse collection, and bike paths (all references to bike paths deleted
throughout the document); reason: to streamline submittal process and Bldg. Dept. will
review many of these items,· no funding in place for multi-use bike path
11) Added Section 5.5.8, allowing a RDC review process if someone does not agree with the
Committee's decision; reason: see# 2 above
12) Exhibit C highlights the Common Areas in Blackthorn, which are defined as the 26 acre
RDC owned natural retention parcel and the landscape easement areas on each side of the
streets. The natural retention parcel is not developable and has been assessed dues in the
past, even though the landscape easement areas are not. Language was added to the dues
assessment section that common areas may not have dues, assessments, charges, costs or
fines levied against them. Reason: would like to transfer this to Parks, who will not want
to pay dues; last year this 26 acre site paid almost $9, 000 in dues, even though it will
never be developed, adds to the nature preserve feel of Blackthorn, and is defined as a
common area with the other common areas not paying dues (effective for 2017 dues).
13) Since the Open Space requirement was deleted from the Covenants in 2007, references to
it were deleted in various areas.
14) Items covered in the Guidelines were deleted from Section VIII of the Covenants:
reason: duplicative and to streamline the document
15) Added that exterior lighting shall be dark sky compliant; reason: so lighting shines down
and not out and I or up
BLACKTHORN GUIDELINES CHANGE SUMMARY
October 2015
1) Some items from Covenants Section VIII were included under the same heading in the
Guidelines, to enable the Covenants section to be deleted (and I or vice versa)
2) Added language that variances are subject to Section V of the Covenants (RDC has
authority to approve)
3) Deleted common brick and concrete block from prohibited exterior materials; reason:
have been allowed in the past
4) Added external loudspeakers or public address systems to prohibited systems; reason:
could be obtrusive to neighboring properties
RESOLUTION NO. 3315
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE DECLARATION OF PROTECTIVE COVENANTS &
RESTRICTIONS OF THE BLACKTHORN CORPORATE PARK AND THE
DEVELOPMENT GUIDELINES FOR BLACKTHORN CORPORA TE PARK
WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the South Bend Department of Redevelopment, exists and operates under the
provisions ofl.C. 36-7-14, as amended (the "Act"); and
WHEREAS, to further the public purposes of developing the real property located in the
City of South Bend, Indiana (the "City") commonly known as Blackthorn Corporate Park
("Blackthorn"), the Commission and the South Bend Redevelopment Authority (the "Authority")
jointly adopted the Declaration of Protective Covenants & Restrictions of the Blackthorn
Corporate Park dated March 19, 1993 (the "Declaration"), which binds the real property located
within the boundaries of Blackthorn and has been amended from time to time; and
WHEREAS, prior to the date of this Resolution, the Authority has conveyed all of its
interests in the real property comprising Blackthorn to the Commission; and
WHEREAS, the Commission desires to amend the Declaration pursuant to Section 12.1
of the Declaration; and
WHEREAS, for consistency with the amended Declaration, the Commission desires to
amend the Development Guidelines for Blackthorn Corporate Park (the "Guidelines") pursuant
to Sections 1.13 and 5.2 of the Declaration; and
WHEREAS, the Authority, as the joint-declarant of the Declaration, 1s expected to
approve and ratify the amended Declaration and the amended Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby approves, adopts, and establishes the amended
Declaration attached hereto as Exhibit A and the amended Guidelines attached hereto as Exhibit
B.
2. The Commission hereby authorizes and instructs David Relos or Brock Zeeb,
each of the City's Department of Community Investment, to present an executed copy of the
amended Declaration to the parties entitled to notice of the amendments under the terms of the
Declaration.
3. The Commission hereby authorizes and instructs David Relos or Brock Zeeb,
each of the City's Department of Community investment, to present an executed copy of the
1
amended Declaration to the Authority at its next regular meeting and request the Authority's
approval and ratification of the amended Declaration.
4. This Resolution will be in full force and effect upon its adoption by the
Commission.
ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held
on November 12, 2015, at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
Donald E. Inks, Secretary
4000.0000047 43176822.001
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT, by and
through its governing body, the South Bend
Redevelopment Commission
Marcia I. Jones, President
2
EXHIBIT A
Declaration of Protective Covenants & Restrictions of the Blackthorn Corporate Park
[See attached.]
~
BLACKTHORN
CORPORATE PARK
Declaration of
Protective Covenants & Restrictions
Amended as of November 12, 2015
CONTENTS
ARTICLE I DEFINITIONS ............................................................................................. 1
ARTICLE II CHARACTER & PURPOSE ...................................................................... 5
ARTICLE Ill DEVELOPMENT RESTRICTIONS ....... ~ ................................................... 5
ARTICLE IV USE RESTRICTIONS ............................................................................... 6
ARTICLE V ARCHITECTURAL AND SITE REVIEW COMMITTEE. ............................ 8
ARTICLE VI OWNER'S ASSOCIATION AT BLACKTHORN ..................................... 13
ARTICLE VII COMMON AREAS AND EASEMENTS ................................................ 16
ARTICLE VIII REGULATION OF IMPROVEMENTS .................................................. 19
ARTICLE IX VIOLATION OF PROVISIONS ............................................................... 20
ARTICLE X ACCEPTANCE OF COVENANTS .......................................................... 22
ARTICLE XI ASSIGNMENT AND LIMITATION OF LIABILITY .................................. 23
ARTICLE XII MISCELLANEOUS ................................................................................ 24
AMENDMENTS ............................................................................................................. 26
Declaration of Protective Covenants & Restrictions
of
the Blackthorn Corporate Park
THIS DECLARATION is jointly made this 19th day of March, 1993, by the
SOUTH BEND REDEVELOPMENT AUTHORITY (referred to as "Authority"), and
by the SOUTH BEND REDEVELOPMENT COMMISSION (referred to as
"Commission"), to be jointly and severally referred to as "Declarant", as Owner
and Lessee of that certain real Property hereinafter described and located in the
City of South Bend, St. Joseph County, lndi ana. 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
Park (referred to as "Blackthorn") is and shall be held, conveyed, hypothecated,
encumbered, leased, transferred, sold, occupied, built upon or otherwise used or
improved in whole or in part, subject to the Covenants and Restrictions
(sometimes referred to as "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 I
DEFINITIONS
Unless the context otherwise specifies or requires, the words and terms defined
in Article I shall, for all purposes of this Declaration, have the meanings herein
specified.
1.1 Applicant. "Applicant" shall mean an Owner or the agent of an Owner or a
Person possessing valid power of attorney or other proxy or authorization
of an Owner, sufficient in the reasonable judgment of the Committee to
empower such person to act on Owner's behalf for the purposes of Article
V hereof.
1.2 Architect. "Architect" shall mean a person holding valid and effective
license to practice architecture in the State of Indiana.
1.3 Architectural and Site Plan Review Committee. "Architectural and Site
Plan Review Committee" (hereinafter sometimes referred to as the
"Committee") shall mean the so named Committee as originally created
by Article V of these Covenants.
1 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
1.4 Authority. "Authority" shall mean the South Bend Redevelopment
Authority.
1.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of trust on
any portion of the Property, the holder of Record of the security interest
under such Deed of Trust. The word, "Beneficiary," shall also include a
mortgagee under a mortgage.
1.6 Blackthorn. "Blackthorn" shall mean the real property described in Exhibit
"A" attached hereto and such additional real property as may be added
from time to time as hereinafter provided.
1.7 Board. "Board" shall mean the Board of Directors of the Owner's
Association of Blackthorn as created by this Declaration.
1.8 Building. "Building" shall mean and include the principal structure or
structures on any Site, including all projections or extensions thereof, as
well as all garages, outside buildings, decks and other ancillary structures
and facilities.
1.9 City. "City" shall mean the City of South Bend, State of Indiana.
1.10 Covenants. "Covenants" shall mean the covenants and restrictions set
forth in this Declaration and as it may be amended or supplemented from
time to time.
1.11 Commission. "Commission" shall mean the South Bend Redevelopment
Commission as Owner and/or Lessee of the real property known as
Blackthorn and as the Declarant of these Covenants.
1.12 Declarant. "Declarant" shall mean the Commission, its 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 power to make, give or take any consent, approval of action required
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
Blackthorn, and any Declarant of any other portion of Blackthorn shall
have no right, power or authority hereunder with respect thereto.
2 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
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 in accordance
with Section 5.2 below, from time to time, which set forth in much greater
specificity and detail design standards and requirements for the
construction and maintenance of Improvements on a Site, which
Guidelines shall be referred to by the Committee in determining the
acceptability of a particular proposed Improvement and/or use of a Site
under these Covenants, including without limitation the Committee's
review under Section 5.2 below.
1.14 Improvements. "Improvements" shall mean and include without
limitations, Buildings, structures, Signs, Site Furniture, driveways,
parking, paved areas, grading changes, and al I other structures or
improvements of any type and kind, and any and al I alterations and
changes to a Site.
Landscape Professional. "Landscape Professional" shall mean a person
holding valid and effective license to practice landscape architecture in
the State of Indiana, or having seven years of experience in landscape
planning and design.
1.15 Lot. "Lot" shall mean any parcel ofreal 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.
1.17 Official Records. "Official Records" shall mean the records of the Office
of the Recorder, St. Joseph County, Indiana.
1.18 Office -Corporate Office. "Corporate Office" shall mean space within a
floor plan in which the actual work conducted can only be carried out in
an office environment.
1.19 Office -Support Office. "Support Office" shall mean space within a floor
plan in which the heating, air conditioning, lighting, and general work
environment are consistent with or adaptable to general office uses or
where the actual work conducted can be carried out in an office
environment.
3 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
1.20 Owner. "Owner" shall mean, at any time, any Person, including the
Declarant, and the successors and assigns of any thereof, that owns fee
simple title to one or more sites, as shown by the Official Records;
provided, however, that a Beneficiary shall not be deemed to be an
Owner so long as its interest in the particular Site or Sites is for purposes
of security only.
1.21 Owner's Association. "Owner's Association" (sometimes referred to as
the "Association") shall mean the association of Owners created and
described in Article VI.
1.22 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.
1.23 Record/Recorded. "Record" or "Recorded" shall mean, with respect to
any document, the recording of said document in the Official Records.
1.24 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.
1.25 Site. "Site" shall mean a contiguous area of land within Blackthorn which
is owned of Record by the same Owner, whether shown as one Lot or as
a combination of contiguous Lots or portions of contiguous lots on any
Recorded subdivision plat or Recorded survey map of all or any portion of
Blackthorn.
1.26 Site Amenities. "Site Amenities" shall mean any man-made or natural
object used on the Site for decorative or incidental purposes and which is
not a Building, Sign, paved area or landscaping. By way of illustration
and not limitation flagpoles, fountains, statues, benches, tables and
decorative walls are Site Amenities.
1.27 Street. "Street" shall mean any publicly dedicated thoroughfare within or
adjacent to Blackthorn and shown on any Recorded subdivision map or
survey.
1.28 Trust Deed and Mortgage. "Trust Deed" and "Mortgage" shall each
mean, an instrument which has been Recorded and which creates a lien
4 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
ARTICLE II
on the portion of the Property or leasehold estate in the Property
described therein.
CHARACTER & PURPOSE
2.1 Character and Purpose. This Declaration is made to ensure the proper
use and development of the Blackthorn Corporate Park. It is the intent of
this Declaration to ensure that the development of Blackthorn will have
minimal impact on the natural landscape, vegetation and wildlife.
Blackthorn will be maintained as a premier business environment in a
natural setting, with Guidelines to promote only the highest quality
development. It is also the intent of this Declaration to protect Owners
and Occupants of Blackthorn against improper and undesirable uses and
against construction of Improvements built of substandard design or
materials. This Article II shall be used by the Commission, the
Association and the Committee as a general standard in interpreting the
provisions of this Declaration and judging performance hereunder, in the
preparation and revisions of the Guidelines, in approving or disapproving
the development of Sites, and in carrying out the overall development of
Blackthorn.
ARTICLE Ill
DEVELOPMENT RESTRICTIONS
3.1 Subdivision. No Lot shall be subdivided and no Lot's size, dimensions or
boundaries shall be modified, changed or altered, whether by
conveyance, lease, dedication, foreclosure proceedings, forfeiture or any
other means, except as approved in accordance with applicable laws.
3.2 Improvements to a Lot. No Improvements shall be made to any Lot
without the prior approval of the Committee in accordance with the
requirements of Article V below.
3.3 Use of Lots. Each owner shall use its Lot for only such purpose or
purposes which are approved by the Committee and/or the Commission in
accordance with the requirements of Article IV below. All uses of a Lot
and all Improvements to a Lot shall be in compliance with all local, state
and federal laws, ordinances, statues and other governmental regulations
or approvals applicable to the Lot or the Owner.
5 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
3.4 Rezoning and Variances. Any rezoning of a Lot or a variance from or
special exception to any applicable zoning ordinances must be approved
in accordance with applicable laws.
ARTICLE IV
USE RESTRICTIONS
4.1 Prohibited Uses. Any use that, in the opinion of the Committee, subject to
review by the Commission under Section 5.6.8 as appropriate, could
produce adverse effects upon Blackthorn in terms of the health, safety or
welfare of Persons, or which may be harmful to the Improvements
thereon, or does not agree with the intent of the development plan for
Blackthorn as generally described in Article II hereof and in the
Guidelines is prohibited, including without limitation, the following:
a. noxious, toxic or corrosive fumes, gases, or discharges
b. smoke or offensive odors
c. ground conditions which will produce dust
d. noise and/or vibration
e. intense glare or heat
f. outdoor storage of any type
g. drive-up facilities of any type
h. convenience stores and gas stations, or any type of automotive
service
i. adult uses, as defined by the South Bend Municipal Code as of the
date of the adoption of these Covenants
j. outdoor advertising signs, commonly referred to as billboards
4.2 Uses not specifically permitted. Uses not specified as permitted are
prohibited unless approved by the Commission.
4.3 Permitted Uses. Permitted land uses in Blackthorn are limited to the
following: (A) "Corporate Office", (B) "Support Office/Research", (C)
"Hotel," (D) "Conference and Catering," (E) "Educational Use," and (F)
"Light Industrial," as the same are described in Section 4.6 below.
6 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
4.4 Use Designation. The map attached hereto as Exhibit "B" designates the
permitted use for each Lot in Blackthorn. 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.
4.5 Request for Re-designation. An Owner may submit to the Commission, or
the Board when the Declarant owns less than five percent (5%) of
Blackthorn, a request to re-designate the use of the Owner's Lot or
otherwise modify, change or adjust the established or existing use of the
Lot. Any such request shall be in writing and delivered to (a) the
Commission, with notification to the Board so long as the Declarant owns
at least five percent (5%) of the land area in Blackthorn, or (b) if the
Declarant no longer owns at least five percent (5%) of the land area in
Blackthorn, the Board with notification to the Commission
a. If the request is made to the Commission, the Commission and the
Board shall approve or reject such request within sixty (60) days of
Commission's receipt of the request. The Commission shall have
the right in its sole and absolute discretion to accept or reject such
request. Any such request shall be deemed rejected unless the
Commission notifies the requesting Owner of approval within such
(60) day period.
b. If the request is made of the Board, the Board and the Commission
shall review the request and either accept or reject the request in
writing or submit the request to a vote at a special meeting of the
members of the Association. The Board's action shall be taken
within sixty (60) days of its receipt of the request. If the Board fails
to take action within said sixty (60) day period, the request is
deemed rejected. If the Board submits the request to a vote of the
Association members, the special meeting shall be held within
ninety (90) days of the Board's receipt of the request. The request
will be approved only upon a majority vote in favor of the approval.
Any such request shall be deemed rejected unless so approved
within the ninety (90) day period provided above.
4.6 Description of Uses. The following describes each use category. Parking
structures are excluded from the calculation of the total gross floor area of
a building.
4.6.1 Corporate Office. Lots designated "Corporate Office" are permitted
to have only Buildings in which office space totals at least seventy-
five percent (75%) of the total gross floor area of the Building.
Retail use as part of a permitted Building is permitted so long as
7 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
the total floor area dedicated to retail use is less than ten percent
(10%).
4.6.2 Support Office/Research. Lots designated "Support
Office/Research" are permitted to have any use permitted on a
Corporate Office Lot. At least thirty-three percent (33%) of the
floor area of any Support Office/Research Building must be
dedicated to office space. Other permitted uses on Support
Office/Research designated Lots include:
a. Free standing health, recreational and athletic clubs and
facilities
b. Free standing day care facilities.
4.6.3 Hotel. Lots designated "Hotel" are permitted to have hotel or motel
Buildings. Other hospitality uses, such as health, recreational and
athletic clubs and facilities, restaurants and lounges, and retail are
permitted uses as part of a permitted hotel or motel Building.
4.6.4 Conference and Catering. Conference and Catering uses are
limited to Lot 1A, Blackthorn Corporate Office Park Minor
Subdivision #3 recorded as Document Number 9536275 in the
Office of the Recorder of St. Joseph County, Indiana on October
30, 1995, as indicated at Exhibit B.
4.6.5 Educational Use. Educational Use shall include such Educational
Use, including the operation of a middle school (grades 7-9) and
high school (grades 10-12), as well as adult education programs,
as is authorized in areas zoned as "LI Light Industrial" per S.B.
Municipal Code Section 21-04.01 (a)(1 )(B).
4.6.6 Light Industrial. Lots designated "Light Industrial" may be used for
office, warehouse, distribution, wholesale, light assembly, or light
manufacturing facilities that are clean, quiet, and free of hazardous
or objectionable elements, such as noise, odor, dust, smoke, or
glare.
ARTICLE V
ARCHITECTURAL AND SITE REVIEW COMMITTEE
5.1 Establishment of Committee. There is hereby established and created
the Architectural and Site plan Review Committee (the "Committee") for
Blackthorn. The Committee shall be a standing Committee of the
8 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
Association. The Committee shall consist of three (3) members, all of
whom shall be appointed by the Commission so long as the Declarant
owns at least five percent (5%) of Blackthorn. Thereafter, the Board shall
appoint from time to time, but at least once every three (3) years, two (2)
individual 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 Review and Approvals;
Guidelines.
a. No Improvements, of any kind, shall be commenced, constructed,
erected, placed, altered, maintained, or suffered upon any
Blackthorn Lot, nor shall any addition, change, or alteration
thereon or thereof be made without the prior approval of the
Committee. The Committee shall review proposed plans and
specifications for compliance with the Covenants and 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, location,
topography, finish grade elevation, preservation of views, natural
resource conservation, circulation patterns, vehicular access,
pedestrian circulation, parking, landscaping and easements so that
development will further the purposes of Article 11 hereof.
b. So long as the Declarant owns any part of Blackthorn, the
Guidelines may be amended upon the affirmative vote of the
Declarant and a majority of the members of the Association, based
on the 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, the
Guidelines may be amended upon the affirmative vote of a majority
of the members of the Association, based on the voting rights as
established in Section 6.4 herein.
5.3
Right to Disapprove Similar Plans. Declarant hereby acknowledges that
the Committee, in the exercise of the reasonable judgment of the
members thereof may from time to time approve plans and specifications
for an Improvement which, after completion, produces an effect and/or
gives the appearance which, in retrospect, is determined to be
inconsistent with the intention of Article II hereof. Therefore, Declarant
hereby declares that the construction of an Improvement pursuant to
plans and specifications approved by the Committee shall not be deemed
9 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
to create any right whatsoever on the part of any party to demand or
require, either by legal proceedings or otherwise, that the Committee
approve plans and specifications which are either identical to or
substantially the same as plans and specifications previously approved by
the Committee for other Improvements, and the Declarant and the
Committee hereby reserves the right to disapprove subsequently
presented plans and specifications similar or identical to those previously
approved.
5.4 Submittals to Committee. To request the Committee's approval of plans
and specifications or to seek a variance from the Guidelines, an Applicant
must submit the following to the Committee:
a. Plans and specifications for the Owner's proposed
development setting forth Building location, elevations,
types of materials, exterior colors, and exterior Lot lighting;
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, easements, utilities, and sign locations;
c. 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;
d. Sign and/or Signage plans showing size, height, design,
color, materials, location, construction and lighting with
respect to each intended Sign;
e. A written explanation and a graphical depiction of all
variances from the Guidelines sought by the Owner, if
applicable; and
f. Such other information as the Committee may require which
is pertinent to the evaluation of the plans and specifications.
5.5 Application Review Process. The Committee will approve or disapprove all
plans and specifications and requests for variances from the Guidelines
within thirty (30) days after receipt of the items described in Section 5.4
hereof, provided, however, that the Committee may reasonably extend
such review period in the event it requires further information or
documents after the Applicant's initial submittals to inform its determination
of the Applicant's application.
10 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
5.5.1 In the event the Committee fails to approve or disapprove such
plans and specifications or requests for variances from the
Guidelines within the time period described in Section 5.5, then the
same shall be deemed rejected.
5.5.2 The Committee reserves the right to approve plans and
specifications or a request for a variance from the Guidelines
subject to the Applicant's acceptance of specific changes,
alterations, or adjustments provided by the Committee. If the
Applicant accepts the specific changes, alterations, or adjustments,
the Applicant will resubmit 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
conditional approval, and the Committee will review said items
within fifteen (15) days of receipt. If the Committee takes no further
action on the application within such 15-day period, then the
application, as amended by the Applicant's subsequent submittals,
will be deemed approved.
5.5.3 In the event the Committee disapproves an Applicant's plans and
specifications or a request for a variance from the Guidelines, the
Committee may provide the Applicant with recommended changes,
alterations or adjustments to the plans and specifications or
request for a variance from the Guidelines, and the Applicant may
submit a new application for review by the Committee.
5.5.4 The Committee may retain the services of such professionals,
including architects or attorneys, as may be necessary to advise
the Committee on technical issues.
5.5.5 If any Improvement is changed, modified, or altered without prior
approval of the Committee, then the Declarant or the Association
will require the Owner to cause the Improvements to be restored to
comply with the plans and specifications originally approved by the
Committee and the Owner shall bear all costs and expenses of
such restoration, including the costs and reasonable attorney'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.
5.5.6 Anything herein to the contrary notwithstanding, if any
Improvement is erected or constructed on any Site without the prior
compliance with the provisions of this Declaration or if any
11 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
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.
5.5. 7 Nothing herein shall be construed as a waiver of Applicant's
obligation to comply with all statutes, ordinances, codes, rules and
regulations of all public authorities having jurisdiction, or of
Applicant's obligation to secure all required permits and licenses
required by such public authorities at Applicant's expense.
5.5.8 Any Applicant or Owner aggrieved by a final decision of the
Committee concerning the Applicant's or Owner's application for
review of plans and specifications, request for variance from the
Guidelines, or request for approval of alterations to an existing
Improvement, then the Applicant or Owner may request that the
Commission review such decision. Within thirty (30) days of
receiving notice of the appeal, or such longer period as the
Commission may determine, the Commission will issue its opinion
affirming, reversing, or modifying the Committee's decision or take
other appropriate action. Such opinion of the Commission will be
final upon issuance.
5.6 Liability. Neither the Committee, the Commission, the Authority, the City or
the Association or their respective successors, assigns, or employees,
shall be held liable in damages to anyone submitting plans and
specifications to them for approval, or to any Owner affected by this
Declaration, by reason of mistake in judgment, negligence or nonfeasance
arising out of or in connection with the approval, disapproval or failure to
approve any such plans and specifications. Every person who submits
plans and specifications to the Committee for approval agrees, by
submission of such plans and specifications, and every Owner or
Occupant of any Blackthorn Lot, by acquiring title thereto, or an interest
therein, that they will not bring any action or suit against the Committee,
the Commission, the Authority, the City or the Association to recover any
such damages.
5.7 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
12 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
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 of this
Article, unless actual notice of noncompliance or non-completion, executed
by the Association, shall appear of Record of the Official Records, or
unless legal proceedings shall have been instituted to enforce compliance
or completion.
ARTICLE VI
OWNER'S ASSOC/A TION AT BLACKTHORN
6.1 Formation of Association. The Declarant shall cause to be incorporated a
not-for-profit corporation under the laws of the State of Indiana, to be
called the Owner's Association at 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 its members, but this Declaration shall govern, in the event of an
inconsistency between these Covenants and the Bylaws.
6.2 Purposes of the Association. The purposes of the Association are as
follows:
a. to enforce these Covenants;
b. to maintain certain common landscaped areas;
c. to receive, account for and budget funds belonging to and/or
entrusted with the Association, including without limitation: dues or
assessments for the operation, maintenance and/or benefit of the
Owners at Blackthorn;
d. to pay the expense 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
g. to assume such other purposes as the Declarant may deem
necessary or appropriate to enable the Association to carry out the
purpose and intent of this Declaration.
13 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
6.3 Members. Each Owner and a representative of the Declarant, so long 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 carry on such business as is authorized by its Articles and
Bylaws, including, but not limited to, the powers granted the Association
under this Declaration.
6.4 Voting Rights. Each Owner, including the Declarant shall be entitled to
one (1) vote per acre of land in the Owner's Lot. However, each Owner
will be entitled to only one (1) vote per Lot under the following
circumstances:
a. when voting to appoint any Board member;
b. when voting to amend these Covenants, the Guidelines or the
Bylaws of the Association;
c. when voting as stated in Section 4.5(b); and
d. under special elections as determined by the Board in accordance
with the Bylaws.
The Declarant may waive its right to vote on any issue or question called
before the Association.
6.5 Management. The Association shall be managed by its Board of Directors
in accordance with the Articles and Bylaws of the Association. The Board
shall consist of three (3) directors who are appointed by the Declarant and
shall serve on initial terms of one, two and three years, respectively.
Succeeding directors shall each serve a term of three (3) years. The
Declarant shall retain the right to appoint:
a. three (3) directors so long as the Declarant owns not less than
twenty-five percent (25%) of the total land area of Blackthorn;
(exclusive of areas dedicated to public authority and landscaped
areas); and
b. two (2) directors so long as the Declarant owns not less than
fifteen percent (15%) of the total land area of Blackthorn;
(exclusive of areas dedicated to public authority and landscaped
areas); and
c. one (1) director until such time the Declarant relinquishes its right
to appoint a director of the Association.
14 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
Any director not appointed by the Declarant shall be elected by the
Owners at times and in a manner pursuant to the Bylaws of the
Association and Section 6.4 herein.
6.6 Assessments. As a member of the Association, each Owner by acquiring
legal or equitable title to a Lot, agrees for itself, its heirs, personal
representatives, successors and assigns, to pay the Association any dues,
assessments, charges, costs or fines, as may from time to time be levied
by the Association for any lawful reason. Notwithstanding the foregoing
sentence, the Association may not levy dues, assessments, charges, costs
or fines against the Common Areas.
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 the Wall Street Journal Prime Rate as of the date of the notice
of delinquency, whichever is lower. The rate will be adjusted annually on
the anniversary date of said notice of delinquency.
The owner will be liable for reasonable attorney's 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 as provided in Section 9.3, as well as an
enforceable personal obligation of the Owner. The Association, or its
successors and assigns, may upon failure of an Owner to pay any
statement tendered by the Association, record notice of its claim of lien
against any such Lot and thereafter pursue an action to foreclose said lien
in any manner now or in the future permitted by law or equity. The
Association may, in addition to, or instead of, foreclosure, obtain a
personal judgment against the Owner.
ARTICLE VII
COMMON AREAS AND EASEMENTS
15 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
7.1 Common Areas. Common Areas in Blackthorn shall consist of all real
and/or personal property which the Declarant and/or the Association owns
or has an interest in for the common use of the members of the
Association, including, but not limited to, landscape, entry features,
drainage, landscape medians, security, safety, bicycle paths, roads,
project lighting and recreational areas or any other use to which a majority
of the membership of the Association may accede. Common Areas, as
described and defined in Exhibit "C," will also include the strip of land
between the outer edge of the curb and the edge of the right-of-way line
along all Public Rights of Way. Improvements including, without
limitations, Signs and landscaping will be designed and constructed by the
Declarant at such time Declarant sees fit. Common Areas will be
maintained by the Association, until such time as the adjacent property is
developed. The Association may not levy dues, assessments, charges,
costs or fines against the Common Areas.
7 .2 Reservation of Landscape Easements. The Declarant hereby reserves
unto itself, its successors, successors in interest and assigns a perpetual
easement under, over, along, across and upon those areas of Blackthorn
that is within thirty feet of all Public Rights-of-Way as Landscape
Easement Areas for the purposes and uses which in the Declarant's sole
judgment are reasonable in order to create and maintain such attractive
landscape areas in furtherance of this Declaration. These said purposes
and uses may include without limitation: entering upon, planting, locating,
installing, replanting, relocating, reinstalling, maintaining, removing,
treating, repairing, irrigating, fencing and husbanding all trees, hedges,
shrubs, bushes, plantings, plants, grasses, flowers and other vegetation.
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 is not hereby reserved. The Owner's right to use
the Landscape Easement Areas for purposes not incompatible with
their use for landscaping and for uses not incompatible with the
other Covenants set forth in this Declaration is hereby granted. In
the event of a conflict between the use of such areas for the
purposes set forth in this Declaration and a different use by the
Owner or Occupant of a Site, the use for the purposes set forth in
this Declaration shall prevail.
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 interest therein
to any third party including without limitation the City, other public
authorities or the Association. No such assignment or the
16 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
acceptance thereof will extinguish, limit or modify the easements
hereby created unless expressly so stated in such instrument.
7.2.3 All the provisions of these easement reservations, including the
benefits and burdens, run with the land and are binding upon and
shall inure to the benefit of the successors, successors in interest,
assigns, heirs, tenants, and personal representatives of the
Owners and Occupants from time to time of 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 in Article 11 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 its pre-development, natural state and to further the intent of
this Declaration. It is the intent of these Conservation Easement Areas to
preserve certain unique natural systems located within Blackthorn.
7.3.1 Upon review of the plans and specifications for proposed
improvements, the Committee may decide to reserve no more than
ten percent ( 10%) of the area of a Lot as a Conservation
Easement. An Owner may reserve for the Declarant, as much as
twenty-five percent (25%) of the Owner's Lot as a Conservation
Easement, upon approval of the Committee.
7.3.2 No alterations, modifications, or changes, including without
limitation; planting, locating, installing, removing, treating,
repairing, irrigating, may be made to any natural system found in
such Conservation Easement, nor shall any man-made
Improvement be built, constructed, erected or suffered within the
boundaries of such Conservation Easement, nor shall the Owner,
its representatives, successors, successors in interest and assigns,
or employees, or the Declarant, assigns, or employees, attempt to
mow, prune, irrigate, scythe or otherwise or artificially maintain the
natural systems found in such Conservation Easement without
prior written approval of the Committee.
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,
17 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
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
given a reasonable construction so that the intention of the
Declarant as set forth in Article II of the Declaration is carried out.
7.4 Installation and Maintenance Responsibilities of Landscape Areas. In
furtherance of the purpose of these Declarations as stated in Article II
herein, the following establishes installation and maintenance
responsibilities of the Common Areas, the Landscape Easement Areas,
Parking Landscape Areas, and Conservation Easement Areas.
7.4.1 Common Areas. All those areas shown as "Common Areas" on
Exhibit "C" initially will be landscaped and certain decorative
Improvements constructed thereon by the Association. However,
the Owner of developed lots may supplement these plantings on
the Common Areas adjacent to their site. After initial installation,
the landscaping shall be maintained by the Association in
accordance with the provisions of this Declaration and the
Guidelines. The lawn in the Common Areas between the outer-
edge of the curb and the right-of-way line of all Public Rights of
Way, when adjacent to a developed Blackthorn Site, will be
maintained by the Owner of said Site.
7.4.2 Landscape Easement Areas. All those areas shown as
"Landscape Easement Areas" on Exhibit "D" initially will be
landscaped and certain decorative Improvements constructed
thereon by Owner in accordance with the plans and specifications
submitted to and approved by the Committee. After initial
installation the landscaping in such areas shall be maintained by
the Owner until such landscaping has remained healthy for a
minimum of twelve (12) consecutive calendar months. Thereafter,
the Association shall maintain landscaping in accordance with the
provisions of this Declaration and the Guidelines.
7.4.3 Parking Landscape Areas. All those areas described as Parking
Landscape Areas in the Guidelines shall be landscaped by the
Owner in accordance with the plans approved by the Committee.
The landscaping in such areas shall be maintained by the Owner.
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
18 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
any type are to be made to the Conservation Easement Areas.
The Owner must protect the natural systems found in the
Conservation Easement from any external, man-made interference;
including without limitation; construction processes, site and
parking lot drainage, lawn chemicals and snow storage. Artificial
maintenance of the vegetation in said Conservation Easement
Areas is prohibited without prior written approval of the Committee.
7.5 Owner's Rights of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title of portions of the Property,
subject to the following:
a. All provisions of this Declaration and of the Bylaws of the
Association;
b. Rules and regulations governing use and enjoyment of the
Common Area adopted by the Association; and
c. Restrictions contained on any and al I plats of any part of the
Common Areas or filed separately with respect to al I or any part of
Blackthorn.
ARTICLE VIII
REGULATION OF IMPROVEMENTS
8.1 Construction and Maintenance of Improvements. Improvements on any
Site shall be constructed and maintained by the Owner or the Occupant of
such Site in accordance with the applicable approved standards and
limitations set forth herein and in the Guidelines, including, but not limited
to standards relating to building height, construction materials, exterior
wall finish, concealment of exterior electrical and mechanical apparatus,
equipment and fixtures, lighting and accessory structures, driveways,
loading facilities, landscaping, parking, storage, fences, and Signs.
8.2 Site Amenities. No Site Amenities as defined herein and in the Guidelines,
of any type sh al I be permitted without the prior written approval of the
Committee. Design of such Site Amenities 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 Amenities
on a site must first submit specifications and plans for such Site Amenities
to the Committee. Said plans and specifications should include the style,
color, material, texture, number, site locations and any other information
about the character of said Site Amenities.
19 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
8.3 Waste and Refuse. All waste materials and refuse shall be stored within
the Building·or within a four-sided enclosure screened from view from any
street or lot.
8.4 Outside Storage and Equipment. No vehicles, material, supplies,
equipment or products shall be stored, installed or permitted to remain on
any portion of Blackthorn outside a permanent structure. Temporary
storage of materials, equipment and supplies in relation to and as a part of
the construction of the Improvements upon a Site is permitted, provided
that such materials, equipment and supplies are completely removed
immediately upon completion of construction.
8.5 Exterior Lighting. Each Owner and Occupant shal I be responsible for
installing, maintaining and operating adequate exterior lighting on the Site
to provide for the safety of its customers and employees and al I such
lighting shall be dark sky compliant and require prior written approval of
the Committee.
8.6 Maintenance Compliance. If minimum maintenance standards are not met
by the Owner or Occupant, the Board shall issue a notice to the Owner or
Occupant requesting action. If the maintenance deficiency is not remedied
within ten (10) days, the Board shall have the maintenance work
performed and shall charge said Owner or Occupant all costs incurred. If
such costs or any part thereof are not paid within ten (10) days after
written demand therefore, the amount unpaid shall bear interest from the
date thereof until the date of payment at the rate of interest set forth in
Section 6.7 herein. If any such fees or costs are not paid on the due date
thereof, the Association shall proceed as permitted in Article IX herein.
ARTICLE IX
VIOLATION OF PROVISIONS
9.1 Abatement and Suit. The Declarant, the Committee and the Association
are each hereby. granted the right to enter upon any Lot in· Blackthorn at
any reasonable time or times to inspect the same for purposes of
determining compliance with Committee approved plans and
specifications, the Covenants and the Guidelines. In the event any such
violations and breaches are not cured within fifteen (15) days after written
demand made upon the Owner or Occupant by the Deel a rant, 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
20 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
Improvement, thing or condition that may be or exist thereof contrary to the
intent and meaning of the provisions hereof as interpreted by the
Declarant, the Committee and the Association, and the Declarant, the
Committee and the Association shall not, by reason thereon, be deemed
guilty in any manner of trespass or conversion for such entry, abatement,
removal, correction, repair, or maintenance or incur any liability on account
thereof. The Declarant, the Association and every Owner (or Occupant,
but only with the respective Owner's consent) of Blackthorn are further
separately empowered to see by legal proceedings, either in law or in
equity, appropriate remedies to abate or to otherwise prevent a continuing
breach of any provision of the Declaration. The amounts of all expenses
incurred by Declarant, the Committee and/or the Association pursuant to
the provisions of this Section 9.1 which are not paid by Owner immediately
on demand shall constitute a lien against the subject Site, shall bear
interest until paid at the rate set forth. in Section 6. 7 hereof and may be
foreclosed by the appropriate legal proceeding.
9.2 Attorney's Fees and Liens. If in connection with any enforcement of this
Declaration, with respect to any Site, it shall be reasonably necessary to
secure the services of attorneys, then the reasonable fees of such
attorneys, and all other costs of enforcement shall be payable by the
Owner of such Site. If such fees and other costs or any part thereof are
not paid within ten (10) days after written demand therefore, the amount
unpaid shall bear interest from the date thereof until paid at the rate of
interest set forth in Section 6.7. If any such fees or costs are not paid on
the due date thereof, the amount thereof together with interest thereon as
aforesaid shall be and become a lien against such Site and may be
foreclosed by any appropriate legal proceedings. In any legal or equitable
proceedings for the interpretation or enforcement of or to restrain the
violation of this Declaration or any provision hereof, the losing party or
parties shall pay the reasonable attorneys' 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 placed upon all or any portion of a Site or Sites which
runs to an institutional lender and to the lien of any unpaid real property
taxes.
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 shal I constitute a nuisance and may
be excised or abated by the Declarant, the Association, the City, any
Owner (or Occupant who has been given such rights by the Owner of such
Site) of a Site, or any of them.
21 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
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.
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.
ARTICLEX
ACCEPTANCE OF COVENANTS
10.1 Owner and Occupant Acceptance. Each Owner and Occupant, by the
acceptance of a deed of conveyance, I ease, 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, title, 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, successors in
interest, heirs, personal representatives and assigns to be bound by the
Covenants. All obligations hereby imposed are covenants running with the
land and shall bind every Owner and Occupant of every part and parcel of
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.
22 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
ARTICLE XI
ASSIGNMENT AND LIM/TA TION OF LIABILITY
11.1 Assignment of 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 land.
11.2 Assignment by Declarant. Any and all of the duties, rights, powers,
privileges and reservations of Declarant herein contained may be assigned
to any party (herein called "Successor Declarant"), either in tote 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 and assumed by Declarant herein. If at any time Declarant ceases to
exist and has not made an assignment, a Successor Declarant may be
appointed by the Board with approval of at least fifty-one percent (51 %) of
the Association membership.
11.3 Limitation of Liability. Neither the Declarant, the City, the Committee, the
Association or the Board or any member, staff member, consultant,
director, officer, agent or employee of the Declarant, the City, the
_Committee, the Association or the Board shall be liable to any Owner or to
any person for any loss, damage, or injury, or claim thereof, arising out of,
or in any way connected with, the performance of the Declarant's, the
City's, the Committee's, the Association's or the Board's duties under this
Declaration unless due to the willful misconduct or bad faith of the
Declarant, the City, the Committee, the Association or the Board, or any
one of their directors, officers, agents, or employees, as the case may be.
The Committee shall review and take action on all plans and specifications
submitted to it for any proposed Improvement, including the construction,
alteration or addition thereof or thereto, or any proposed property use, and
shall make determinations with respect to the Character and Purpose of
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 specifications from the standpoint of structural safety,
engineering soundness, or conformance with building or other codes, nor
shall the Committee's approval of any plans or specifications verify the
23 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
structural safety, engineering soundness, or conformance of the
Improvement to the building or other codes. Furthermore, the Committee
shall not be responsible or liable for structural, engineering, or other
building defects in the Improvements for which plans were approved or for
violations of building, zoning or other land-use codes or regulations.
ARTICLE XII
MISCELLANEOUS
12.1 Amendment. This Declaration and its covenants and restrictions shall run
with the land and be binding until December 31, 2023. So long as the
Declarant owns any part of 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 modified by action of the Association, with voting
rights as established in Section 6.4 herein. Amendments shall become
effective ten (10) days after notice of adoption of said amendment,
together with a copy of the recorded amendment, is mailed to all
Blackthorn Owners. Notwithstanding the foregoing 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
may be extended for successive periods of ten ( 10) years by the
Recording in the Official Records a written instrument declaring the
extension of the term hereof, duly executed by Declarant, if the Declarant
owns some portion of Blackthorn, not including easements reserved and
granted herein under Article VII, and, if the Declarant does not own any
portion of Blackthorn, so described, the written instrument shall be
executed and acknowledged by a majority of the members of the
Association, with voting rights as established in Section 6.4.
12.3 Owner'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 or obligations which shall have accrued prior
to the date of such conveyance.
24 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
12.4 Notices. Any notice, demand, request, consent, approval, designation or
other communication which any party is required or desirous to give or
make to any other party shall be in writing and shall be given or made by
United States registered or certified mail, return receipt requested, with
postage fully prepaid thereon, and addressed to the parties at their current
addresses. Any notice, demand, request, consent, approval, designation
or other communication so sent shal I be deemed to have been given or
made on the date delivered, or on the date delivery was refused.
12.5 Headings. The headings of the Articles and Sections hereof are for
convenience only and are not intended to be part of this Declaration nor in
any way to define, limit or describe the scope or intent of the particular
provision to which they refer.
12.6 Singular and Plural. Words used herein, regardless of the number and
gender specifically used, shall be deemed and construed to include any
other number, singular or plural, and any other gender, masculine or
feminine, as is reasonable in the context.
12. 7 Effect of Invalidation. If any provision of this Declaration is held to be
invalid, the invalidity of such provision shall not affect the remaining
provisions hereof.
12.8 Interpretation. The provisions of this Declaration shall be construed
pursuant to the laws of the State of Indiana and shall be liberally construed
to effectuate the purpose of creating a uniform plan for the development
and use of the property.
12.9 Time. Time is of the essence of this Declaration.
12.10 Waiver. No waiver or failure to enforce any of the provisions of this
Declaration shall constitute a waiver of any other provision, whether or not
similar, nor shall any waiver be a continuing waiver.
12.11 Binding Effect. The provisions of this Declaration will be binding on the
parties hereto and their respective successors, assigns and mortgagees to
the extent herein provided.
12.12 Governing Law. These Covenants shall be construed in accordance with
the laws of the State of Indiana.
25 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
AMENDMENTS
I. Original Declaration
On March 19, 1993, the South Bend Redevelopment Authority and the South
Bend Redevelopment Commission, jointly and severally established the
Declaration of Protective Covenants & Restrictions for the Blackthorn Corporate
Park. The Commission approved the Covenants with its Resolution No. 1147,
recorded with the Office of the Recorder, St. Joseph County, Indiana as
Document No. 9324608. The Authority approved the Covenants with its
Resolution No. 73, recorded with the Office of the Recorder, St. Joseph County,
Indiana as Document No. 9322505.
II. Hotel Site Amendment
The original declaration of Covenants for Blackthorn did not include the intended
site for a hotel-conference center as part of Blackthorn, nor did it specifically
allow for such use in Blackthorn. This amendment added Lot 3 of the Blackthorn
Corporate Office Park to the Covenants definition of Blackthorn AND added the
Hotel use to list of Permitted Uses in Blackthorn. The Commission approved the
amendment with its Resolution No. 1232, recorded with the Office of the
Recorder, St. Joseph County, as Document No. 9410875. The Authority
approved the amendment with its Resolution No. 87, recorded with the Office of
the Recorder, St. Joseph County, as Document No. 9408339.
Ill. Billboard Amendment
This amendment added outdoor advertising signs or billboards to the I ist of
prohibited uses at Blackthorn. The Commission approved this amendment with
its Resolution No. 1361, recorded with the Office of the Recorder, St. Joseph
County, as Document No. 9520538. The Authority approved the amendment
with its Resolution No. 98, recorded with the Office of the Recorder, St. Joseph
County, as Document No. 9520537.
IV. Conference and Catering Site Amendment
This amendment created a fifth Permitted Use, Conference and Catering. The
amendment also limits the new Permitted Use to Lot 1A of Blackthorn Corporate
Office Park Minor #3. The Declarant and al I current Owners approved the
amendment. The Commission's approval was through its Resolution No. 1445;
the Authority's approval was through its Resolution No. 108. The Amendment
was recorded in the Office of the Recorder, St. Joseph County as Document No.
9707058.
26 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
V. Office/Research and Open Space and Parking Landscape Areas
Amendment
This amendment, approved by Resolution No. 2317 on March 2, 2007, changed
the Support Office/Research floor requirement from 50% to 33% and revised the
maintenance responsibilities for open space and parking landscape areas to the
Owners Association. It also removed the 3 foot minimum requirement for shrubs
planted as screen. Additionally, the entire set of Protective Covenants and
Restrictions and Development Guidelines were re-approved with multiple smaller
changes.
VI. Education Amendment
This amendment, approved by Resolution No. 2868 on 4/12/11, added
Educational Use as a Permitted Use on Lot 3A. Educational Use includes the
operation of a middle school (grades 7-9) and high school (grades 10-12), as
well as adult education programs, as is authorized in areas zoned as "LI Light
Industrial" per S.B. Municipal Code Section 21-04.01 (a)(1 )(B). The Amendment
was recorded in the Office of the Recorder, St. Joseph County as Document No.
1112455.
VII. Amendments to Articles V and VIII
This amendment, dated March 27, 2012, eliminated the Review Fee associated
with an application for review by the Committee under Article V. In addition, this
amendment altered certain regulations under Article VIII concerning bike paths
and landscaping plans.
VII. Light Industrial Amendment
The Association approved this amendment at its annual meeting held on
October 27, 2015, and the Commission approved this amendment by Resolution
No. 3315 on November 12, 2015. This amendment modified certain provisions
pertaining to development and use restrictions in Articles Ill and IV, the
Committee's design review process, and the scope of regulations in Article VIII,
in addition to other various changes. This amendment also clarified that the
Common Areas are not subject to dues, assessments, charges, costs, or fines of
the Association. In addition, this amendment included other minor changes.
Executed copies of the above documents are available for inspection at the
Redevelopment Commission's office or at the Office of Recorder, St. Joseph County.
27 Blackthorn Corporate Park -Covenants & Restrictions Amended as of 1111212015
IN WITNESS WHEREOF, the SOUTH BEND REDEVELOPMENT COMMISSION, has declared the above
and foregoing Protective Covenants and Restrictions for the Blackthorn Corporate Park.
ATTEST:
Don E. Inks, Secretary
State of Indiana
St. Joseph County
)
) SS:
)
For the Declarant:
SOUTH BEND REDEVELOPMENT COMMISSION
Marcia I. Jones, President
Before me the undersigned,
a Notary Public, in and for said County and State, personally
appeared the South Bend Redevelopment Commission, by Marcia I. Jones, and Don E. Inks,
President and Secretary, respectively, and acknowledged the execution of the foregoing
Declaration.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the
__ day of 20_.
Notary Public
Residing in St. Joseph County, Indiana
My Commission Expires: _____ _
4000.0000047 60986250.010
28 Blackthorn Corporate Park-Covenants & Restrictions Amended as of 1111212015
Exhibit "A"
Lot Designation
~
NORTH
A part of Sections 19, 20, 29 and 30, Township 38 North, Range 2 East, German Township, South Bend, St. Joseph County, Indiana:
All of Lots Numbered 1, 2, 3 and 4 as defined in the recorded plat of Blackthorn Corporate Office Park, recorded as Document
No. 9438010 on October 4, 1994 in the Office of the Recorder of St. Joseph County, Indiana.
Blackthorn Corporate Park -Covenants & Restrictions Current as of 11 /12/15
Exhibit "B"
Use Designation
c:J Office/Support Office/Research/Hotel/Educational
D Conference & Cate.ring
-Educational
D Support Office/Research
Light Industrial
Blackthorn co·rporate Park -Covenants & Restrictions
NOTE: Office/Support Office/Research/Hotel/Educational Uses allowed in Light Industrial.
Light Industrial not allowed in Office/Support Office/Research/Hotel/Educational.
Updated 11 /12/15
Exhibit "C"
Com·mon Areas
• NORTH
-Retention/Natural
-Streetscape
Blackthorn Corporate Park -Covenants & Restrictions Current as of 11 /12/15
Exhibit "D"
Landscape Easement Areas
1111 ~
j ~!============~:~~==========
._ 30'LandscapeEasement
-Non Corporate Park Land
Blackthorn Corporate Park -Covenants & Restrictions Current as of 11 /12/15
EXHIBITB
Development Guidelines for Blackthorn Corporate Park
[See attached.]
~
BLACKTHORN
CORPORATE PARK
Development Guidelines
Amended as of November 12, 2015
TABLE OF CONTENTS
Introduction ................................................... 1
Design Review and Approval Process ........ 1
Required Information .................................... 2
Architectural Design ..................................... 3
Setbacks ........................................................ 4
Fencing .......................................................... 4
Loading and Service Areas .......................... 5
Vehicular Circulation and Parking ............... 5
Site Utilities .................................................... 7
Site Signage ................................................... 7
Construction Phase ...................................... 8
Landscaping .................................................. 9
Maintenance ................................................ 11
Additional Information ................................ 12
INTRODUCTION
These Development Guidelines are cited in the Declaration of Protective Covenants &
Restrictions for the Blackthorn Corporate Park (Covenants) as Recorded at the Office of
the Recorder, St. Joseph County, Indiana. The purpose of these Guidelines is to assist
the Applicant in achieving a certain level of quality in site development, consistent with
the concepts for 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, thus protecting
and enhancing the investment of all Blackthorn Owners.
The Development Guidelines shall apply to all propert1es 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 criteria are the most restrictive.
The Applicant should refer to the Covenants, the City of South Bend Zoning Code, the
Airport Economic Development Area Development Plan, and any other applicable
instruments governing development within Blackthorn.
These Development Guidelines are intended to aid the Applicant in achieving a style,
character and quality of development conforming to the goals and objectives for
Blackthorn as described in Article 11 of the Covenants.
DESIGN REVIEW AND APPROVAL PROCESS
The Design Review and Approval Process has two steps. The first step is to submit to
the Architectural and Site Plan Committee (Committee) a preliminary conceptual plan
which includes: building elevation, types of materials, and a site plan. Step two is to
submit more detailed plans and specifications as stated in section 5.4 of the Declaration
of Protective Covenants & Restrictions for the Blackthorn Corporate Park.
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
submittals seeking Committee approval. All building construction and site
improvements must be reviewed and approved by the Committee before local or state
building permits are secured and any on-site construction begins.
Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
Prior to the Committee taking action, plans and specifications of the proposed project
must be reviewed by the Committee. The Committee will act on each application within
thirty (30) days of the receipt of the Required Information. For a typical build1ng project,
three (3) sets of plans and specifications must be submitted. The following section,
"Required Information," details the information that must be included. One copy will
remain on file with the Committee.
REQUIRED INFORMATION
The following list identifies the information that must be supplied to the Committee.
Each Applicant is encouraged to submit preliminary drawings and information to the
Committee for review before the formal review process begins.
Required Information is as follows:
1. Architectural plans and specifications including building elevations, types of
materials, exterior colors, exterior site lighting, and floor plans;
2. 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, easements, utilities, and sign locations;
3. 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, including the identification of all trees of six
(6) or more inches in caliper which are specimen caliper plantings that will be
removed or destroyed.
4. Sign and/or Signage plans showing size, height, design, color, materials,
location, construction and lighting with respect to each intended Sign;
5. Such other information as the Committee may require which is pertinent to the
evaluation of the plans and specifications.
Variances to the requirements of these Guidelines and the Covenants may be permitted
when deemed appropriate by the Committee, and shall follow Section V of the
Covenants.
2 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
ARCHITECTURAL DESIGN
The purpose of the Architectural Guidelines is to produce orderly and aesthetically
pleasing development of high quality architecture in harmony with the character of
Blackthorn and existing improvements, which serves to enhance not only the individual
building, but also the entire Blackthorn development. It is the intent of these Guidelines
to encourage innovative architectural design. All buildings shall conform with the
following requirements.
1. Overall design: Buildings shall be designed in such a way that all sides of the
building are equally attractive, rather than placing a// emphasis on the front
elevation and neglecting the aesthetics of the side and/or rear elevations. Any
accessory buildings and enclosures, whether attached to or detached from the
main building, shall be compatible to the main building in design and materials.
2. Exterior materials: The approval of exterior materials, including type, color,
texture and durability, and the extent of use of any single material or combination
of materials shall be solely at the discretion of the Committee·. Exterior materials
shall conform to and be in harmony with the external design of neighboring
structures and natural landscape. The Committee shall not arbitrarily or
unreasonably withhold its approval of such use of exterior materials. Applicants
are encouraged to contact the Committee early in the architectural design stages
of their project to discuss or propose appropriate exterior materials. Corrugated
metal or pre-engineered metals installed with exposed fasteners are prohibited
on the exterior wall of any building. The use of masonry materials as the
dominant finish is strongly encouraged.
3. Rooftops: All rooftop surfaces, equipment and accessories shall be approved by
the Committee according to the following guidelines:
3
a. The roof surface materials, texture, and reflectivity shall be reviewed
considering their effects on the views of other Blackthorn Lots and
structures.
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
Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
and buildings.
d. Rooftop antennas and towers must be specifically approved by the
Committee upon recommendation by the St. Joseph County Airport
Authority, as to their height and location.
SETBACKS
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. No improvement or portion thereof shall be permitted within the
Building Setback Areas as herein defined, except for improvements below ground,
landscaping, signs, or driveways.
1. Minimum setbacks for buildings and parking lots from adjacent street rights-of-
way and Lots sha II be as follows:
Setback from Nimtz Parkway/Moreau Court
Setback from all other public street right of way
Setback from Side and Rear Lot Lines (not adjacent to streets)
70 feet
50 feet
25 feet
2. Driveways shall be setback from adjacent property lines at least twenty-five feet,
except where access driveways are shared by adjacent owners. Access drives
shared by two or more adjacent Sites is encouraged.
3. All setback areas shall be planted and landscaped in accordance with the
Landscape Guidelines.
FENCING
The purpose of the Fencing Guidelines is to provide for security, for screening of
unsightly areas, and for visual relief and buffering where appropriate. Fencing
Guidelines are as follows:
1. No fence or wall of any kind shall be constructed unless specifically approved
by the Committee.
2. Objects such as water towers, storage tanks, processing equipment, cooling
4 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
towers, communication towers, vents, and other structures or equipment shall
be compatible with the building architecture or screened from view of adjacent
properties, parking areas, public streets, and common areas by using fences
and/or walls and shall be approved, in writing, by the Committee before
construction or erection of said structures or equipment. The St. Joseph
County Airport Authority may have final approval or disapprove of such
structures or equipment concerning height and location.
3. Screen fences or walls shall be of a height at least equal to that of the
equipment to be screened.
4. Materials and colors of fences and walls shall be compatible with the building
architecture.
5. Chain link and/or barbed wire fencing is not permitted in Blackthorn without
specific approval of the Committee.
6. No fence or wall shall be located within the setback areas of any lot.
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. Installation of one or more truck bays or docks must be specifically approved by
the Committee.
VEHICULAR CIRCULATION AND PARKING
The purpose of the Vehicular Circulation and Parking Guidelines is to provide for safe
and convenient movement of motor vehicles, to limit vehicular/pedestrian conflicts, to
5 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
limit paved areas, to provide screening of paved areas, and to soften the visual impact
of parking lots by providing interior planting. The guidelines are as follows:
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:
Office Buildings 1 space per 250 sq. ft.
Support Office/Research/others 1 space per 600 sq. 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 setback areas.
5. Visitor drop-off zones and parking should be provided near visitor entrances,
however, visitor parking is not permitted within the setback area.
6. Employee parking shall be separated from visitor and front entrance traffic.
7. All parking shall be screened from public streets by appropriate landscaping (see
Landscaping Guidelines).
8. In parking lots, landscaped islands must be installed in intervals of not less than
every twenty parking spaces; and at the end of all rows of parking. Parking
islands shall have a minimum width of nine feet. A continuous poured-in-place
concrete curb shall be installed around all vehicular parking and circulation areas
to protect lawns and landscaping from vehicular traffic.
9. The use of parking bumpers in surface parking lots is prohibited.
10. External loudspeakers or public address systems are prohibited.
11. All curb cuts onto public streets shall be on-grade curb return types. Residential
type, ramped curb cuts are not permitted.
12. Parking areas shall be broken into sections not to exceed 200 cars. Parking
areas shall be separated by a major landscaped buffer to provide visual relief.
6 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
13. All parking spaces must be designated by painted lines.
14. All parking lot and road pavement sections shall be designed by a registered
engineer.
SITE UTILITIES
The purpose of the Site Utilities Guidelines is to promote the coordinated development
of utilities in Blackthorn and to minimize utility costs and adverse visual impacts caused
by utility structures and appurtenances. The guidelines are as follows:
1. All permanent utility lines shall be underground.
2. Transformers shall be grouped with utility meters where possible and shall be
screened in a manner approved by the Committee.
3. Utility appurtenances including telephone pedestals, utility meters, irrigation
system backflow preventers, transformers; etc. are not to be visible from adjacent
sites, parking areas, public streets, pedestrian walkways and shall be screened
in a manner approved by the Committee.
SITE SIGNAGE
The purpose of the Signage Guidelines is to establish a coordinated graphic program
that provides for individual Occupant identification and directional communication in a
distinctive and aesthetically pleasing manner. This graphic system is a major factor in
creating and preserving the design character and integrity of Blackthorn. Size and
placement of all signage shall be considered an integral part of site development, and a
signage plan shall be submitted for the approval of the Committee.
The Signage Guidelines apply to the categories of signage as follows:
1. Identification Signage: The first category applies to signs used for identification
of buildings and/or Owner/Occupants. Each site is limited to one Identification
sign. The design, style and material of the Identification sign shall match and
compliment the design, style and material of the building. Signs should be
constructed of masonry with either backlit or externally lit cut-out graphics. The
sign should include the full street address of the building. The design of all
7 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
identification signs must be approved by the Committee.
a. Identification signs shall be constructed of masonry or stone materials.
Where Identification signs use aluminum or other such metal, box
construction, masonry or stone materials must represent more than fifty
percent of the total area of the sign face.
b. In the case of multiple tenants, all may be identified on the same sign, up
to a maximum of three tenants. Where there are more than three tenants,
the building should be identified with a name and the tenants listed on a
Directory inside the Building.
c. No sign shall exceed forty sq. ft. per face. It is the intention of the
guidelines that sign size be in aesthetic balance with the site and building.
d. The sign shall be placed no closer than twenty-five (25) feet and no further
than thirty (30) feet from the street.
e. The sign must be placed so it does no obscure any other identification,
information, or vehicular control signs.
f. Building mounted identification signs must be specifically approved by the
Committee.
2. Temporary Signage: Temporary signs can be used for real estate sales or
leasing, construction and design team information or future Occupant
identification. Temporary signs, including real estate signage, must be approved
by the Committee in writing.
3. Electronic and digital signage is not permitted in Blackthorn Corporate Park
without specific approval of the Committee.
CONSTRUCTION PHASE
The purpose of the Construction Phase Guidelines is to minimize the adverse impacts
of construction on the site's natural systems and other related activities:
1. 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:
8 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
a. General Contractor
b. Applicant's development team
c. Applicable utility companies as necessary
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
c. Project driveway interface with existing roads.
d. Fine grading and landscaping.
2. Construction sites shall be maintained in a neat and orderly manner. All trash
shall be kept in enclosed containers and emptied frequently.
3. 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
locations of all underground utilities and irrigation systems.
4. Jt is the responsibility of the Applicant to protect the area designated as
Conservation Easement from all construction processes. This protection should
include without limitation, enclosing the area and the area's drip line with a
temporary fence and construction of a temporary ditch to prevent runoff from
reaching the Conservation area.
LANDSCAPING
The Landscape Guidelines recognize that landscaping is of primary importance to the
establishment of the design character of Blackthorn. The Guidelines are intended to
promote the establishment of compatible and continuous landscape development to
enhance and unify Blackthorn. More specifically, the guidelines are intended to provide
for a neat and well maintained appearance in areas not covered by buildings, parking,
or Conservation Easements; to enhance and preserve the existing site character; to
minimize the adverse visual and environmental impacts of large paved areas. The
landscaping requirements are as follows:
1. Applicants must submit a proposed landscape plan and budget. As a general
9 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
rule, Applicants are required to spend no less than four percent of total project
construction costs or $15,000 per acre on landscape improvements. Earth work,
Lighting, and Site Utilities are not intended to be included in the costs of
landscaping.
2. The landscape plan as required for review by the Committee must be prepared
by a qualified Landscape Professional. Every effort shall be made to preserve as
many existing trees as is reasonably practicable. In the event a healthy tree of
six (6) or more inches in caliper must be removed or destroyed to permit
construction, a replacement tree shall be planted. New plant materials shall
compliment the existing natural landscape.
3. Landscaping in accordance with the approved plan must be implemented and
completed within one hundred twenty (120) days, weather permitting, after
building occupancy.
4. All parking lots shall be landscaped as follows:
a. Provide landscaped islands in parking lot interiors per the requirements of
the Vehicular Circulation and Parking Guidelines.
b. The setback space between public streets and parking lots shall be fully
landscaped. Where possible, berming shall be provided in order to screen
parked cars. Berms shall conform to the Committee's requirements.
Where berms are not possible due to space limitations, the parking shall
be screened through the use of coniferous trees and/or appropriate shrub
plantings or screen walls.
5. A minimum of fifty percent (50%) of the space between the public street and
parking lots of 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 streets. This lawn planting may be interrupted with
shrub beds at entry points and in key accent areas as appropriate.
6. All Plant Materials installed shall be of minimum size at the time of planting, as
follows:
a. Shade trees
b. Coniferous trees
c. Ornamental trees
d. Shrubs
3 inch caliper
6 feet height
2 inch caliper
3 feet height or 1 gallon
7. All areas not paved or built upon, but disturbed during the construction period
must be landscaped with trees and irrigated lawn or planted with native grasses
10 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
and ground covers. Large uninterrupted areas of gravel or bare soil is prohibited.
8. All irrigation systems are to be below ground, fully automatic systems in
compliance with applicable building code requirements.
MAINTENANCE
The purpose of the Maintenance Guidelines is to define the minimum maintenance
standards to promote a uniform, neat and clean appearance throughout Blackthorn.
Maintenance requirements are as follows:
1. Owners and Occupants shall maintain their Improvements in good and sufficient
repair and in an aesthetically pleasing manner.
2. Improvements which are damaged by the elements, vehicles, fire or any other
cause shall be repaired as promptly as the extent of the damage will permit.
Buildings which cannot be repaired due to such extensive damage, shall be
demolished within sixty (60) days of the date of damage.
3. Buildings which happen to be vacant for any reason, shall be secured and
maintained.
4. Sites shall be maintained in a safe, clean and neat condition free of rubbish and
weeds. Roads and pavements shall be kept true to line and grade in good
repair.
5. Landscape Areas: The following lists the maintenance responsibilities of the
different landscape areas:
11
a. Common areas are landscaped and maintained by the Association.
b. Landscape Easements are initially landscaped and maintained by the
Owner until such time as they are accepted by the Association.
Thereafter, the lawn in the Landscape Easements will be maintained by
the Owner and the plantings will be maintained by the Association.
c. Site and parking landscape areas are to be landscaped and maintained by
the Owner in accordance with these guidelines.
d. Conservation Easements are to be reserved by the Commission. These
areas are to be left natural and are not to be maintained.
Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
6. Landscape Maintenance: Maintenance requirements of the landscaped areas in
Blackthorn are as follows:
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 necessary to maintain healthy growing
conditions.
7. If minimum maintenance standards are not achieved by the Owner or Occupant,
the Association may take action as set forth in the Covenants.
ADDITIONAL INFORMATION
The following information is not required by the Committee; however, Developers are
encouraged to submit the information as it may avoid unnecessary delays.
1. Complete grading and drainage plans showing all relevant elevations of drainage
and retention areas, flow points and storm detention, and provisions for erosion
control;
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The purpose of the site grading plans are 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:
a. Lot grading will be done in such a way as to preserve the existing
topographic features and to provide positive drainage. All site grading
shall be designed to meet the following standards:
Minimum Maximum
SloQe SloQe
Landscape areas 2% 3:1
Parking Lots 2% 4%
Driveways 2% 5%
Pedestrian paths 1% 8%
b No cut or fill slopes of any type shall be steeper than 3: 1 with smooth
vertical transitions. Where space limitations demand, terracing with
Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015
approved retaining walls shall be utilized.
c. Where retaining walls are required, they shall be of a material compatible
with the building architecture.
d. Berms, channels, swales, etc., shall be graded in such a way as to be an
integral part of the grading, and paved surfaces designed with smooth
transitions between changes in slope.
2. Proposed construction schedule covering each phase of construction on the Site;
3. Description of proposed operations and/or uses, including number of employees
expected and proposed for the future;
4. Characteristics of the intended use of the Site with emphasis on measures taken
to mitigate any adverse effects caused by the development;
5. Architect's total estimated cost of construction of the proposed improvements.
Owners are encouraged to construct additional paths on each lot and provide bike
storage areas on each Site for employees.
4000.0000047 54099943.006
13 Blackthorn Corporate Park-Development Guidelines Amended as of 1111212015