DECLARATION OF COVENANTS, RESTRICTIONS AND
EASEMENTS FOR CEDARTOWN INDUSTRIAL PARK
This Declaration of Covenants, Restrictions and Easements, is made and published this _____ day of ______, 1997, by the CEDARTOWN DEVELOPMENT AUTHORITY, (hereinafter called "Authority").
WHEREAS, the Authority is the owner of all that tract or parcel of land lying and being in Polk County, Georgia, and being more particularly described in Exhibit "A" and in a plat recorded in Plat Book _____, Page _____, of the Deed Records of Polk County, Georgia, (hereinafter referred to as the "Property"); and
WHEREAS, the Property has been, or will soon be subdivided for use as an industrial park (hereinafter called the "Park"), and for purposes of these Declarations a lot shall be defined as any tract of the property conveyed by the Authority. In instances in which one person or entity owns contiguous lots, said contiguous lots shall be considered as constituting a single lot; and
WHEREAS, the Authority desires to declare and publish protective covenants regulating and limiting the use of the Property for the mutual benefit and advantage of the Authority and its successors in title to the Property, and to impose upon all of such successors and assigns their duties and obligations to abide by the Covenants, Restrictions, and Easements contained herein;
NOW THEREFORE, in consideration of the premises the Authority does hereby make, declare and publish the following protective covenants, restrictions, and easements, all of which shall be covenants running with the title of the Property:
A.SETBACK AND SIDE YARD:
1.No structure shall ever be erected on any lot which shall be nearer than fifty (50) feet to the property line of the street fronting said building or structure, or nearer than forty (40) feet to the line of any other established access road, any cross streets, or nearer than forty (40) feet to the sideline of any lot. The area within the front yard set-back and within said yards adjacent to a street shall be used only for driveways, automobile parking spaces, motor freight vehicle parking, and landscaping; provided, however, that no off-street parking facilities shall be located closer than ten (10) feet to a street right-of-way line.
B. PURCHASING AND IMPROVEMENT REQUIREMENTS:
1. (a) Any proposed purchase, development, construction, use, sale, transfer, assignment or any other conveyance or improvement of any lot (or a portion of any lot) by the owner, lessee, licensee, or occupant of the lot shall require the prior approval of the Cedartown Development Authority before such purchase, construction, use, sale, transfer, assignment, conveyance, or improvement. In connection with any subsequent transfer, sale, or assignment, any transferee who acquires any interest in any property is subject to the same requirements of furnishing information concerning the nature, type and general description of the business to be conducted within the Park. Further, any such transfer or conveyance shall be subject to all terms, conditions, and provisions of these Restrictive Covenants, especially concerning the use to be made by any purchaser of the property.
(b) Any prospective purchaser shall also furnish a general description of the nature and type of business to be conducted on the property, the capital investment involved, and the total number of jobs anticipated to be created by purchaser's use of the property either before commencing any improvements upon the property or prior to any contemplated sale, transfer or assignment from a present owner of any property within the Industrial Park. Said owner, lessee, licensee, occupant or transferee shall submit full and complete plans and specifications for the exterior elevations, materials, colors, and artist's renderings or similar drawings of the contemplated exterior structure of any proposed building or improvement to the Cedartown Development Authority. The plans, specifications and other written information to be furnished shall include, but is not necessarily limited to, the site plan, landscaping plan, and colored building elevation sketch, in such detail as to show all visible mechanical equipment or propose screening.
(c) The Authority shall either accept or reject said proposal within thirty (30) days after submission of said plans. Failure to act by the Authority within said thirty (30) day period shall constitute approval of said plans, and said owner, lessee, licensee, or occupant may proceed to erect said building or structure or otherwise use the lot in accordance with the plans and specifications originally submitted. Any building or structure must meet all applicable zoning and building code regulations. Changes in approved plans affecting building size, placement, or external appearance must also be submitted to and approved by the Authority in writing, subject to the same thirty (30) day approval period.
2.Every lot on which a building is constructed shall be landscaped by the owner, lessee, licensee, or occupant in accordance with plans and specifications submitted to and approved by the Development Authority. Prior to beginning landscaping or construction of any building, the owner, lessee, occupant, or licensee shall submit landscaping plans to the Authority, and the Authority shall have thirty (30) days to accept or reject said plans. Changes in approved landscaping plans or specifications must also be submitted to and approved by the Authority in writing within thirty (30) days of their submission. Failure to act by the Authority within said thirty (30) day period shall constitute approval of said plans and said owner, lessee, occupant or licensee may proceed to landscape the property in accordance with the original plans and specifications submitted.
3.No loading dock shall be constructed facing any public street or highway unless it is set back at least eighty (80) feet from the nearest street right-of-way line. In all cases where street side loading is provided, plans and specifications will be subject to approval by the Authority to assure that the loading area is suitably screened by architectural and landscaping treatment suited to the topography and positioning of buildings on the site with reference to view from public streets. The method of obtaining approval of the Authority shall be identical to the method set out hereinabove for use, construction, development, improvement, and landscaping.
4.All buildings shall be limited to forty (40) feet in height.
5.If the Authority does not approve any plans or specifications submitted by an applicant under this section, it shall provide the applicant, in writing, detailed reasons for such disapproval, as well as specific directions or instructions for compliance, with such notice to be provided within fifteen (15) days of the Authority's decision. Applicants shall have the right to appeal the Authority's decision to the Cedartown City Commission within fifteen (15) days of their receipt thereof. If no appeal is taken to the Commission, the project shall be deemed abandoned by the Authority and shall receive no further consideration until new plans or specifications have been submitted.
C. PARKING AND MANEUVERING:
1.Parking shall not be permitted on streets or highways within the Property.
2.Each new use permitted within the Property shall provide for off-street parking facilities in accordance with the following standard:
One off-street parking space shall be provided for each two employees on combined employment of the largest successive shifts, plus one off-street parking space for each vehicle used directly in the conduct of the enterprise, and one additional off-street storage space sufficient to park one motor freight vehicle for each four loading docks. It is the intent of this restriction that each owner will provide adequate parking for the needs of his employees and visitors. Overflow is not permitted within street right-of-ways or highways.
3.Ample parking spaces shall be provided and located so as to make maneuvering in the street unnecessary.
4.All parking areas and driveways shall be paved with concrete, asphalt, their equivalent or better and shall meet all applicable construction standards of the City of Cedartown. All parking areas and driveways shall be kept in good condition, reasonably maintained and completed before a certificate of occupancy is granted for the project.
D.OUTSIDE STORAGE:
1.No outside storage area shall be permitted within twenty-five (25) feet of any property line, or in front of any building, or in case of corner lots, within 20 feet of either street.
2.Where storage areas are not entirely screened visually from adjacent streets or highways by an intervening building or structure, there shall be provided a continuous visual buffer with a minimal height of six (6) feet. No such buffer shall extend nearer to a street right-of-way line than the established set-back line. The buffer shall be compact evergreen hedge or other type of foliage screening, or shall be combined fence and shrubbery screen.
3.All outside storage areas shall be securely enclosed with a chain link fence at least six (6) feet high, its equivalent or better.
4. Plans for the construction and/or placement of any outside storage tanks for fuel, chemicals, petroleum products, or any similar materials storage shall be submitted prior to the construction and/or placement of any said tanks, showing what screening, safety precautions and related matters have been accomplished for the proposed use of the tank facilities. Any tanks outside any building shall be adjacent to the structure, and not located separately in another part of the area of the project.
E.NUISANCE ABATEMENT:
1.No owner, lessee, licensee, or occupant shall create a nuisance. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot and no odors shall be permitted to emanate so as to render any lot or portion thereof unsanitary, unsightly, offensive, or detrimental to any Property in the vicinity or to any owner, lessee, licensee, or occupant thereof. No portion of any lot shall be used in such a manner as to create a nuisance to others, such as, but, not limited to, vibration, sound electro-mechanical disturbance and radiation, electromagnetic disturbance, radiation, air or water pollution, dust or emission of malodorous, toxic, and non-toxic matters.
F.INDUSTRIAL WASTES, CERCLA WASTES, ETC.:
1.Any person, firm or corporation desiring to purchase any property within the Cedartown Industrial Park shall specify to the Authority all general details and plans to be accomplished in all manufacturing, industrial, or commercial processes within the industrial park by the purchaser. In the event any Federal or State environmental permits for air emission, water or soil emissions, hazardous waste on-site disposal, or any and all other Federal and State requirements are necessary in connection with the construction and operation of any industrial facility within the park, disclosure of such requirements, permits, waste streams, industrial discharges, or other potential environmental hazards or requirements shall be made to the Authority. The Authority reserves the right, based upon this disclosure, to evaluate with Federal and State authorities the ability of the Authority and the City of Cedartown to properly manage and control any such waste processes. Should the Authority determine, in its sole and absolute discretion, that the industrial processes may not be properly accomplished within the park, the proposed use and sale of the property shall be denied by the Authority.
2.All potential air pollutants, water-borne industrial wastes, on-site disposal, or any and all other industrial wastes which either could not be properly treated by existing public sanitary sewage treatments facilities or otherwise similarly emitted shall be the sole responsibility of the industry to treat and or properly accomplish required Federal and State permits for discharge or disposal. Further, any person, firm, or corporation purchasing property within the park shall fully and completely comply with the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), its present amendments (SARA), and any and all other applicable Federal and State environmental laws. Any release and treatment of any "hazardous substance" shall be broadly construed and shall include such meanings as might be attributed thereto pursuant to section 101 of CERCLA, and any and all other laws which might apply to any potential air, sewer, water, or other on or off-site discharges including waste stream constituents of any off-site discharge. All persons, firms, and corporations shall fully and completely cooperate with the Federal and State authorities to comply with all applicable rules, provisions and statutes governing their operation and make full and complete disclosure to the Authority, and the City of Cedartown of all requirements necessary to accomplish full and complete compliance.
3.Nothing contained in these provisions (subparagraphs 1 and 2 of this part F) shall in any way be presumed to create, impose, or otherwise cause any form of liability to the Cedartown Development Authority, the City of Cedartown, or any of its respective officers, council members, public officials, employees, agents or assigns. Any person, firm, or corporation purchasing any property within the park shall be solely and completely liable for any injuries or damages to persons or property by virtue of failure to comply with any State or Federal environmental laws, by virtue of any negligent acts upon the property. This indemnification shall include all losses, liability, damages, or expenses, including reasonable attorney's fees, sustained by the aforementioned and indemnified parties. This indemnification concerns any incident, event, situation, or condition at or arising from any portion of the Property which may be sold by the Authority, any improvements made to said property, any material part thereof, or any substance (hazardous or otherwise) which might be regulated or released into the environment in any manner, without limitation.
G.SIGNS:
1.All signs located within the park shall be monument signs displaying the name, business, and logo of the person or firm occupying the premises and shall be lighted either in front or in back , not to exceed five (5) feet in height or ten (10) feet in width. Each grantee shall be limited to one sign facing each street adjoining its property.
2.No other signs, billboards, flashing lights or advertising shall be erected, placed or maintained on any of the property or on any improvements on said property except upon written approval by the Development Authority. All owners, lessees, licensees, or occupants shall submit full and complete plans and specifications for proposed signs to the Development Authority for approval. The method of approval shall be the same as in part B (purchasing and improvement requirements).
of the land in the park and in the vicinity of the park, nor shall any property in the park be used for any purposes that, as H. RIGHT OF FIRST REFUSAL TO REPURCHASE BY THE AUTHORITY;
SALES OR TRANSFER OF INDUSTRIAL PROPERTIES:
1.In the event any purchaser of any lot within the industrial park should not erect or construct any works or improvements within 24 months of the date when final approval of such construction has been made by the Authority pursuant to these covenants, then such purchaser agrees to grant unto the Authority a right of first refusal to repurchase the property. This right shall be for a period of sixty (60) days, to repurchase at the original purchase price, plus interest at the average prime rate quoted by the Wall Street Journal for the prime commercial rate for the 24 months period between the actual recording of a purchaser's deed and a total failure to commence good faith construction of any improvements upon the lot within 24 months from said date. The Authority may determine to repurchase the property at original cost plus this average accumulated interest, for total failure of any purchaser to construct any works or improvements as committed by said purchaser within the industrial park.
2.After the 24 month period and up to and including a period of sixty (60) months (an additional 36 month period), in the event any purchaser should construct works of improvement upon the property, but later abandon them, leaving any building empty, the Authority may aid in any effort to market the property in the event of any such occurrence. Further, the Authority shall have the right and first option, prior to any marketing efforts upon abandonment of any industrial facility within said sixty (60) month period, to purchase the property with all improvements located thereon at a price to be agreed upon between the parties. Upon their failure to agree upon a price, the price shall be as established pursuant to subparagraph 3 of this part H.
3.In the event of the exercise of any right of first refusal pursuant to subparagraph 2, written notice thereof shall be given to any purchaser by the Authority. If the parties are unable to agree upon a purchase price for the property and all works or improvements thereon, the following method of binding arbitration to establish the purchase price is hereby made a part of these restrictive covenants. First, the Authority shall hire an appraiser with at least a designation of senior real estate appraiser (SRA) to accomplish an independent appraisal of the property. Likewise, any party owning any lot subject to this provision shall choose an appraiser with at least this designation. Each of these appraisers shall accomplish a separate and independent appraisal of the property. These two appraisers shall choose a third appraiser, who shall have no knowledge of the other independent appraisers' conclusions or market evaluations, to conduct a separate appraisal of the property. The cost of this third appraisal shall be borne equally by the parties. The parties agree that the purchase price shall be an average of these three appraisals. Upon the failure of the Authority to purchase the property within sixty (60) days after the appraisals are averaged, this option shall end.