HomeMy WebLinkAboutPR 21392: ADOPTING COVENANTS AND RESTRICTIONS FOR THE EDC HWY 73 BUSINESS PARK PR NO. 21392
05/13/2020 KVM
RESOLUTION NO.
RESOLUTION ADOPTING COVENANTS AND RESTRICTIONS
FOR THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION HWY 73 BUSINESS PARK
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") is authorized by Article 5190.06, Section 4A Texas Civil Statutes as amended; and
WHEREAS,under Section 5190 of the Texas Civil Statutes,PAEDC is authorized to take
all actions necessary to set forth restrictive covenants applicable to property owned by PAEDC in
order to maintain the property for business purposes; and
WHEREAS, the restrictive covenants described on the attached Exhibit "A" (the
"Restrictions") are applicable to the Highway 73 Business Park owned by PAEDC; and
WHEREAS, the Board of Directors has determined that it is in the best interests of
PAEDC and its taxpayers that PAEDC provide for the enforcement of the Restrictions in order to
protect and preserve taxable property values owned by PAEDC.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That a violation of the Restrictions following receipt of notice from PAEDC's
representative will constitute a violation of this Resolution, the terms of which constitute rules
relating to the enforcement of restrictive covenants ("Rules") adopted by the Board.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2020,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
APPROVED AS TO FORM:
OF
uy . Good i n, PAEDC Attorney
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
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EXHIBIT "A"
COVENANTS AND RESTRICTIONS FOR PAEDC HWY 73 BUSINESS PARK
This Covenants and Restrictions for PAEDC Hwy 73 Business Park is made this
day of May 2020, by The Port Arthur Economic Development Corporation (hereinafter
called PAEDC), a Texas non-profit corporation.
RECITALS:
The park developer, PAEDC , owns that certain real property situated in Port Arthur,
Jefferson County, Texas more particularly described on Exhibit A attached hereto and
incorporation herein by reference for all purposes and hereinafter referred to as "the
Property", and PAEDC desires that such property, be held, sold, transferred, conveyed
and occupied subject to the covenants and restrictions contained herein which are
created for the purpose of enhancing and protecting the value, quality, desirability and
attractiveness of such property. The Property thus developed shall be known as the
PAEDC Hwy 73 Business Park.
ARTICLE I:
DEFINITIONS
1.01 The following word when used herein shall have the following meanings: (a.)
"Covenants" - this Covenants and Restrictions for PAEDC Hwy 73 Business Park
Subdivision, as amended from time to time by the appropriate Board Authority to clarify
or to further the intent and purpose of this Covenants as deemed necessary or desirable
by PAEDC in PAEDC 's sole discretion. (b.) "Declarant" - PAEDC and its successors. (c.)
"Approving Agent" - PAEDC, its successors or designees. (d.) "Property" - the real
property described on attached Exhibit A. (e.) "Parcel" or "Parcels" - any tract or tracts
of land within the Property. (f.) "Owner" or "Owners" - the record owner or owners of the
fee simple title to a Parcel but not a mortgagee unless and until such mortgagee has
acquired title to the fee to a Parcel pursuant to foreclosure, deed in lieu of foreclosure
or other enforcement proceeding. (g.) "Occupant" or "Occupants" - any party or parties
legally entitled to occupy and use any portion of a Parcel or Improvement. (h.)
"Improvement" or Improvements" - all structures or other improvements to a Parcel of'
any kind not limited to, buildings, utility installations, storage, loading and parking
facilities, fences,walls, poles,walkways, driveways, landscaping, ponds, lakes, signs, site
lighting, site grading, drainage systems and earth movement and any exterior additions,
changes or alterations thereto. (i.) "Landscaping Plan" - a plan for landscaping a Parcel
prepared by a licensed professional Architect or landscape architect approved in writing
by PAEDC. (j.) "Landscaping Work" - the installation of all plantings and improvements
contained in a Landscaping Plan. (k.) "Landscaping Maintenance" - the repair,
maintenance and replacement of all Landscaping Work necessary from time to time to
maintain Landscaping Work in good condition. (I.) "Design Development Plan" - plans
and specifications which include: (1.) A site plan showing the location, dimensions and
orientation to Parcel boundary lines and the setback lines of all proposed Improvements,
means of ingress and egress and driveway and traffic patterns; (ii.) Elevation designs of
and description of the height and size of each building and structure; (iii.) A general
description of the exterior materials to be used for all Improvements; (iv.) The number,
type, and location of parking spaces; (v.)A general description of the type, number size
and location of all exterior signs; (vi.)A Grading and Drainage Plan; and(vii.)A schedule
showing all proposed uses by square footage and compliance with the parking
requirements contained in Section 4.07. (in.) "Exterior Plan" - drawings and details of all
exterior surfaces showing elevations and the color, quality, type and location of exterior
construction materials. (n.) "Lighting Plan" - plans and specifications showing the type,
style, size, candle power and location of all outdoor lighting fixtures. (o.) "Signage Plan"
- plans and specifications showing the type, style, size, color, graphics, construction
materials, manner of illumination and location of all exterior signs and signage. (p.)
"Grading and Drainage Plan" -plans and specifications showing in detail all grading and
drainage of a Parcel. (q.) "Plans" - the Landscaping Plan, the Design Development Plan,
the Exterior Plan, the Lighting Plan, the Signage Plan, the Grading and Drainage Plan and
all other plans, specifications and information requested by PALUC to enable PAEDC to
determine the location, scale, design, character, style and appearance of any proposed
Improvement or Improvements. (r.) "Net Square Feet" - the square feet contained within
the boundaries of the Property less all square feet contained within dedicated rights-of-
way for public streets and alleys. (s.) "Required Majority of the Owners" - those Owners
who own at the applicable time 80% of the Net Square Feet of the Property. (t.)
"Applicable Law" - all governmental laws, ordinances, codes, rules and regulations
applicable to the development, use or occupancy of any Parcel or Improvements. (u.)
"Governmental Authority" - any federal, state, county, municipal or other governmental
authority having jurisdiction over any aspect of the development, use or occupancy of
any Parcel or Improvements. (v.) "Building" - a structure built for the support, shelter,
and enclosure of persons, chattels or movable property of any kind. (w.) "Accessory
Building" - any building which has a use subordinate to and incidental to the primary
use of the main building(s) or to the primary use of the premises.
ARTICLE II:
GENERAL PROVISIONS
2.01 Establishment of Covenants and Restrictions. PAEDC does hereby declare that
the Property shall be held, sold, transferred, conveyed and occupied subject to the
covenants and restrictions contained herein,which shall be binding on all parties having
or acquiring any right, title or interest in or to any portion of the Property and which
shall inure to the benefit of each Owner.
2.02 Purpose of Covenants and Restrictions. The purpose of the covenants and
restrictions contained herein is to promote the industrial development of the community
by providing a facility compatible for industrial uses that will: (i.) Protect PAEDC and
each owner through the proper development and use of the Property; (ii.) Cause the
erection on the Property of Improvements, which is constructed, of suitable materials,
(iii.) Insure compatibility of design of Improvements within the Property; (iv.) Secure
and maintain sufficient setbacks and space between buildings to create an aesthetically
pleasing environment; (v.) Provide for proper landscaping and for the maintenance
thereof; and (vii.) In general, encourage construction of attractive, high-quality,
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permanent Improvements that will promote the general welfare of all Owners and
Occupants.
2.03 Adoption of Municipal Regulations. This Covenants hereby adopts as a minimum
all Zoning Ordinances and Subdivision Ordinance use and improvement restrictions of
the City of Port Arthur, Texas to be applied as if the Property were full annexed and
Zone 1-1 Light Industrial District. In case of conflict between this Covenant and said
Ordinances as presently written or Modified in the future, this Covenant shall take
precedence over all Ordinances, regulations and standards, except as may otherwise be
required by law.
ARTICLE III:
REGULATION OF USES
3.01 Permitted Uses. Parcels may be used only for the following: offices, office-
showrooms, office- warehouses, assembling, processing, light manufacturing,
wholesaling, research and development, servicing and distribution, distribution centers,
and other commercial uses. Uses which are neither, specifically prohibited nor
specifically authorized by this Covenant be permitted as to certain parcels in a specific
case if a proposed use plan describing such proposed use in details submitted to and
approved in writing by PAEDC Board of Directors and the City Council of the City of Port
Arthur. Texas.
3.02 Prohibited Uses. Notwithstanding any provision to the contrary contained herein,
no portion of any Parcel shall be used for any purpose, which is offensive by reason of
odor, fumes, dust, smoke, noise or pollution, or which shall increase the danger to any
other Parcel of fire or explosion damage, or for any purpose which may be or become
any annoyance or nuisance, or in violation of any Applicable Law. Specifically, but not
in limitation of the preceding, the following uses shall not be permitted on any portion
or Parcel: (i.) Dumping, disposal, incineration or reduction of garbage, trash sewage,
offal, dead animals or refuse, or the construction or operation of water or sewage
treatment plants, or electrical substations; (ii.) Junk yards and recycling facilities; (iii.)
Commercial excavation of building or construction materials (but not including
excavation in connection with the construction of Improvement(s); (iv.) Extraction or
refining of petroleum or of its products; (v.) Distillation of bones; (vi.) Smelting of iron,
tin, zinc or other ores; (vii.) Fat rendering; (viii.) Stockyard or slaughter of animals; (ix.)
Cemeteries; (x.) Labor camps and migrant worker camps; and (xi.) Jails or honor farms.
ARTICLE IV:
REGULATION OF IMPROVEMENTS
4.01 General. No Improvement shall be constructed, erected,placed, altered,maintained
or permitted on any Parcel unless it complies with the provisions of the; Article IV and
is approved by Approving Agent in the manner provided in Article V.
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4.02 Building Standards. (a.) Materials and Finishes-All elevations of any Improvement
shall be composed of high-quality brick, stone, masonry, concrete (including pre-cast
concrete or tilt slab construction) or custom architectural metal panel systems or a
combination of these materials. Buildings with metal panels shall have factory applied
paint (Kynar 500 or equal) or special coatings. Metal roof and wall panels shall be no
less than 24-gauge material. No other materials, including corrugated steel or
aluminum, asbestos, or other untreated metal may be used on the exterior of any
improvements without the prior written approval of PAEDC Board. (b.) Architectural
Design Considerations - Plain pre-engineered metal buildings without architectural
enhancement are not permitted. Quonset huts are not permitted anywhere within the
development. On metal clad buildings, using architectural panels with concealed
fasteners shall reduce the visual prominence of fasteners. Wall colors shall be used that
are compatible with other buildings in the development. Exterior and interior walls shall
be protected from aggressive manufacturing, vehicles, corrosion, and other abusive
conditions by use of bollards, wainscoting, or landscaping. Unless they are used as a
legitimate architectural detail, downspouts should match the wall color or be concealed
within walls. Metal roof systems shall be concealed fastener, standing seam design.
Roof colors shall be coordinated with those on surrounding facades. Roof panels
without color or which are painted white should be avoided. Galvalume, Zincalume,
AIZn or white painted panels may be used if these light-colored surfaces do not have an
objectionable effect when viewed from public streets or surrounding areas or if the roof
is screened from view by the use of parapet walls. The architectural design of new
buildings and major exterior additions should relate to neighboring buildings. While
specific designs need not be duplicated, the general size, bulk materials, and colors
should have complimentary design relationship to other buildings in the vicinity. The
size of windows and doors should be related to the scale of the wall in which they
appear. Monotonous repetition should be avoided where possible in the location, size,
and shape of windows and small doors. Utility doors, fire doors, loading docks, and
other potentially unsightly elements should be designed to blend with the building's
architecture. Main entryways should be clearly defined and smoothly integrated with
building and landscaping. Design them as focal points and pleasant invitations to
visitors. Canopies, roof overhangs, recessed areas, and frame line extensions can
achieve pleasing effects.
4.03 Roof top Equipment. All fans, vents, cooling towers, skylights, and any equipment
located on the roof of any Improvement shall be located in a manner to minimize their
distraction from the architectural attractiveness of the Improvement.
4.04 Underground Utilities. Except for special street lighting or other aerial facilities
which may be required by the City of Port Arthur, or which may be installed by PAEDC
pursuant to PAEDC's development plan, no aerial utility facilities of any type (except
meters, risers, service pedestals, transformers and other surface installations necessary
to maintain or operate appropriate underground facilities) shall be erected or installed
on the Property by a utility company, any Owner, or Occupant, or any other party. All
utility service facilities (including, but not limited to, water, sewer, gas, electricity,
telephone and cable TV) shall be buried underground unless otherwise approved in
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writing by PAEDC or unless otherwise required by any Governmental Authority or by the
applicable utility company. To the extent reasonably practicable, all utility meters,
equipment, air conditioning compressors, air conditioning and heating units, and similar
items must be visually screened and located in areas not visible from other portions of
the Property or Improvements.
4.05 Setback Lines. Front: Buildings shall be setback a minimum of 50 feet from the
street right of-way line. Side: A minimum setback of 50 feet shall be required from side
property lines except that a side setback shall be required such that buildings in adjacent
properties shall be no closer than 60 feet, with such area being permanently
unobstructed for fire access purposes. Rear: A minimum setback of 20 feet shall be
required from rear property lines except for rail access purposes and except that a rear
setback shall be required such that buildings on adjacent properties shall be no closer
than 50 feet, with such area being permanently unobstructed for fire access purposes.
Notwithstanding the foregoing if not prohibited by Applicable Law, the following
Improvements may be located in the building setback areas: (i.) Underground
improvements; (it) Steps, sidewalks, driveways and curbs; (ii.) Plants, fences, hedges,
landscaping and required screening; (iv.) Parking facilities provided that such facilities
comply with the requirements set forth in Section 4.07.
4.06 Building Density. No building foundation or footprint shall cover more than 50
percent of the area contained within the Parcel on which such building is situated
without the prior written approval of PAEDC.
4.07 Parking. The Owner of each Parcel shall provide the number of off-street parking
spaces required by the City of Port Arthur in connection with the Improvements situated
on such Parcel, but, unless the City of Port Arthur issues written approval for a lesser
amount of parking, the parking spaces provided shall not be less than the following: (i.)
One space for each 1,000 square feet of gross floor area contained within Improvement
utilized for warehouse or distribution uses; (u.) One space for each 500 square feet of
gross floor area contained within Improvements utilized for production or
manufacturing; (iii.) One space for each 300 square feet of gross floor area contained
within Improvement utilized for office uses; and (iv.) The number of spaces per gross
floor area established from time to time by the City of Port Arthur for uses other than
those enumerated in clauses (i), (ii), and(iii). No parking shall be permitted in any street,
alley, or other right-of-way. All parking facilities shall be constructed of concrete or
asphalt and shall include curbs and gutters at driveways and as required to control site
runoff. Unless prohibited by Applicable Law,parking facilities may be situated in front
of Improvements and within building setback areas provided that: (i.) No parking shall
be allowed within 15 feet of the right-of-way line of any street, and (ii.) Any parking
facility located within applicable building set back areas shall be screened from view
from streets by at least a 3-foot-high undulating landscaped earthen berm(not a straight
and uniform berm that would create the same effect as a levee) which shall be included
in the Landscaping Plan for the applicable Parcel. Parking of fleet vehicles shall be
limited to the rear portion of each Parcel and shall be screened if required by PAEDC.
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4.08 Loading and Maneuvering. Adequate area shall be required on the Property for all
loading and maneuvering of trucks and other vehicles such that such operations will not
be carried out in the streets, and such areas shall be located and screened as described
following: Loading doors may face a street provided that the building is setback a
minimum of 80 feet from the street right-of-way and provided that screening is
constructed. Additionally, loading doors may be located on the sides of buildings no
close r than 65 feet from the building setback line provided that screening is constructed
in conformity with Section 4.09
4.09 Screening. Any allowed outside storage shall be screened from all sides fronting
on a street. All loading areas requiring screening shall be screened on all sides fronting
on a street. Screening shall at a minimum consist of a solid opaque man-made face fence
or wall a minimum of 6 feet and a maximum of 8 feet in height, and shall be
architecturally consistent with the adjoining structure. Gates,if provided to drives,need
not be solid or opaque. The type and location of screening shall be shown on the site
plan, and such screening shall be located no closer than 15 feet to a street right-of-way
line.
4.10 Landscaping. Areas of a Parcel not otherwise improved shall be landscaped in
accordance with a Landscaping Plan. The Landscaping Plan shall include and provide
for: (i.) Drawings and specifications with respect to lawns, shrubs, decorative plantings
and trees and the size and location thereof; (ii.) An underground sprinkling irrigation
system; (iii.) Screening of all storage, loading and unloading areas; (iv.) Landscaping or
other appropriate screening dividing incompatible land uses; (v.) Lighting of buildings
and motor vehicular parking areas and all other areas where lighting is to be used; and
(vi.) All other matters required for inclusion in the Landscaping Plan by PAEDC.
All Landscaping Plan(s) generally shall provide: (i.) Landscaping of a minimum of 5
percent of the total Parcel area; (ii.) Landscaping of the entire area (which shall not be
less than 15 feet in width)between parking areas and/or buildings and back of the street
curb line on street frontage, which shall include at least one tree of not less than four-
inch caliper for each 50 feet of street frontage placed at irregular intervals along such
street frontage and with the remainder of such area being covered with suitable lawn
grasses, ground covers, ornamental plantings, or other landscaping treatment approved
by PAEDC ; (iii.) Undulating landscaped earthen berms(not a straight and uniform berm
that would create the same effect as a levee) or solid living landscape screens screening
all loading and dock areas from view from streets or other rights-of way; (iv.)Undulating
landscaped earthen berms or solid living landscape screens of at least 2 feet in height
screening any parking facility located within applicable building setback areas from
streets; and (v.) The preservation of existing trees to the extent reasonably practicable.
All Landscaping Work shall be completed with 30 days after the date of substantial
completion of the first building located on a Parcel unless otherwise approved by PAEDC.
Each owner shall be responsible for the performance of such Owner's Landscaping
Maintenance.
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4.11 Signs. (a). All signs shall be of a size and nature to preserve the quality and
atmosphere of PAEDC Hwy 73 Business Park and, unless otherwise approved in writing
by PAEDC, all signs may not: (i.) Be installed to project above the roof line of a building
or be located in front of building setback line; (ii.) Be of unusual size or shape when
compared to the Improvements situated on the Parcel on which such sign is located; (iii.)
Be located in or painted on any window, and; (iv.) Contain or utilize a flashing, blinking,
intermittent, or moving light as source of illumination. No billboards or advertising
signs shall be allowed. All signs should be affixed at ground level or on the face of the
building. Only two signs identifying the user, nature of the business, and products shall
be permitted for each site, and these shall be of a design and material consistent with
the building itself. The only other allowed signs would be of a direction nature or
temporary signs indicating "for sale" or "for rent." All signs, either temporary or
permanent, whether free standing or affixed to any structure, must be approved in
writing by PAEDC prior to installation. (b.) PAEDC may approve a building standard
sign program in writing. If PAEDC approves a building standard sign program in writing,
signs installed in strict conformance with the requirements of such approved program
will not be required to have separate approval but any sign, which deviates from such
approved program, may not be installed until approved in writing by PAEDC. (c.)
Temporary signs shall be permitted during construction and when a Parcel is offered for
sale or lease provided that the written approval of PAEDC first is obtained.
4.12 Accessory Building, Open Storage, and Screening of Objects. (a.) No accessory
building shall be constructed unless approved in writing by PAEDC; (b.) No article,
goods,materials,incinerators, storage tanks or like equipment may be stored in the open
or exposed to public view or view from adjacent buildings. If is shall become necessary
to store or keep materials or equipment in the open, then such storage may be permitted
with the prior written approval of PAEDC , provided that the area used shall be enclosed
with a screening fence and/or landscaping treatment of a design and materials approved
in writing by PAEDC . Any open storage must be located on the rear two-thirds of a
Parcel. In no event shall any article, goods, materials, storage tanks or like equipment
be stored within 50 feet of any street. (c.) All water towers, trash bins, HVAC units,
processing equipment, stand fans, skylights, cooling towers, communication towers,
vents, security fences and any other structures or equipment shall be architecturally
compatible with other Improvements and/or effectively shielded from view from any
public or private dedicated street by an architecturally sound method. The construction
of said structure or equipment, as well as any necessary screening, must be approved in
writing by PAEDC before said structure or equipment is constructed or erected.
4.13 Excavations and Storage or Burning of Rubbish. No excavations shall be made
and no sand, gravel, or soil shall be removed from the Property except in connection
with Plans approved by PAEDC as provided in Article V. No storage or burning of rubbish
or trash shall be permitted at any time.
4.14 Grading and Drainage. A Parcel shall be graded and drained in accordance with a
Grading and Drainage Plan approved in writing by PAEDC. The Plan must provide for
positive drainage of the applicable Parcel without detrimental effects on adjacent
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Parcels. It must respect all drainage area divides established by PAEDC, without the
utilization of any open drainage ditches and with all site grading resulting in drainage
toward a street or to an on-site closed conduit storm sewer system. All structures will
be equipped with roof drains, interior downspouts, and/or other drainage conveyances.
All such roof drains; interior downspouts, and other drainage conveyances shall be at a
location and of a material acceptable to PAEDC. All exterior downspouts shall be
prohibited unless made of a significant element of the building 's design. Conveyance
of water from downspout shall be via underground storm sewers or via concrete flumes
or paving. No downspout water will be permitted to be deposited directly onto
landscaped areas or into other ditches. All surface drainage, including roof drainage of
buildings, shall be designed to conform to the overall drainage of the Parcel. Minimum
pavement slope shall be one percent. A Detail Plan for grading and drainage, signed by
a registered professional engineer, shall be submitted to PAEDC.
4.15 Subdivision of Parcels. No Parcel of record within the Park may be further
subdivided for sale, transfer, or use without prior written permission of PAEDC. Such
permission will not be a guarantee that other Owners of record of any portion of the
Property will agree to or permit the subdivision under the provisions of State law
regarding County and Municipal subdivision regulations.
ARTICLE V:
MANNER OF CONTROL OF IMPROVEMENTS
5.01 Control of Improvements. No Improvement shall be con structed, erected, placed,
altered, maintained, or permitted without the prior written approval of PAEDC.
5.02 Submissions to PAEDC. To secure the approval of PAEDC, an owner shall deliver
to PAEDC in form and substance satisfactory to PAEDC the Plans for the proposed
Improvements. The Plans shall conform to the provisions of this Covenant and
Applicable Law.
5.03 Approval of Plans. PAEDC shall review and either approve or disapprove all or
parts of the Plans submitted to PAEDC. PAEDC will complete its review and either
approve or disapprove all or parts of the Plans within 30 calendar days from the day the
Plans are submitted to PAEDC. However, if, after receiving the Plans for review, PAEDC
determines that the size or complexity of the Plans will require additional time beyond
the normal 30 calendar days, a specified additional number of days permitted for review
by PAEDC may be established by written notification posted from PAEDC to the Owner
within 5 working days from the day the Plans are submitted. If PAEDC fails to act within
either the normal 30 calendar day period, or the extended period specified in writing
with 5 working days from the day of submittal of Plans, the Plans are deemed to have
been approved as submitted. If submitted Plans are not approved by PAEDC, an Owner
may revise the disapproved plans to incorporate changes required by PAEDC and deliver
complete sets of properly revised Plan to PAEDC for approval. No Improvement shall be
constructed, erected, placed, altered, maintained, or permitted until the Plans therefore
have been finally approved in writing by PAEDC.
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5.04 Changes in Approved Plan. An Owner shall secure the written approval of PAEDC
to any material change or revision in approved plans.
5.05 Variances. Upon submission of a written request for variances, PAEDC may, from
time to time, in PAEDC 's sole discretion, permit an Owner to construct, erect, or install
Improvements which are in variance with the covenants, conditions and restrictions or
architectural standards which are contained in this Covenant or which were developed
subsequent and pursuant to this Covenant. Written requests for variances shall set forth
in narrative detail the particular standard from which a variance is sought. PAEDC shall
have the right to require additional information, supporting data and/or plans and
specifications in the form and substance satisfactory to PAEDC as a condition to
PAEDC's consideration of any request for a variance. PAEDC shall not be liable to any
Owner for any claims, causes of action or damages arising out of the granting or denial
of any requested variance. By acceptance of any deed to any Parcel, the Owners
expressly waive any such claims, demands, or causes of action arising from the granting
or denial of any requested variance. Each request for a variance shall be reviewed
separately and apart from other such requests and the grant of a variance to any Owner
shall not constitute a waiver of PAEDC 's right to strictly enforce the covenants,
conditions and restrictions and architectural standards contained herein against any
other Owner.
5.06 Appointment and Designation. PAEDC may from time to time delegate any of
PAEDC 's rights or responsibilities hereunder to other parties who shall have full
authority to act on behalf of PAEDC in all matters delegated.
5.07 No liability for Defects or Omissions. PAEDC has no liability or obligation
whatsoever in connection with any Plans and no responsibility for the adequacy thereof
or for the construction of any Improvements contemplated by any Plans. PAEDC has no
duty to inspect any Improvements, and if PAEDC should inspect any Improvements,
PAEDC shall have no liability or obligation to any party arising out of such inspection.
PAEDC expressly shall have no liability or responsibility for defects in or omissions from
any Plans or for defects in or omissions from the construction of any Improvements.
ARTICLE VI:
MISCELLANEOUS PROVISIONS
6.01 Owner's Maintenance. Each Owner shall at all times be obligated ('Owner's
Maintenance Obligation") to maintain, repair, replace and renew or cause to be
maintained, repaired, replaced or renewed all Improvements on such Owner's Parcel
(and the area between the boundary lines of each Owner's Parcel and adjacent street if
such area is not otherwise maintained), so as to keep same in a clean, slightly, safe and
first-class condition consistent with its original intended appearance. Owner's
Maintenance Obligation, to include Landscaping Maintenance, shall include, but not be
limited to: the maintenance of all visible exterior surfaces of all buildings and other
Improvements; the prompt removal of all paper, debris, refuse, and dead and diseased
trees and plantings from all areas of an Owner's Parcel;the repair, replacement, cleaning
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and relapsing of all signs and lighting fixtures; the mowing, watering, fertilizing,
weeding, replanting and replacing of all landscaping and screening approved in the
Landscaping Plan and, during construction of Improvements on a Parcel, consistent
cleaning of dirt, const ruction debris and other construction related refuse from streets,
storm drains and inlets. If any Improvement is damaged or destroyed, an Owner shall
diligently proceed to restore such Improvement to the condition existing prior to such
damage or destruction or, in the alternative, raze and remove such Improvement and
landscape the Parcel pursuant to the Landscaping Plan as approved in Article V. Until
commencement of construction of Improvements thereon, the Owner of each Parcel
shall keep such Parcel free and clear of trash and debris and regularly mowed.
6.02 Enforcement. The covenants, conditions, restrictions, easements, uses and
privileges of this Covenant shall run with the land and be binding upon the inure to the
benefit of PAEDC and each Owner, their respective heirs, successors and assigns. The
enforcement of the provisions of this Covenant shall be vested solely in PAEDC. A
breach of this Covenant by an Owner relating to the use of maintenance of a Parcel or
part thereof is hereby declared to be and constitute a nuisance and every public or
private remedy allowed by law or equity for the abatement of a public or private nuisance
shall be available to PAEDC to remedy such breach. In any legal or equitable proceedings
for the enforcement of this Covenant or to restrain a breach thereof, the party or parties
for whom judgment is entered shall pay the attorney's fees and costs of the party or
parties for whom judgment is entered in such amount as may be fixed by the court in
such proceedings. All remedies provided under this Covenant, including those at law or
in equity, shall be cumulative and not exclusive. The failure of PAEDC to enforce this
Covenant upon a breach hereof or to enforce a particular provision contained in this
Covenant shall not be deemed a waiver of PAEDC's right to do so for a subsequent breach
or of the right to enforce another provision of this Covenant or upon the right of any
Owner of land within the Property to initiate unilateral action to remedy the breach.
PAEDC shall not be liable for failure to enforce this Covenant.
6.03 Responsibility of Owner. Each owner shall be responsible for any breach of this
Covenant, which is a result of such Owner's own acts or omissions of an Occupant of
such Owner's Parcel(s).
6.04 Address of Approving Agent. All Plans submissions, notices, and other
communications to PAEDC shall be mailed or delivered to PAEDC. PAEDC may from
time to time designate a different address for Plans submissions, notices and other
communications by either delivering written notice of such new address to each Owner
at each Owner's address as reflected by the records of PAEDC or by recording a notice
of such change of address in the Deed Records of Jefferson County, Texas.
6.05 Conflict with Applicable Law. If any covenant, condition, or term of this Covenant
is less restrictive than a requirement imposed by Applicable Law, the requirement
imposed by Applicable Law shall control. If any of this Covenant is more restrictive than
a requirement imposed by Applicable Law, the requirement imposed by this Covenant
shall control unless prohibited by Applicable Law.
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6.06 Severability. If any of the covenants, conditions or terms of this Covenant shall be
found void or unenforceable for whatever reason by any court of law or of equity, then
every other covenant, condition or term herein set forth shall remain valid and binding,
provided, that in such event, PAEDC shall have the right to modify such covenant,
condition or term to the extent required to carry out the general intention of this
Covenant and to impart validity to such covenant.
6.07 Exculpation and Waiver. Notwithstanding any covenant, condition, or term
contained in this Covenant to the contrary and notwithstanding any provision of
Applicable Law to the contrary, PAEDC shall not have any liability to any Owner arising
or resulting from any act or omission of PAEDC taken or omitted pursuant to this
Covenant. Each Owner by accepting a conveyance to any portion of the Property
conclusively shall be deemed to have unconditionally and irrevocably waived all claims
against PAEDC arising or resulting from acts or omissions of PAEDC taken or omitted
pursuant to this Covenant.
6.08 Tenure of Approving Agent. On the date when PAEDC has sold Parcels which
constitute 80 percent of the Net Square Feet to parties which are not affiliated with
PAEDC , or at any time, from time to time, after such date,PAEDC may, at PAEDC 's sole
option, relinquish PAEDC 's obligations and responsibilities as Approving Agent by
giving written notice thereof to the Owners (the "Relinquishment Notice"). Within 90
days after the date of the Relinquishment Notice, the Owners shall by vote of the
Required Majority of the Owners designate another party to serve as Approving Agent.
PAEDC agrees to continue serving as Approving Agent until the earlier of: (i.) Date that
another party is designated by vote of the Required Majority of the Owners to serve as
Approving Agent; or (ii.) 90 days after the date of Relinquishment Notice. In any event
PAEDC shall no longer be responsible for performing the duties and obligations of
Approving Agent hereunder on or after the 91st day from the Relinquishment Notice.
6.09 Amendment. PAEDC shall have the right from time to time to amend this Covenant
to clarify or to further the intent and purpose of this Covenant. Any and all such
amendments shall be effective upon the recording in the Deed Records of Jefferson
County, Texas of an instrument setting forth the applicable amendment executed and
acknowledged by PAEDC.
6.10 Termination. At any time after PAEDC has conveyed all of PAEDC's interest in the
Property to parties, which are not affiliated with PAEDC, this Covenant may be
terminated by an instrument of termination executed and acknowledged by the Required
Majority of the Owners recorded in the Deed Records of Jefferson County, Texas.
6.11 Term. Unless terminated pursuant to the provisions of Section 6.10, this Covenant
shall remain in effect for 20 years after the date hereof and automatically shall be
renewed and extended for successive ten year periods thereafter unless and until an
instrument of termination is executed and acknowledged by the Required Majority of
the Owners and is recorded in the Deed Records of Jefferson County, Texas in which
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event this Covenant shall terminate at the end of such initial 20 year period or at the
end of the then applicable 10 year renewal period.
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