DECLARATION OF COVENANTS AND RESTRICTIONS
FOR 
ROOTSTOWN INDUSTRIAL PARK, LLC

ARTICLE I
DEFINITIONS

 The following words when used in these Covenants and Restrictions shall have the following meanings:
 

(a) “Park” shall mean and refer to the real property described in Schedule A.

(b) “Lot” shall mean a fractional part of the subject property as subdivided on subdivision or parcel maps recorded in the official records of Portage County, Ohio.

(c) “Owner” shall mean and refer to the record owner, whether one or more persons, partnerships, corporations or associations, of the fee simple title to any Lot situated within the Park.

(d) “Developer” shall mean and refer to Rootstown Industrial Park, LLC, a Limited Liability Company, and its successors and assigns.

(e) “Major Owner” shall mean and refer to any Owner in the Park occupying 15 acres or more.


ARTICLE II
PROHIBITED USES

The following operations and uses, together with all uses prohibited by law, shall not be permitted on the Property that is subject to this Agreement:
 

    1. Single-Family Residential.

    2. Trailer Courts.

    3. Labor Camps.

    4. Junk Yards.

    5. Distillation of bones.

    6. Dumping, onsite disposal, incineration or reduction of garbage, sewage, dead animals or refuse.

    7. Fat rendering.

    8. Stockyard or slaughter of animals.

    9. Refining of petroleum or of its products.

    10. Cemeteries or mausoleums.

    11. Jail, penal, detention or correction farms.

    12. Gasoline service station.

    13. Temporary or portable sawmills

    14. Community Fairs.

    15. Non-commercial clubs or lodges.

    16. Privately operated sanitary landfills

    17. Sewage or treatment plant excepting sewage lift station.

    18. Boarding and breeding kennels.

    19. Temporary religious meetings.

    20. Funeral homes.

    21. Sanitariums, convalescent, rest or retirement homes.

    22. Aircraft landing fields.

    23. Grain elevators.

    24. Utility substations.

    25. Restaurants.

No portion of the Property shall be used by the Grantee in such a manner as to create a nuisance to others.  For the purposes of these covenants a nuisance shall consist of any use of the Property in any manner which causes excessive vibration, excessive lighting, sound, electromagnetic disturbance, radiation, air or water pollution, dust or emission or odorous, toxic and non-toxic matters and similar disturbances to the extent that a hazard is created or there is a material detriment to the other property owners, lessees, licensees or occupants of any Lot or Tract.

If the developer uses the land in a way that alters the natural state of the property, other than active construction of a building, that usage shall be governed by these covenants.  All spec buildings by the developer shall be governed by these covenants.

ARTICLE III
LOT AREA, WIDTH AND COVERAGE AREA

Each lot in the Park shall have a minimum width of one hundred (100) feet and a minimum area of one (1) acre.  The coverage of any Lot within the Park with buildings or other structures may not exceed Forty Percent (40%) of the area of such lot.

ARTICLE IV
SETBACKS

Setback requirements shall be as follows:

(a) Minimum rear yard depth shall be 50 feet.

(b) Minimum side yard depth shall be 50 feet.

(c) Minimum front yard depth shall be 80 feet.

(d) Minimum parking setback shall be 10 feet.


ARTICLE V
LANDSCAPING AND NATURAL FEATURES

To maintain a park-like effect, the entire area of any lot shall be landscaped or lawned except for that portion occupied by buildings or other structures, paved walks, parking areas and driveways—wildflower fields shall be considered acceptable lawn.  Any existing trees over a 12” caliper shall be retained and protected.  If the Lot is wooded, the Owner is encouraged to leave the natural landscaping.  At least Ten Percent (10%) of the area of each lot shall be landscaped with trees and shrubs.  Incorporation of irrigation systems and landscaped parking islands is encouraged within the landscape design.

All landscaping to be provided on any Lot shall be completed within 120 days after substantial completion of construction of the buildings on the Lot, subject to time delays as a result of adverse weather conditions.  If the Owner fails to undertake and complete the landscaping within such time period, Developer may, at Developer’s option, after giving the Owner ten (10) days written notice, proceed thereafter and undertake to complete the landscaping of the Lot in accordance with the landscaping plan.  The cost of such landscaping shall be paid by the Owner of such Lot to Developer within thirty (30) days after the written notice of such cost is given to such Owner.

Natural water ways existing in the park shall be retained in all developments, as much as practical.  Subject to review by the Developer and Major Owner(s).

ARTICLE VI
OFF-SITE PARKING

The view of parking areas from the public streets shall be obscured by landscape screening, i.e., shrubs and trees or landscaped earthen berms.  The Developer may permit Chain link fences and other lot line enclosures, subject to review.  All driveways and parking areas in front of the buildings must be paved, dust proof paving.  Off-street parking will be located so that maneuvering within public right-of-ways will be unnecessary.  All parking shall be in striped parking stalls and will not be allowed in driveways, aisles and lading areas.  Parking areas larger than 20,000 square feet shall have landscaped islands.

ARTICLE VII
BUILDING EXTERIORS

The use of high quality materials and architectural design are essential to maintaining long-term real estate values.  Therefore, all of the buildings in the Park must be primarily constructed of split face masonry block, brick, or tilt-up concrete panels or precast walls (with architectural relief and character), architectural metal siding or other similar architecturally compatible materials of at least the same quality.  Exterior walls on all buildings shall be constructed of masonry to a minimum of eight (8) feet above first floor finished floor elevation.  The rear wall of each building in the Park, unless visible from the road or other buildings, may be constructed of other masonry material including painted block.  Painted block or brick are not acceptable except as fencing.  No unfinished metals or reflective materials other than glass shall be permitted.  Other finished accent materials may also be allowed subject to their aesthetic qualities, appearance and durability.  All construction materials and colors should be appropriate to the style of architecture and are subject to Developer approval.

ARTICLE VIII
LOADING FACILITIES AND EXTERIOR STORAGE AREAS

Truck loading and receiving and exterior storage areas shall be permitted in the rear and side yards of any buildings on any Lot only if sufficient visual screening is installed at Owner’s reasonable judgment.  All loading docks shall be placed so that trucks using such docks will not project beyond any setback line of the Lot when loading or unloading.  No abandoned, wrecked or dismantled vehicles shall be allowed to stand on any area of the property including the loading area.

No loading and receiving nor exterior storage or manufacturing areas shall be permitted in areas fronting on a Major Owner’s property.  All exterior storage shall be on the side or rear of the property and occur within all designated setbacks.  Exterior storage shall be visually screened from adjacent streets and neighboring properties.  All exterior storage must be enclosed by a fence or wall not higher than ten (10) feet.  All compactors, balers, and other yard equipment shall be screened from the view of other property owners.

ARTICLE IX
SIGNAGE

The purpose of signage standards is to establish a coordinated graphic program that provides for occupant identification in a distinctive and attractive manner.  Only identification, directional, vehicular control and temporary signs are permitted. 

All exterior signs must be approved by Developer prior to installation.  Signs shall be limited to those which:

(a) identify only the name, address and business of the occupant;
(b) are not of unusual size or shape in comparison to the building for which they are used;
(c) do not project above the roof line or over the front building line, nor extend   more than two (2) feet beyond the building wall when attached;
(d) are not neon flashing, rotation, portable, or animated;
(e) are landscaped appropriately;
(f) do not exceed sit (6) feet in height;
(g) are not larger than fifty (50) square feet in total area; and
(h) are not attached to trees or utility poles.


ARTICLE X
MECHANICAL EQUIPMENT

All external mechanical equipment must be placed on the building roof and set back a minimum of fifteen (15) feet from any exterior wall.  The mechanical equipment must not exceed fifteen (15) feet in height and must be adequately screened from view by the parapet walls or architectural screening.  Amy mechanical equipment at ground level shall be screened on all four sides with landscaping.  Water tower, storage tanks, satellite dishes, cooling towers, solar equipment, communication towers and antennas are considered mechanical equipment and are subject to these guidelines.

ARTICLE XI
UTILITIES

All utility lines shall be located underground.  Transformer or terminal equipment shall be visually screened from the streets and adjacent properties.  All utility meters, transmission and switching devices, or other apparatus located on any pole or attached to the outside on any building shall be appropriately screened with landscaping.

ARTICLE XII
MAINTENANCE

The Owner of each Lot shall maintain and require any tenant or other person in possession thereof to maintain the exterior of every building or other structure, the landscaping, and all walks, driveways, and parking areas, and other appurtenances, in good condition and repair, and free from the accumulation of rubbish, debris or other waste materials.  All trash containers shall be in an enclosed area free from vermin and offensive odors.

Prior to construction on a Lot, each Owner shall keep such Owner’s Lot free of rubbish, debris, refuse and any other unsightly condition.  During construction, the Owner shall at all times keep all streets and right-of-ways contiguous to the property free from any dirt, mud, garbage, trash, debris and construction vehicles and materials.  All construction work shall be diligently prosecuted such that the building shall not remain in a partly finished condition longer than reasonable necessary.

ARTICLE XIII
PLAN APPROVAL

In order to achieve an overall compatibility of development and ensure quality of architecture, engineering and site development; plans showing the architectural design (including color rendering), site layout and landscaping, improvements, walks, driveways, parking areas, utilities, fences and signs shall be submitted to and be approved by Developer prior to submission to the Township of Rootstown and commencement of any grading or other site improvements on any Lot, or any construction, creation, landscaping or alteration of any building or other structure (including fences or signs).  This right of approval shall be exercised in order to achieve such compatibility and ensure such quality.  Approval shall not be unreasonably withheld.  A copy of the plans as finally approved shall be lodged permanently with Developer.

ARTICLE XIV
MISCELLANEOUS

Section 14.1  Non-Waiver of Covenants.     No covenant, restriction, condition, obligation or provision contained herein shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

Section 14.2  Enforceability of Covenants.   The invalidity of any term, covenant, restriction, condition, limitation or any other provision hereof shall not impair or affect in any manner whatsoever the validity, enforceability or effect of the remaining terms, covenants, conditions, limitations, and provisions of this declaration.

Section 14.3  Relation to Zoning Code.     These Covenants and restrictions shall in no way affect the provisions now or hereafter contained in the Zoning Code of the Township of Rootstown, Ohio and the County of Portage, or other governmental regulations, but all land, buildings and other structures in the Park shall in all cases satisfy these Covenants and Restrictions as well as the provisions of such Zoning Code and other governmental regulations as from time to time are in effect.  In the event of conflicting restrictions or requirements, if the Covenants and Restrictions impose greater restrictions upon or requirements for the use of land, buildings or other structures than are otherwise imposed or required by the Zoning Code or any other governmental regulations, these Covenants and Restrictions shall control; and conversely the Zoning Code and any other governmental regulations shall control if they impose greater restrictions or requirements than these Covenants and Restrictions.

Section 14.4  Inspection.     Developer may from time to time at any reasonable hour, inspect the exterior of any property subject to these Covenants and Restrictions to ascertain compliance therewith.

Section 14.5  Acceptance of Deed.     Each owner of a Lot by the acceptance of a deed or other instrument of conveyance automatically thereby consents and approves of this Declaration and accepts the same subject to this Declaration.  All restrictions, conditions, covenants, rights and powers created, granted or reserved by the terms of this Declaration shall be deemed to be covenants running with the Park.  Each Owner shall be liable only while an Owner of a Lot.

Section 14.6  Amendments.  This declaration may be amended only as follows:

(a) This declaration may be amended for the purpose of adding real property to the Park and subjecting additional real property to the provisions of this Declaration by an instrument in writing signed by the Developer.

(b) This declaration may be amended or terminated for any reason by an instrument in writing signed by the Owners owning not less than one hundred percent (100%) of the area of the Lots.

(c) This declaration may be amended by Developer, at any time prior to the date in which all Lots are sold, in order to (i) comply with any requirements of any federal, state or legal governmental agency or instrumentality (as such regulations may be amended periodically), (ii) cure any ambiguity, inconsistency or formal defect or omission in this Declaration, or (iii) effect changes not materially adverse to the interests to the interests of any Owner directly affected thereby.

Any such amendment shall come effective from the filing with the Recorder of Portage County, Ohio of an instrument stating the amendment and signed by either Developer or by all approving Owners (as the case may be) with the formalities required by law for recording.

Section 14.7  Term.     This Declaration and the covenants, restrictions, and conditions set forth herein shall run with and bind the Park and all Owners for a term beginning with the date that this Declaration is recorded and expires twenty (20) years thereafter.  Thereafter, this Declaration shall be automatically extended for successive periods of five (5) years unless amended as provided herein.

Section 14.8  Record.     These covenants shall be filed with the Recorder of Portage County, Ohio.

In Witness Whereof, the undersigned has executed this Declaration on the date first hereinabove written.
 
 
Signed and acknowledged

In the presence of:
________________________

________________________

 Declarant

 Rootstown Industrial Park, LLC
________________________

________________________

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