PROTECTIVE COVENANTS OF DENISON OFFICE PARK ADDITION IN DENISON, IOWA
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the undersigned is the record owner of the Lots in the Denison Office Park Addition also known as Valley View Business Park, a subdivision in Crawford County, Iowa, as surveyed, platted and recorded; and
WHEREAS, the undersigned intends to develop said real estate as a regulated professional commercial office park.
NOW, THEREFORE, the following restrictions and Protective Covenants are hereby placed on said real estate to-wit:
I. SITE USE LIMITATIONS: Each site shall be used only for general administration, café, business and professional offices and studios, radio or television broadcasting station, research and related services. All uses shall observe the City of Denison Municipal Code or State Regulations regarding odor, fumes, dust, smoke, noise, hazards by reason of danger of fire or exposure and other potential nuisances. All other applicable Municipal or State Codes or Regulations must be adhered to.
II. BUILDING SETBACK:
Front: There shall be a minimum front yard setback of thirty (30) feet from any street right-of-way line. This front setback area shall be planted with an urban grass seed mixture in conformance with standards of the Crawford County Development Corporation’s Executive Committee. Those parcels with double frontage shall be required to observe established front-rear setbacks on both sides.
Side and Rear: There shall be a minimum side and rear yard setback of twenty (20) feet from the respective lot line unless a greater distance is required for utility easements. These setback areas shall be planted with an urban grass seed mixture in conformance with the standards of the Executive Committee.
Landscaped Areas: The front yard setback area and the entire side yard setback shall be planted with an urban grass seed mixture and thereafter maintained by the land owner both in conformance with standards established by the Executive Committee. Those individual sites having frontages on more than one street shall be required to observe established front yard landscaping requirements on each street frontage.
Parking Facilities: All vehicular parking whether customer, visitor, or employee shall be off-street. There shall be maintained on each site, facilities for parking, loading, and unloading sufficient to serve the business conducted thereon without using adjacent streets; and no use shall be made of any site which shall attract parking in excess of the parking spaces than available. Parking will be allowed between the building and the required side and rear setback line. All parking areas shall be hard surfaces with either portland cement, asphaltic concrete, or bituminous surfacing, and surrounded by a raised concrete curb. All parking areas to conform to city code minimum requirements.
III. LOADING AREAS: All loading and unloading operations and vehicle maneuvering shall be on the site. In no case, shall loading and unloading be permitted in a location which will interfere with proper ingress or egress.
IV. STORAGE AREAS: Storage of material, supplies, products, equipment, or other personal property will not be permitted outside the confines of the walled building unless screened by fences, walls, or plantings and approved by the Executive Committee as to character and location. All outside storage will be restricted to locations within the buildable area.
V. SITE COVERAGE: In Lots or Parcels not more than fifty (50) percent of each site shall be occupied by buildings. The combined surface are of buildings and pavement shall not exceed eighty (80) percent of the total site area.
VI. MAINTENANCE AND LANDSCAPING: Each landowner will be responsible for maintenance of his property up to the edge of the pavement on the abutting street or streets, including all lawn and landscaped area, walks, driveways, and building exterior. That portion of each site which is not improved through the construction of buildings, parking facilities, loading facilities, and lawn area shall be seeded to a cover planting which shall be attractively maintained. In no event and at no time shall any part of the land area be planted to cultivated row crops.
All tree plantings shall be of midwest native varieties excluding fruit, nut, berries, cottonwood, weeping willow and green ash trees. All bushes and evergreens shall be low profile and well maintained. No planting will occur between street curb and sidewalk except urban grass seed mixture.
Urban grass seed mixture shall be a minimum of 30% Perennial Rye and 70% Kentucky Blue Grass or 40% Perennial Rye and 60% Kentucky Blue Grass.
In the event a landowner does not so maintain his tract, after reasonable notice the Crawford County Development Corporation shall have the right, but not the obligation, to enter upon the site and make all expenditures necessary to maintain the same and it may charge the non-complying landowner for all reasonable costs incurred in enforcing compliance with this provision.
All other open areas not used must be landscaped, graded and properly drained.
VII. SIGNS: The only signs permitted on any site sold in the Commercial Park shall be signs designating the business enterprise on that site. All signs shall be affixed to the facade of the main structure on the site, the total surface area of which shall not exceed 150 square feet. No sign affixed to the facade shall project more than allowable by City Code or extend above the dominant roof line of the main structure. A sign in the design and location approved by CCDC, uniform for the entire business park shall be erected by the owner on the city street property. No additional free-standing pedestal-mounted sign shall be erected.
One temporary sign may be erected on a site to offer the property for sale or lease, the size of which shall not exceed forty (40) square feet in area.
Flashing, rotating, animated or intermittent illuminated type signs shall be prohibited.
Approval shall be required of the design and number of all temporary and permanent signs by the Executive Committee in conformance with City Code and these Covenants. Also, approval shall be required prior to their erection on any site.
VIII. CONSTRUCTION STANDARDS: All buildings erected shall be in harmony with existing structures with acceptable appearance on all four sides. Buildings shall not be constructed of unfinished galvanized steel or sheet aluminum of exterior walls. All appurtenant equipment, including roof mounted units, shall be screened from view from any public street. All facades fronting the street shall have no less than 25% masonry.
IX. APPROVAL OF PLANS: Before commencing the construction or alteration of any building, enclosure, fence, wall loading dock, parking facility, storage yard, or any other structure or permanent improvement or to any site, the landowner shall first submit site plans and specifications therefor to the Executive Committee for written approval. In the even that the Crawford County Development Corporation shall fail to approve or disapprove such building plans, specifications or site plans withing thirty (30) days after they have been submitted to it, such approval will not be required and this covenant will be deemed to have been complied with.
X. COMPLIANCE WITH GOVERNMENT REGULATIONS AND MAINTENANCE: The owner of any site shall at all times keep the premises, buildings, improvements and appurtenances in a safe, clean, wholesome condition and shall comply in all respects with all government, health, fire and police requirements and regulations, and such owner will remove at his own expense any rubbish or debris of any character whatsoever which may accumulate on said site, and in the even said owner fails to comply with any or all of the aforesaid specifications and requirements, or if he fails to establish or maintain the required lawn area, then, and only then, the Crawford County Development Corporation, its successors and assigns, shall have the right, privilege, and license, but not the obligation, to enter upon the premises and make any and all corrections or improvements that may be necessary to meet such standards, all at the sole cost and expense of said owner.
XI: SUBDIVISION: Once a site has been purchased from the Crawford County Development Corporation, its successors or assigns, such site shall be considered a single unit and it shall not be subdivided or a portion of the land sold, leased, or rented unless written approval thereto is given by the Executive Committee.
XII. REPURCHASE: If at the expiration of (3) years from the date of delivery of deed from the Crawford County Development Corporation conveying any property lying within the Commercial park, any grantee, or assign, shall not have reasonably complete in good faith the construction of a permanent building upon said site, the Crawford County Development Corporation shall have the option to repurchase the property for the original purchase price and enter into possession thereof. This option to repurchase must be exercised within one (1) year after the expiration of the three-year period following the delivery of the deed referred to above. Closing of the repurchase shall take place within sixty (60) days after the exercise of the option to repurchase and shall be at the office of the Crawford County Development Corporation or such other place in Denison, Iowa, as the Corporation or its successor shall designate. Provided, however, anything in this Article to the contrary not withstanding, the Crawford County Development Corporation, its successors and assigns, may extend in writing the time in which such construction maybe begun and such repurchase right exercised. In the even of a repurchase, the Grantor shall convey the property by Warranty Deed subject only to those encumbrances specified in the original conveyance from the Crawford County Development Corporation. Taxes for the year in which the reconveyance occurs shall be prorated to the date of reconveyance.
Crawford County Development Corporation may reduce from the purchase price paid any amounts necessary to satisfy any incumbrances that may have occurred since title to the land was passed by Crawford County Development Corporation.
XIII. EXCEPTIONS OR MODIFICATIONS: The Executive Committee shall be authorized to make such exceptions to, or modifications of, these Protective Covenants as unusual circumstances or special situations may warrant; provided, however, that such exceptions or modifications shall not invalidate these Covenants in principle or general objective.
XIV. DURATION: These Covenants run with the land and shall be binding upon all present and future owners. If the parties hereto, or any of them, or their heirs, representatives, successors or assigns shall violate any of these Protective Covenants, it shall be lawful for any person or persons owning any real property covered by these Covenants, to prosecute any proceedings at law or in equity against persons so violating or attempting such violation either to prevent him or them from so doing or to recover damages and other dues for such violation, or both.
XV. SEVERABILITY: If any paragraph or part thereof of the instrument shall be invalid, illegal or inoperative for any reason, the remaining parts so far as possible and reasonable shall be effective and fully operative.
XVI. All references to the Executive Committees in these Covenants shall consist of the President, 1st Vice-President, 2nd Vice-President, Secretary, Treasurer, and Past President of Crawford County Development Corporation.
These Covenants shall apply to all of the property constituting the Denison Office Park Addition also known as Valley View Business Park.