REVISED
RESTRICTIVE COVENANTS
&
DESIGN STANDARDS
for
THE ROANE REGIONAL BUSINESS AND TECHNOLOGY PARK
WHEREAS, the Industrial Development Board of the County of Roane, Tennessee ("Board") has heretofore caused Restrictive Covenants and Design Standards to be placed upon The Roane Regional Business and Technology Park ("Park"), a copy of which is recorded in Deed Book E-22, Page 784, in the Register's Office for Roane County, Tennessee; and,
WHEREAS, the Board sees a need to revise said Restrictive Covenants and Design Standards by adding a paragraph to Section V, Paragraph G, relating to water and/or sewer service within the Park; and,
NOW THEREFORE, the Board does hereby adopt the following revision of Restrictive Covenants and Design Standards for The Roane Regional Business and Technology Park.
I. PURPOSE OF DECLARATION
The Industrial Development Board of the County of Roane, Tennessee ("Board") and Roane County, Tennessee ("County") have caused to be developed an industrial, technology and research park on properties in the Third Civil District acquired by the County and transferred to the Board. The site has been denominated as the Roane Regional Business and Technology Park ("Park"). The purpose of this declaration is to insure proper use, development and improvement of the Park, so as to: (1) protect the Declarant and Owners and Occupants of the Park Property against such use of neighboring building sites as might depreciate the value of their property; (2) guard against the erection in the Park of structures built with unsuitable materials or of improper quality; (3) insure adequate and reasonable development of the Park; (4) encourage the erection of attractive, permanent improvements appropriately located to insure harmonious appearances and functions; (5) encourage compatible, architectural and engineering design; (6) ensure the protection of environmental and cultural assets and, in general, provide a harmonious development that will promote the general welfare of the Owners and Occupants of the Park Property.
II. DEFINITION OF TERMS
The following terms and words are defined for use herein as follows:
Additional Property - shall mean and refer to any real property lying adjacent or in close proximity to the Property, but not presently comprising any part of the Property, which Declarant may from time to time acquire and add to the Property and make subject to these Covenants.
Assessment - shall mean and refer to any amount determined by the Declarant to be necessary for the installation, maintenance, repair, or modification of any improvements to the Roane Regional Business and Technology Park.
Building Site - shall mean and refer to a tract of real property within the Roane Regional Business and Technology Park (Park) which is not a part of Common Areas.
Common Areas - shall mean and refer to all real or personal property now or hereafter owned by the Declarant for the common use and enjoyment of the Owners and Occupants of the Park Building Sites.
Covenants - shall mean and refer to any and all easements, conditions, restrictions, standards, procedures, charges, liens, and regulations set forth in this Declaration.
Declarant - shall mean and refer to the Industrial Development Board of the County of Roane, Tennessee.
Declaration - shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions, and all amendments thereto.
Improvement - shall mean and refer to any building, structure, or devices constructed, erected, or placed upon any portion of the Property which in any way affects the exterior appearance of any Building Site or Common Area.
Lot - shall mean and refer to any portion of the Property, other than a designated Common Area or a publicly dedicated street, upon which it is intended that an Improvement shall be placed.
Occupant - shall mean and refer to and include any Owner and the family members of any Owner; the employees, guests, invitees, tenants and agents of the Owners and their family members; and any other person who occupies or uses any Lot within the Property.
Owner - shall mean and refer to the record owner, including the Declarant, of a fee simple title to any Lot or Property located within the Roane Regional Business and Technology Park, whether a corporation, partnership, proprietorship, association, or other entity of any nature; but shall not include (a) mortgagee unless and until such mortgagee has foreclosed on its mortgage and purchased such Lot at the foreclosure sale held with respect to the foreclosure of such Mortgage, or (b) any lessee, purchaser, contract purchaser, or vendor who has an interest in any Lot solely by virtue of a lease, contract, installment contract, or other agreement.
Property - shall mean and refer to the real property within the boundaries of the Park and Additional Property which may be made subject to this Declaration by Subsequent Amendment to this Declaration.
Sign - shall mean and refer to any structure or device, electric or non electric, upon which any poster, printing, lettering or other advertising of any kind whatsoever is used.
Subsequent Amendment - shall mean and refer to an amendment of this Declaration which adds additional property to that subject to this Declaration, adds new, or modifies existing provisions of this Declaration.
III. PERMITTED LAND USES
Unless otherwise approved by the Industrial Development Board of the County of Roane, Tennessee, the Park shall be used for manufacturing, processing, creating or assembly of goods, merchandise and equipment; warehousing and distribution; and offices for research and services not necessarily related to manufacturing or industrial uses.
IV. PROPERTY SUBJECT TO DECLARATION
General - The Declarant, for itself and its successors, declares that the Park shall be subject to the Covenants set forth in this Declaration. The Park and any portion thereof shall be held, owned, sold, transferred, conveyed, encumbered, built upon and otherwise used, improved, and maintained subject to the terms of this Declaration. These covenants shall run with title to the Property. If the Owner of a Lot(s) desires to sell the Lot, the Declarant shall have the right of first refusal before the Lot is offered for resale.
Additional Property - The Declarant reserves the right in its absolute discretion, at any time, to a make any Additional Property subject to the provisions of this Declaration. The Declarant shall subject any Additional Property to the provisions of this declaration by an instrument executed by Declarant in the manner required for the execution of deeds and recorded in the Office of the Roane County Register of Deeds. Such instrument shall contain an exact description of the Additional Property and state any difference which the Declarant specifies to regulate and control the use of said Additional property. Such instrument shall contain a statement that the Additional Property is conveyed subject to the provisions of this Declaration.
Development and Subdivision of Property - Without obligation, the Declarant has the express right to make any improvements and/or changes to any Common Areas and to any Lots that may be owned by the Declarant, including the installation and maintenance of any Common Areas or changes in any boundaries of any Lots owned by the Declarant, along with the installation of maintenance of any water, sewer, or other utility system or facility. The Declarant also has the express right to combine and/or redivide any Lots owned by the Declarant; to record, amend, revise, and otherwise add to a subdivision plat, including, without limitation, locations and dimensions of all Lots, Improvements, Common Areas, Additional Property, roads, streets, utility and drainage systems, utility and drainage easements, setback line restrictions, lakes, retention ponds, and drainage basins. Any and all such amendments shall be binding upon the portion of the Property so indicated as if such subdivision plats were incorporated into this Declaration.
V. DESIGN STANDARDS
The purpose of these design standards is to assure each Owner that the Property will be developed and constructed as a planned industrial/business park; that all Improvements will be of high quality and harmonious with surrounding improvements and with the natural environment; and that the development of each individual Lot will add to the aesthetic quality of the Property as a whole. All uses allowed and all improvements made to the Park Property shall conform to the requirements set forth in the Roane County Zoning Ordinance and addition to these design standards. Any variance from these standards shall be submitted to the Board for approval before construction commences.
A. Site Design - It is intended by the Declarant that the general character of the Property when developed shall be campus- or park-like in which the natural characteristics of the site are emphasized. To help achieve this objective, the following standards will be applied:
1. No Improvement of any kind, and no part thereof, shall be placed, built, or installed any closer than fifty (50) feet to the front, thirty (30) feet to the rear, and twenty-five (25) feet to the side property line of any Lot. All porches, terraces, decks, patios, or similar structures shall be deemed part of the structure for the purposes of determining setbacks. Steps, walkways, driveways, landscaping, and/or approved signs are expressly excluded from this requirement.
2. Employee parking should preferably be located in the side or rear yards of the Lot.
3. All on-site access roads, driveways, and similar vehicle maneuvering areas shall be separated by parking areas, walkways, planting areas, or a combination thereof.
4. All dumpsters and/or similar waste receptacles shall be located in the side or rear of yards of any Lot, and shall be screened and secured.
B. Building Design and Materials - All structures built, placed, and/or installed on any Lot shall meet or exceed the following standards:
1. Building Facade Materials: Exterior materials used in construction shall establish a look of quality, permanence, and uniformity. It is the intent of these standards to create visual interest in buildings and walls. The primary front facing facade should incorporate a combination of materials and architectural elements to establish an individual character. Materials shall be harmonious and compatible with colors of the natural surroundings and other adjacent buildings. Buildings shall normally be faced in medium-value range and earth tones should predominate. Use of excessively bright primary colors is normally not permitted except as intermittent accents or for signs. Generally acceptable exterior facade materials include:
Commercial: brick, stone, stone veneers, wood siding (painted or stained), composite siding (e.g. Hearty Plank or similar material) pre-cast concrete, tilt up concrete panels, and stucco.
Industrial: brick, brick veneers, stone, stone veneers, pre-cast concrete, tilt-up concrete panels, and stucco. Insulated metal panels, other than corrugated metal, may be permitted if approved by the Board. Inappropriate materials include corrugated metal skin, exposed concrete block, wood, or similar nonpermanent materials.
2. Accessory Structures: All accessory structures including service storage areas, loading docks, and refuse containers shall be concealed and contained within the building or will be concealed and contained by means of a screen wall of material similar to and compatible with that of the primary building. Accessory structures shall be located in the most inconspicuous manner possible.
3. Docks and Storage areas: Docks and storage areas shall typically not be visible from either interior roads within the park, or when practical, shall not be exposed to Interstate 40. Efforts shall be made to position the building on the site in such a manner to reduce the visual effects of loading and dock areas. A combination of landscape materials, earthen berms, and architectural screens shall be used to effectively buffer/screen such areas from adjoining properties and public roads. Exterior storage areas for raw or finished products, packing material, or similar items are normally not permitted unless approved by the Board and sufficient screening is provided.
4. All electrical, gas, telephone, and cable television meters shall be located at the side or rear of all structures.
5. All exterior heating, ventilating, and air compressor units and equipment shall be located at the side, rear, or top of structures. They shall be screened by approved walls, fencing, or landscaping.
C. Parking, Loading and Access - All uses placed on a Lot shall provide parking and loading space in accordance with the following standards:
1. All the parking spaces required for the uses on each Lot shall be provided on that Lot.
2. All parking spaces, loading areas, driveways, and vehicle maneuvering areas shall be surfaced with hard durable dust-free materials such as asphalt, bituminous concrete, concrete, brick, or an equal material approved by the Declarant.
3. Access driveways from the public street shall be located in such a way that they create no traffic hazards. Such access driveways also shall be located so that they create minimum disruption of the landscaping materials in the public street right-of-way. If such access results in the removal of any landscaping in the public right-of-way, the materials removed shall be replaced at the expense of the owner of the Lot and in a manner approved by the Declarant.
D. Landscaping - All landscaping shall be installed and constructed in accordance with the following standards:
1. A landscaping plan shall be submitted showing the location, species, size of all existing vegetation more than six (6) inches DBH (Diameter at Breast Height) and the location and characteristics of all existing vegetation on the Lot which is to be preserved, and all proposed planting materials and landscaping structures and facilities to be installed. A materials' schedule for all proposed plant materials is to be included illustrating quantity, species, and size.
2. The landscaping plan for each Lot shall, to the maximum extent possible, incorporate the natural vegetation existing on such Lot.
3. During any construction operations on a Lot, the Owner and/or builder or contractor shall erect suitable protective barriers around all trees that are to be preserved, and shall ensure that their trunks, branches, and root structures are not damaged or compacted during such construction operations.
4. With the exception of walkways, driveways, parking areas, and service areas, all ground within the boundaries of a Lot shall be landscaped in a manner that is complementary to the design of the structures, provides the necessary screening, and forms an attractive transition to the natural landscaped features.
5. All parking and vehicular turnaround areas shall be landscaped in a manner which compliments the entire park.
E. Lighting - Lighting of the exterior of structures is permitted provided that the light source compliments the design of the structures, and does not draw an inordinate amount of attention to the structures.
Parking lots, service areas, driveways, vehicle maneuvering areas, and pedestrian walkways shall be lighted in accordance with the following standards:
1. Lighting of these areas shall be designed to provide an average on one (1) foot-candle of illumination per one (1) square foot of surface area.
2. The fixtures used should be compatible with the architectural character of the structure, the landscaping, and the natural features on the Lot.
3. All fixtures shall be equipped with cut off features so that the source is not visible from the street and/or the adjacent Lots.
F. Signage - The following standards apply to signs:
1. All industrial building sites shall provide a ground mounted building identification sign near the entrance to the principal building. The maximum sign face shall not exceed 60 square feet, with the maximum sign height not to exceed 8 feet above the finished grade and located no closer than 10 feet to the road right-of-way. The maximum sign face shall be 100 square feet. The maximum height shall not exceed 20 feet. Upon review, the Board may approve a uni pole multi-tenant sign for interstate exposure. All ground-mounted signs shall be monument style and illuminated internally or non-illuminated.
2. Wall signs shall be permitted for industrial and commercial properties based on the lineal feet of building façade facing the primary roadway. Wall signs shall not exceed one square foot per lineal foot of building façade for both commercial and industrial property. Wall signs shall include only the standard name and logo of the business and may be illuminated, indirectly illuminated or non-illuminated. Additional signs essential to inform and direct the public such as tenant identification signs, receiving/shipping access, areas specified for parking, or other similar signs shall be permitted with no one sign exceeding an area of six square feet unless approved by the Board. Billboards and movable or portable signs are prohibited throughout the property.
G. Utilities - All electric power lines, water pipes, gas pipes, sewer pipes, or any other utility service shall be installed and constructed in accordance with the following standards:
1. All utility lines, pipes, conduits, and wiring for electrical, gas, telephone, water, sewer, or any other utility service for any Lot within the Park shall be installed and maintained below the surface of the ground, except for meter connections that shall be screened or enclosed in a manner approved by the Declarant. Mainline utility lines for the Park may be above ground.
2. All electrical, gas, telephone, and cable television meters shall be located at the side or rear of all structures.
3. The Board permanently restricts tap-ons of water and/or sewer service from EDA funded facilities to any new development within any Jurisdictional Freshwater Wetland(s), Federal Emergency Management (FEMA) designated 100-year floodplains, prime farmland or endangered or threatened species habitat.
H. Outside Storage - The following standards apply to all outside storage:
1. No vehicles, equipment, materials, supplies, or products shall be stored or permitted to remain on any parcel outside a building unless such storage is suitably shielded from public view by an appropriate screen compatible with the design of the building. Storage required by the production process shall be reviewed by the Declarant.
2. Garbage and refuse containers shall be concealed and contained within a building or located at the side or rear of the building. All containers shall be concealed by means of a screening wall of material similar to and compatible with that of the building.
I. Fencing - Fencing will be allowed only for the protection of storage areas and for essential security needs. The following standards apply to all fencing:
1. The location, height, and type of all fences must be approved by the Declarant. Chain link fences will be considered only if they are screened by landscaping material that will grow to a height equivalent to that of the fence. Vinyl-covered chain link fencing may also be considered.
2. Except for decorative fencing shown upon the landscape plan submitted to and approved by the Declarant, no fence shall be permitted nearer to the street than the front facade of the building on these sites. All fencing shall be set back from the property line at least five (5) feet.
VI. CONTINUOUS PERFORMANCE STANDARDS
The purpose of the continuous performance standards is to ensure that each business in the Park strives to design a facility that will in no way disturb or interfere with neighboring properties. Any business that cannot meet applicable state and federal environmental standards shall not locate within the Park.
A. Fire and Explosion Hazard - All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters concerning the plant operation and storage of explosive raw materials, fuels, liquids, and finished products.
B. Liquid or Solid Wastes - The discharge of untreated industrial wastes into a stream or open or closed drains is strictly prohibited. All methods of sewage and industrial waste treatment and/or disposal shall be approved by the Declarant, Roane County and the applicable regulating division of the Tennessee Department of Environment and Conservation. Park businesses will be required to comply with Federal and State regulations regarding pretreatment of industrial waste prior to its being discharged into the sanitary sewer system. Park business must also comply with said regulations for the disposal of solid waste, including demolition, sanitary, special or hazardous wastes.
C. Smoke, Fumes, Gases, Dust, and Odors - There shall be no excessive emission of any smoke, fumes, gases, dust, or odors. These and any other atmospheric constituents which are detectable to the human senses at the boundaries of the Lot occupied by such use is prohibited beyond a level that creates a human health risk.
D. Vibration - There shall be no vibration which is discernible to the human senses beyond the immediate site on which such use is conducted.
E. Noise - There shall be no operational industrial noise measured at any point on the property line of the Lot on which the industrial operation is located which shall exceed the decibel values approved by applicable Occupational Safety and Health Administration regulations.
F. Site Drainage - No driveways, walks, parking areas, etc., may be constructed across any drainage ditch, channel, or swale without providing adequate culverts or waterway openings for natural drainage. Such culverts, etc., shall provide the minimum waterway opening and shall be at the proper gradient. No rain and storm water run-off or such drainage as roof water, street pavement, and surface water used by natural precipitation or ground water from footing or foundation drains or other subsurface water drainage shall at any time be discharged into or permitted to flow into the sanitary sewer system, which shall be a separate sewer system from the storm water and surface water run-off sewer system. No sanitary sewage shall at any time be discharged or permitted to flow into the above-mentioned storm water, surface, and subsurface sewer system. Based on the proposed activities at the site, a storm water runoff permit shall be obtained from the Tennessee Department of Environment and Conservation, Division of Water Pollution Control, if necessary.
VII. REVIEW, APPROVAL AND CONSTRUCTION OF IMPROVEMENTS
A. Approval of Plans - The Declarant shall approve all plans and specifications for the construction of any Improvement on any Lot within the Property. Prior to the commencement of construction of any Improvement, the Owner or Occupant shall submit to the Declarant three (3) copies of plans and other materials relating to such Improvements as specified below:
1. A site plan, accurately drawn to scale by a registered, licensed architect, engineer, surveyor, or landscape architect. Such site plan shall show the proposed location of all Improvements, including but not limited to: structures to be erected on the Lot, all driveways, parking areas, service areas, walkways, decks, terraces, outbuildings, and storage areas.
2. A landscaping plan showing all areas to be left in their natural state. The proposed design shall include all landscaped areas and facilities, including types of vegetation, pavement and walkways, ornamental structures, and similar facilities.
3. A foundation plan, floor plan(s), and exterior elevations of all sides of all structures to be constructed on the Lot.
4. A lighting plan, including specifications and drawings of all fixtures, for all exterior lighting to be installed on the Lot.
5. A signage plan, showing the size, location, and design of all proposed signs to be installed on the Lot.
6. If requested by the Declarant, written specifications for any improvement including samples indicating the nature, color, and type of any exterior materials to be used in the construction of any Improvement on the Lot shall be submitted for approval.
7. Any other plans, specifications, information, or documentation as may be required by the Declarant to complete its review.
The Declarant shall determine whether the plans and specifications and other information submitted by an Owner or Occupant for approval are acceptable. One copy of all plans, specifications and related data submitted shall be retained in the records of the Declarant. One copy shall be returned to the Owner or Occupant marked "Approved," "Approved as Notes," or "Disapproved" as appropriate.
The Declarant shall have the right to disapprove any plans and specifications if the Improvements are inconsistent with the objectives and purposes of this Declaration. Any failure to comply with the provisions of this Declaration or of the Design Standards, or any failure to provide requested information shall also be grounds for disapproving the plans and specifications for any proposed Improvements on a Lot.
The Declarant shall have the right to approve submitted plans and specifications with conditions or stipulations with which the Owner or Occupant shall be obligated to comply and which must be incorporated into all plans and specifications for such improvements. Approval of plans and specifications by the Declarant in any particular case shall not obligate the Declarant to approve, similar plans and specifications for any other Lot within the Park.
Any revisions, modifications, or changes in any plans or specifications previously approved by the Declarant must in turn be approved by the Declarant in the same manner specified above.
In the event that the Declarant fails to approve in writing any proposed plans and specifications within thirty (30) days after such plans and specifications have been deemed complete and accepted for review by the Declarant, then such plans and specifications so submitted shall be deemed to have been approved.
If construction of the Improvements, has not been started within one (1) year of approval of the plans and specifications, then no construction may be commenced and the Owner shall be required to resubmit all plans and specifications to the Declarant for the review and approval in the same manner as specified above.
B. Site Preparation and Landscaping - Until the landscaping plans have been submitted to and approved by the Declarant, no tree cutting, clearing of vegetation, grading, excavation, or filling of any nature shall be implemented or installed by any Owner or Occupant on any Lot.
C. Construction Without Approval - If any Improvements are initiated, installed, maintained, altered, replaced, or relocated on any Lot without Declarant approval of the plans and specifications for the same; or, the Declarant determines that any approved plans and specifications for any Improvements or landscaping are not being complied with; then, in either event, the Owner of such Lot shall be deemed to have violated this Declaration, and the Declarant shall have the right to exercise any of the remedies set forth in this Declaration.
D. Variances - The Declarant shall have the right to grant variances from the provisions of the Design Standards with respect to any Lot. A request for a variance shall be submitted in writing to the Declarant. Upon approval by the Declarant, a written variance executed on behalf of the Declarant.
E. Inspection - The Declarant, or any officer, employee, agent, or representative thereof, may at any reasonable time, and from time to time, enter upon and inspect any Lot or any Improvements being constructed to determine whether the approved plans and specifications are being complied with. Any such entry shall not be deemed a trespass or any other wrongful act by the Declarant or the officer, employee, agent, or representative thereof.
VIII. MAINTENANCE RESPONSIBILITIES AND ASSESSMENTS
Responsibilities of the Declarant - The Declarant shall maintain and keep in good condition and repair all Common Areas and the Improvements thereon.
Responsibilities of the Owner - It shall be the responsibility of the Owner of each unimproved Lot to keep and maintain at all times such Lot in a neat, clean, safe, and attractive condition. Grass, hedges, shrubs, vines and similar vegetation shall be cut and trimmed at regular intervals. Trees, shrubs, and vines that die shall be promptly removed. Trash, garbage, debris, or similar materials shall not be allowed to accumulate but shall be promptly removed and properly disposed of.
It shall be the responsibility of the Owner of each improved Lot to maintain at all times all Improvements on or within such Lot in a neat, clean, safe, and attractive condition. Each Owner shall provide for the timely removal of all trash, garbage, rubbish, debris, and similar material from such Lot.
During construction or installation of any Improvements on any Lot, it shall be the responsibility of each Owner to ensure that such Lot is kept free of unsightly accumulations of rubbish, trash, scrap materials, construction materials, and supplies. Construction trailers and other facilities are to be maintained in a neat and safe manner.
Purpose and Computation of Assessments
The Declarant may levy Assessments to be used by the Declarant exclusively for the purpose of promoting the health, safety, security, and welfare of the Owners and Occupants; for the maintenance, improvement, and operation of the Common Areas; and for any specific capital outlays for improvements and repairs to the Common Areas. Each Owner of a Lot, by acceptance of a deed or other instrument conveying any interest therein regardless of whether the deed or instrument contains a reference to this Declaration, is hereby deemed to covenant and agree to pay to the Declarant any Assessments.
The Board shall estimate for each fiscal year each Owner's pro rata share of expenses involved in the listed activities. The Owner shall pay their share of those expenses based on the fraction of saleable acreage in the Park which they own, whether usable or not. The matters concerning Park maintenance and Common Areas will be decided by the Board, or its successors, alone until seventy-five percent (75%) of the park's total acreage is sold. At this time, an owner's association will be formed which shall consist of Owners of Lots within the Park. After formation of the association, the Board, or its successors, reserves the right to present the maintenance and administration of Common Areas to the association for full control and responsibility.
Notice of Assessment - Notice of each Assessment shall be given by sending a written notice by postage prepaid certified mail addressed to the last known or usual post office address of the Owner of each Lot, or by posting the notice upon the Lot itself.
IX. GENERAL PROVISIONS
Resolution of Complaints as to Violations of this Declaration - Each Owner and Occupant shall be entitled to file complaints with the Declarant alleging one or more violations of this Declaration. The Declarant shall investigate any complaints. If the Declarant determines that the alleged violation has merit, then the violator shall be promptly notified in writing of the complaint. The violator shall have five (5) business days within which to begin, in good faith, to cure the violation or within which to file an appeal to the Declarant. If an appeal is filed, the Declarant shall hear the appeal and act thereon within not more than seven (7) days. If, in ruling on the appeal, the Declarant agrees that there is a violation, the Declarant may cause the violation to be cured, at the expense of the Owner or Occupant in violation, if the violator has not cured such violation within a reasonable time as determined by the Declarant.
Conflicts - Zoning restrictions and regulations, applicable building and inspection codes and regulations, and all other applicable governmental restrictions and requirements shall be observed. In the event of any conflict between this Declaration and any such governmental codes, regulations, restrictions, or requirements, the provisions which are more restrictive shall apply.
Interpretation - The Declarant shall have the sole right to construe and interpret the provisions of this Declaration and, in the absence of an adjudication by a court of competent jurisdiction to the contrary, the Declarant's interpretation shall be final and binding upon all Owners and/or Occupants and the Property benefitted or bound by the provisions hereof.
Amendment - The Declarant may at any time amend this Declaration by a written instrument.
Enforcement - In the event that any Owner or Occupant or their respective officers, agents, employees, agents, contractors, or invitees violate any of the provisions of this Declaration, the Declarant shall have the power to take the following actions as appropriate:
1. Impose reasonable monetary fines which shall constitute an equitable charge and a continuing lien upon the Lot. The fines shall be a personal obligation of the Owner and/or Occupant which is guilty of such violation.
2. Suspend an Owner and/or Occupant's rights to use any of the facilities in the Common Areas.
3. Enjoin any further construction on any Lot and require the removal or correction of any work in place which does not comply with the approved plans and specifications for such Improvements.
4. Enter upon any Lot and take all action necessary to determine the extent of and/or to extinguish any violations or breach.
5. Initiate legal proceedings against any person or persons violating or attempting to violate any provision of the Declaration so that such violation(s) can be restrained and/or damages recovered by the Declarant.
All costs and expenses incurred by the Declarant in enforcing any of the provisions of this Declaration, including without limitation attorneys' fees, court costs and expenses of witnesses, engineers, architects, designers, land planners, and any other persons involved in the correction of nonconforming work and the completion of uncompleted work shall constitute an assessment against the Owner or Occupant. If the assessment is not paid when due, a lien can be placed upon the Lot.
Binding Effect - The terms and provisions of this Declaration shall be binding upon each Owner, Occupant, and Mortgagee and the respective officers, employees, and agents.
Waiver - No provisions contained in this Declaration shall be deemed to have been waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur.
X. HOLD HARMLESS AGREEMENT
Each Owner agrees that it shall be held liable for all damages and injuries to any persons or property resulting from the use or misuse of the Common Areas by its employees, agents, or representatives. In the event of any failure to use the Common Areas in a safe and reasonable manner due to the acts or omissions of the Owner or the Owner's employees, agents, or representatives, the Owner shall indemnify and hold harmless Roane County, its elected officials and employees, the Board, its board of directors, and employees.
Executed this ____ day of _______________, 2002.
INDUSTRIAL BOARD OF THE COUNTY OF ROANE, TENNESSEE
By: ________________________________
Steve Kirkham, Chairman
STATE OF TENNESSEE
COUNTY OF ROANE
Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Steve Kirkham, with whom I am personally acquainted (or proved on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the Chairman of The Industrial Board of the County of Roane, Tennessee, the within named bargainor, and that he as such Chairman, being autho¬rized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the Board by him¬self as Chairman.
WITNESS my hand and seal at office this _____ day of ______________, 2002.
___________________________________
Notary Public
My commission expires:______________
This instrument prepared by:
Jack H. McPherson, Jr.
Attorney at Law
204 E. Loveliss Street
Kingston, TN 37763
Jack H. McPherson, Jr.
Attorney at Law
204 E. Loveliss Street
Kingston, TN 37763
FIRST AMENDMENT
to
REVISED
RESTRICTIVE COVENANTS
&
DESIGN STANDARDS
for
THE ROANE REGIONAL BUSINESS AND TECHNOLOGY PARK
WHEREAS, the Industrial Development Board of the County of Roane, Tennessee ("Board") has heretofore caused Restrictive Covenants and Design Standards ("Standards") to be placed upon The Roane Regional Business and Technology Park ("Park"), a copy of which is recorded in Deed Book E-22, Page 784, in the Register's Office for Roane County, Tennessee ("Register's Office");
WHEREAS, the Board executed a revision to said Standards dated as of November 7, 2002 ("Revision") and recorded November 7, 2002 in Book 1031, page 275 of the Register's Office; and,
WHEREAS, the Board is desirous of amending said Revisions and Standards (collectively the "Covenants") in order to attract ancillary businesses and services that will serve the community and remainder of the Park solely as said Standards and Revisions apply to certain real property lying in a portion of the Park and being more particularly described on Exhibit A attached hereto and incorporated herein by reference ("Support Tract").
NOW, THEREFORE, the Board does hereby adopt the following amendment to the Covenants.
I. The foregoing recitals are true and correct and incorporated herein by reference.
II. Section III of the Covenants entitled "Permitted Land Uses" shall be amended by adding the following sentences at the end of section III:
"In addition to the foregoing uses, the Support Property may be used for commercial, retail, lodging, hospitality, gas station, convenience store(s), restaurant, light industrial, office, daycare, and storage, and uses related to or ancillary to the foregoing ("Commercial Use"). Provided; however, the Support Property may not be used, without the prior written approval of the Board, for: alcohol sales for on-premises consumption other than a full service sit down restaurant whose primary activity and sales are the sale of food and non-alcoholic beverages for on-premises consumption, a disco, bowling alley, pool hall, billiard parlor, skating rink, roller rink, amusement arcade, theater (legitimate or motion picture), adult book store, adult theater, adult amusement facility, any facility selling or displaying pornographic materials, massage parlor or spa, off track betting establishment, bingo hall, fireworks sales or any facility that sells paraphernalia for use with illicit drugs."
III. The last sentence of the subsection of Section IV.-Property Subject to Declaration with the heading of "General" is deleted and the following shall be inserted in its stead:
"If the Owner of a Lot(s) desires to sell the Lot, the Declarant shall have the right of first refusal before the Lot is offered for resale except the foregoing provision shall NOT apply to any Lots or Property that are part of the Support Property."
IV. Section V.-Design Standards shall be amended by inserting the following paragraph as a new paragraph J at the end of section V:
"J. National & Regional Operators -Any National or Regional operator, franchisee, licensee, user, tenant, owner, or business, as defined below ("Operators") that lawfully operates a restaurant, a retail business or a hotel on the Support Property shall not be required to apply to the Board for a variance of the provisions of Subsection B Building and Design Materials of this Section V. so long as such Operator shall construct and operate their business on the Support Property in a similar manner as their other units and locations.
A National Operator is defined as a company or concept that operates in five (5) or more states and has a minimum of fifty (50) units or locations. A Regional Operator is defined as a company or concept that operates in two (2) or more states and has a minimum of twenty (20) units or locations."
V. Section VII of the Covenants entitled "Review, Approval & Construction of Improvements" shall be amended by inserting the following paragraph as a new paragraph at the end of section A (7), of section VII:
"Provided; however, that Operators (as defined in section V, paragraph J above) that lawfully operate on the Support Property in a manner that is consistent with the Covenants, with the Roane County, Tennessee zoning ordinances, and in a similar manner as their other units and locations shall be required, in lieu of complying with the provisions of this Section VII A, to submit, for initial approval by the Board, only the uniform and standard plans which are used at their other units and locations.
VI. Except as expressly modified herein, all other terms, conditions and provisions of the Covenants shall remain in full force and effect.
IN WITNESS WHEREOF, The Industrial Development Board of the County of Roane, Tennessee acting by and through its duly authorized representative has caused the execution this Amendment as of the ____ day of October, 2006.
INDUSTRIAL DEVELOPMENT BOARD OF THE COUNTY
OF ROANE, TENNESSEE
By: ________________________________
Steve Kirkham, Chairman
STATE OF TENNESSEE
COUNTY OF ROANE
Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Steve Kirkham, with whom I am personal¬ly acquainted (or proved on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the Chairman of The Industrial Development Board of the County of Roane, Tennessee, the within named bargainor, and that he as such Chairman, being autho¬rized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the Board by him¬self as Chairman.
WITNESS my hand and seal at office this _____ day of October, 2006.
_________________________
Notary Public
My commission expires:_____________
