Deeds and Covenants
DECLARATION OF COVENANTS, RESTRICTIONS AND PERFORMANCE STANDARDS
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND PERFORMANCE STANDARDS
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PERFORMANCE STANDARDS (“DECLARATION”) is made as of this 29th day of November, 2001, by KENNEBEC REGIONAL DEVELOPMENT AUTHORITY, a body corporate and politic, duly created and existing by virtue of an Act of the Legislature of the State of Maine, Chapter 79 of the Private and Special Laws of the 1998, as amended, and having an office in Oakland, in the County of Kennebec and State of Maine (“DECLARANT”) with respect to real property located in the Town of Oakland and in the City of Waterville, both in the County of Kennebec and State of Maine.
The DECLARANT has designed FirstPark as campus-style business park to produce an environment conducive to high-quality business development and improved employment opportunities. It is the intent of the DECLARANT to see FirstPark developed as a business park of the highest quality - well designed and constructed buildings on beautifully landscaped lots with the highest telecommunication services available. It is important that the environmental integrity of the property will be protected while at the same time providing prospective Lot Owners with a clear and efficient approval process. As such, the purpose of this DECLARATION is to insure the development of FirstPark property for compatible uses.
The following words when used in this DECLARATION or any amendments thereto (unless the context shall prohibit) shall have the following meanings:
“Articles of Incorporation” shall mean the Articles of Incorporation of FirstPark Owners and as amended from time to time.
“Buffer Zones” shall mean those areas of the Property delineated as such on the Plan or as required by MDEP and indicated as Buffer Areas, Development Restricted Areas, or Natural Wooded Buffer Areas.
“By-Laws” shall mean the By-Laws adopted by FirstPark Owners and as amended from time to time.
“Committee” shall mean the Design Review Committee appointed from time to time by the DECLARANT.
“Common Area” shall mean all real and personal property now owned or that will be acquired by FirstPark Owners for the common use and enjoyment of the Owners and as designated as such by FirstPark Owners
“Designated Representative” shall mean and refer to the natural person designated by the Owners or by the DECLARANT to be its representative or representatives to FirstPark Owners and entitled to vote.
“FirstPark Owners” shall mean and refer to the FirstPark Owners Association, its successors and assigns, a Maine, non-profit corporation.
“Final Subdivision Plan” shall mean a plan entitled “Final Subdivision Plan of Kennebec Regional Development Authority” by K & K Land Surveyors, Inc., sheet 2 of 4 dated July, 2000 and recorded in the Kennebec County Registry of Deeds on February 2, 2001 as Book E2001, Page 010 and as amended from time to time.
“Lot” shall mean and refer to any plot of land set aside for business development as shown upon the Plan. The term “Lots” shall refer to the eighteen (18) Lots shown on the Plan while the term “Lot” shall refer to any one or more of the Lots.
“Lot Line” shall mean and refer to an exterior boundary line of a Lot.
“MDEP” shall mean the Maine Department of Environmental Protection.
“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. Each Lot shall be deemed to have one Owner with one vote for voting purposes, regardless of the number of actual owners. In the event that the Owner is a legal entity and not a natural person the Owner shall notify the FirstPark Owners from time to time of the person who will be its Designated Representative and entitled to vote. An Owner or the DECLARANT may lease a Lot and the lease may provide that the tenant will have the one vote for the leased Lot. The term “Owners” shall be the collective reference to the Owners of all of the Lots.
The term Owner shall also include the DECLARANT. The DECLARANT so long as it owns Lots shall have one vote per Lot for voting purposes and after the DECLARANT sells or leases all of the Lots, it shall continue to be included within the term Owner and shall have one vote; provided, however, after all of the Lots are sold, the DECLARANT shall not be liable for or be required to pay any costs of FirstPark Owners including, without limitation, assessments or dues. The DECLARANT so long as it owns at least three (3) Lots shall be entitled to have up to three (3) Designated Representatives who shall, cast all of the votes that the DECLARANT is entitled to have. When the DECLARANT owns one (1) or two (2) Lots, it shall be entitled to have one (1) Designated Representative per Lot owned with each Designated Representative entitled to one vote.
After the sale or lease of all the Lots, the DECLARANT will designate, the person appointed by the Town of Oakland, to be DECLARANT’S Designated Representative in FirstPark Owners. The DECLARANT will notify FirstPark Owners, from time to time, of the person who will be its Designated Representative and entitled to vote.
“Permits” shall mean the collective reference to all the environmental permits that the DECLARANT has received from the Town of Oakland and the MDEP: The Town of Oakland approval on July 18, 2000 and the MDEP Site Location of the Development, Natural Resources Protection Act, Water Quality Certification L20267-39-A-N/L-20267-31-B-N, dated September 26, 2000, modified November 12, 2001, L-20267-39-C-A and as such approvals are amended or supplemented from time to time or new approvals are obtained from time to time.
“Plan” shall mean and refer to and be the collective reference to the Subdivision Plat and the Final Subdivision Plan.
“Property” shall mean and refer to the real property situated in the Town of Oakland and City of Waterville, County of Kennebec, State of Maine and more particularly described by a metes and bounds description in Exhibit A, which is annexed hereto and by this reference made a part hereof, and such additional real property as may hereafter be brought under the jurisdiction of the DECLARANT by subsequent declaration by the DECLARANT, its successors and assigns except the Roads, Parcel A, Parcel C, and Parcel E as depicted on the Final Subdivision Plan, portions of the Lots that are the utility easement areas granted, from time to time, to various utilities or reserved by the DECLARANT for utilities, , the Sign Lot to be carved out of Lot 17 and the Sewer Pump Station as depicted on Lot 5 on the Subdivision Plat. The Property is depicted on the Plan.
“Roads” shall mean or refer to FirstPark Drive, Technology Avenue, Commerce Avenue, Ezhaya Drive, Second Rangeway Connector and Highland Drive Connector.
“Subdivision Plat” shall mean the plan entitled “FirstPark – Subdivision Plat” by Oest Associates, Inc. dated March, 2000, and revised through July 17, 2000, and recorded in the Kennebec County Registry of Deeds on January 9, 2001, as Book E2001 Page 006 and as amended from time to time.
Covenants and Acceptance
The DECLARANT has acquired the Property and has subdivided the Property into Lots and certain Roads, Buffer Zones, Common Areas, utility areas and open spaces as more specifically described on the Plan which DECLARANT proposes to develop and improve in accordance with the Plan.
The DECLARANT is about to sell and convey Lots and desires to assure the Owners of the use, benefit and enjoyment of the Lots and of certain common rights and the use of certain improvements and the benefit of certain protective covenants and restrictions to be incorporated by reference hereto in each deed conveying any interest in the Property and to be administrated and enforced in part by FirstPark Owners.
NOW, THEREFORE, in consideration of the facts above recited and of the covenants herein contained, and intending to create and be legally bound by perpetual covenants running with the Property, subject to the terms hereof, the DECLARANT hereby declares, covenants and agrees with the Owners that the Property is and shall be held and shall be conveyed subject to the terms hereof.
The DECLARANT recognizes that after its further study, this DECLARATION may need to be amended. Therefore, the terms of this DECLARATION may be altered, modified, enlarged, supplemented, amended, waived, revised or changed by the DECLARANT (collectively the “Amendments”) provided that the Amendment must be approved by seventy-five (75) percent of the votes of the members of the DECLARANT. If the right to amend as provided herein is assigned to FirstPark Owners, then seventy-five (75) percent of the votes in FirstPark Owners must approve Amendments. Each Amendment to this DECLARATION shall become effective upon recording thereof in the Kennebec County Registry of Deeds and shall be effective to the same extent as if it had been originally set forth in this DECLARATION.
Each Lot conveyed shall be subject to the following covenants, conditions and restrictions, and performance standards which shall run with the land and be binding upon the DECLARANT, Owners, and their respective heirs, successors and assigns, as though each such provision were recited in full in each and every deed or other conveyance of the Lot. The purchase of any Lot, shall be deemed to signify that the provisions contained and referred to herein and in the By-Laws and Articles of Incorporation are accepted by such Owner.
If any part of this DECLARATION shall be decreed to be invalid by any court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect.
Uses and Restrictions
Section 1. Permitted Uses
The DECLARANT when authorizing the Property to be used will give preference to those uses which have low environmental impact, are compatible with existing uses of the Property and which offer high quality job creation, for example, but not as a limitation, the Property may be used for the following categories of uses:
A. Information and Technological Services; that is, businesses similar to, but not limited to the following:
1. Communication Services
2. Catalog and Mail Order Houses
3. Banking and Financial Institutions
4. Misc. Business Credit Institutions
5. Credit Reporting Services
6. Data Processing and Preparation
7. Commercial Physical Research Services
8. Testing Laboratories
9. Computer Software;
B. High-Technology Services; that is, businesses similar to, but not limited to the following:
1. Computer Facilities Management
2. Management and Related Services
3. Medical and Dental Laboratories
4. Health and Allied Services
5. Legal Services
7. Telemarketing Centers
8. Research and Development;
C. Business Services; that is, businesses similar to, but not limited to the following:
1. Computer Maintenance and Repair
2. Electronic Repair Services
3. Business Hotels and Conference Centers
4. Business Services;
D. High-Technology Manufacturing; that is, businesses similar to, but not limited to the following:
2. Computer Hardware and Components
3. Computer Software
4. Computer Storage Devices
5. Computer Peripherals such as Printers, Plotters and Scanners
6. Office Machines.
High Technology Manufacturing is a light manufacturing type businesses. These businesses are generally engaged in the production of products or parts including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of products for business which service high technology users.
Section 2. Prohibited Uses. The Property shall not be used for any trade, industry or use that is injurious, noxious or offensive by reason of the excessive emission of fumes, dust, smoke, vibration or noise, including but not limited to any trade or activity which involves a substantial danger of fire, explosion, emission of corrosive or toxic fumes, gas, smoke, liquids, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other substantially objectionable characteristics or any other trade, industry or use which will materially interfere with the activities of other Owners; for example, tanneries, glue factories, fertilizer plants, waste disposal, waste transfer or recycling facilities, cement plants, asphalt processing plants, oil refineries, soap or fat rendering plants, vegetable, poultry, meat or fish processing plants, gasoline supply or repair stations, industrial repair garages, lumber treatment establishments, artificial gas manufacturing plants, rubber manufacturing plants, stock yards, junkyards are prohibited.
Section 3 Determination. The DECLARANT in its sole discretion, shall determine the uses of the Property and its determination shall be final.
Section 4 Restrictions. The Property shall be restricted as follows:
A. No Lot shall be subdivided without the prior approval of the Committee.
B. No trees shall be trimmed or altered nearer than thirty (30) feet to any street or road, or nearer than twenty (20) feet to any other land adjoining a Lot without prior approval of the Committee except that utility companies may conduct necessary cutting, trimming and alterations of bushes and shrubs and such cutting as necessary at access drives.
C. No buildings or grounds shall be allowed to fall into disrepair, including all building exteriors.
D. No Lot shall be used as access to any real estate that is not part of the Property.
E. No solid waste or liquid waste, garbage, trash, noxious or offensive objects shall be kept, maintained or allowed on any Lot except in containers that are properly screened from view and provided that the contents of the containers are removed from the Lot at least weekly.
F. No outside storage or display of materials, merchandise or equipment shall be permitted.
G. No trucks, trailers, and other commercial or industrial vehicles shall be parked on the Lot except at the rear of buildings or behind screening acceptable to Committee.
H. No activity shall be conducted on any Lot which is a violation of law, ordinance, the Permits, this DECLARATION or which may become a nuisance.
I. No structure of a temporary character or trailer shall be erected or permitted to remain on any Lot without the consent of the Committee except during construction.
J. No sound shall be created on any Lot that exceeds the maximum permissible sound pressure levels established herein. Sound levels shall be measured at the Lot Lines and at least 4 feet from the ground. Meters shall meet ANSI standard S1 4-1961 or equivalent. All times shall be local time.
The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity shall not exceed 55 dB (a) during the period 7:00 a.m. to 7:00 p.m. and shall not exceed 45 dB (a) from 7:00 p.m. to 7:00 a.m. No person shall engage in construction activities on a Lot between the hours of 7:00 p.m. and 7:00 a.m.
Sounds emitting from the following activities are exempt from this restriction:
1. Construction and maintenance activities conducted between 7:00 a.m. and 7:00 p.m;
2. Safety signals warning devices emergency pressure relief valves and other emergency activities;
3. Traffic noise on public roads; and
4. Temporary use of machinery such as, but not limited to chain saws, lawnmowers and other maintenance machinery.
K. No building or addition to a building shall be erected, placed or permitted to remain on any Lot unless the location, plans and design thereof has been previously approved in writing by the Committee.
The DECLARANT has appointed the Committee to administer the provisions of this DECLARATION. The Committee has the duty to insure that all Lots are developed and maintained in a manner consistent with the intent of this DECLARATION and to advise prospective Owners and to review all development plans.
Each entity, that has entered into an agreement with the DECLARANT to purchase or lease a Lot (“Purchaser”), must, prior to any development of the Lot, receive approval of its plans for the Lot from the Committee. The Purchaser shall also obtain prior to construction such other local or state approvals as applicable.
In order to receive the Committee’s approval the Purchaser must submit one or more plans, written narratives describing the proposed development and/or other information or material which demonstrates that the development will comply with the requirements of this DECLARATION.
All plans must be sealed and signed either by a Maine Registered Professional Engineer, a Maine Licensed Architect or a Maine Professional Land Surveyor as appropriate.
All submissions shall have one original and a number of copies equal to the number of members of the Committee.
The submission shall include a Site Plan showing size, location and exterior finishes of buildings, parking areas, driveways and landscaped areas. The submission shall include lighting plans, noise control plans, and plans to insure that the proposed development will not be hazardous, obnoxious, offensive, or unsightly by reason of odor, sound vibration, radioactivity, electrical interference, glare, liquid or solid wastes, smoke or other air pollutants, or other distractions.
The Committee shall approve, disapprove or approve with conditions, all buildings, Site Plans and compliance with this DECLARATION. Upon receipt of the Committee’s written approval and in accordance with its purchase and sale agreement with the DECLARANT, the Purchaser may commence construction. A certificate from the Committee shall be conclusive evidence of such approval. Any such certificate of approval shall be valid for one (1) year and must be applied for again if substantial construction has not commenced during the one year period.
The Committee’s rights in this DECLARATION shall terminate after: (i) all of the Lots are sold or leased; (ii) Certificate of Approval (this term is hereinafter defined) has been accepted for each Lot and (iii) FirstPark Owners have established and have functioning a similar committee to perform the functions of the Committee for any change, modification or administration of an approved and completed Site Plan.
Any change in the approved Site Plan must be reviewed and approved by the Committee except that the Chief Executive Officer of the DECLARANT may approve Minor Changes as this term is defined herein.
Minor Changes are defined as any small change that does not alter the intent of the Committee’s original approval and does not make the Lot in noncompliance with this DECLARATION.
When, in the judgment of the Committee, special circumstance exists and strict conformity with any specific requirement of this DECLARATION would cause undue hardship, and where the proposed development is in general conformity with this DECLARATION, and provided the general spirit, intent, and purpose of this DECLARATION, will not be adversely or substantially affected or harmed, and further provided that the convenience and welfare of the Lot Owners will be substantially served and not adversely affected, the Committee may waive or modify such specific requirements of this DECLARATION as it deems appropriate and in the best interests of the Property.
When the Committee is considering any waiver or modification as provided for in this paragraph, it shall also consider the impact of such waiver or modification on the property owners whose land is contiguous to the Property (“Abutting Owners”) so that the convenience and welfare of the Abutting Owners will be substantially served and not adversely affected by such a waiver or modification; provided, however, that any decision by the Committee shall be in its sole discretion and no rights shall accrue to the Abutting Owners on account of this paragraph or on account of the Committee’s consideration of the impact of a waiver or modification on the Abutting Owners.
Waiver of requirements of this DECLARATION must be requested in writing by the Purchaser at the time of submission. Specific reasons must be given for requesting the waiver.
The Purchaser shall submit to the Committee such other information that the Committee deems necessary and shall meet with the Committee at mutually convenient times.
In matters of judgment or interpretation of the requirements contained in this DECLARATION, the opinion and determination of the Committee shall prevail.
All of the Committee’s approvals, disapprovals or approvals with conditions, waivers or modifications or other decisions are final. The Committee shall not make any determinations as to the use of the Property as provided in Article III, sections 1, 2 and 3.
Site Design And Development Criteria And
A. SITE PLAN
In reviewing site plans or other development submissions, the Committee shall be guided by the standards and criteria contained herein. The Site Plan shall meet the following criteria and performance standards:
1. The Site Plan shall bear the date, title, north point.
2. The Site Plan shall contain the name and address of the Owner.
3. The following items are required on the Site Plan, showing existing and proposed features as appropriate:
(a) Plan view of all buildings with their use, size, location, and first floor elevation in respect to grade. A photograph, architectural rendering or other representation of the proposed structure must accompany the submission;
(b) A standard elevation view of existing and proposed buildings or structures on Lot;
(c) Details of catch basins, drainage pipes and retention/detention ponds shall be provided as needed with the submission;
(d) The location, width, curbing, and paving of access ways, egress ways, traffic circulation and interface for both pedestrian and vehicular use;
(e) The location and number of parking and loading spaces including handicapped parking spaces, with a layout of the parking indicated;
(f) The size and location of service connections including, without limitation, gas, electric, telecommunications and sewer lines, and fire alarm connections and locations;
(g) The type, nature, and composition of all solid, liquid, and gaseous waste, industrial or otherwise, and the location, type, and design criteria of the storage and disposal facilities dealing with such waste. Trash receptacles, dumpsters, storage sheds shall be shown on the Site Plan;
(h) The Site Plan shall set forth existing and proposed contours and finished grade elevations as well as the type, extent, and location of existing and proposed landscaping and open space areas which will be retained. A program setting forth the intended use of buffering materials or devices including, but not limited to location, composition, and provisions for maintenance shall be a required submittal with any Site Plan. This will include a program setting forth the extent to which the proposed development will preserve existing natural features;
(i) Fire hydrants and fire lanes must be clearly presented on Site Plan;
(j) The location, size, and design of proposed signs and other advertising or instructional devices. The Site Plan shall include size, color, illumination, landscaping, setbacks, specific locations, height, and construction materials for all exterior signs for freestanding or wall mounted;
(k) The location and type of lighting for outdoor facilities. A lighting plan prepared by a registered engineer shall be submitted as part of the Site Plan that includes:
i. A written narrative describing the intent of all exterior lighting;
ii. Photometric analysis showing distribution and foot-candles levels; and
iii. Proposed mounting heights and specifications for all fixtures.
(l) Have affixed thereto the seal and signature of either a Maine Registered Professional Engineer, a Maine Licensed Architect or a Maine Professional Land Surveyor as appropriate responsible for the Site Plan;
(m) Any other exhibits or data that the Committee may require in order to adequately evaluate the proposed development or project.
B. SITE DESIGN CRITERIA AND PERFORMANCE STANDARDS
The design standards presented here are minimum in nature; the Owner may provide further details in its proposed Site Plan. The Owner may also request, in writing, waivers from these standards All waivers that are granted by the Committee shall be added as notes to the approved Site Plan, and shall be considered conditions of approval.
(a) Where non-domestic sanitary discharge (Any discharge into the public sewer system containing other than normal household wastes) is anticipated, such effluent shall be identified and comply with any and all federal, state, and local laws, ordinances, rules, and regulations.
(b) All utility services shall be installed and maintained underground, except for the necessary and appurtenant transformers, mechanical equipment, gas, electric, or other meters of any type may be above ground and shall be painted to blend with plantings or buildings and screened where feasible and if producing sound, baffled upon request by the Committee .
(c) Large exterior utility equipment such as satellite dishes, cooling towers, and the like, shall be placed in the rear or side of the buildings, or in screened areas on the roof of buildings, and screened from view by landscaping fences, walls or the like.
(d) The DECLARANT has entered into a developer services agreement with Verizon New England, Inc. (“Verizon”) concerning the infrastructure and marketing of the Property (“Marketing Agreement”). The Marketing Agreement is effective as of June 11, 2001 and may be amended from time to time. A copy of the Marketing Agreement is available in the DECLARANT’s office. The Marketing Agreement delineates the rights and obligations of Verizon, the DECLARANT and the Owners. The Marketing Agreement provides for SmartPark and SmartCenter development. These terms are registered servicemarks of Verizon.
SmartPark: Each building shall have at a minimum four (4), four (4) inch entrance conduits (two each located at diverse ends of the building) (“Verizon Conduits”).
The Verizon Conduits shall be for the exclusive use of Verizon, and its successors and assigns.
SmartCenter: In the event that a building is over two (2) stories in height and will be designated a SmartCenter, such a building shall have at a minimum two (2) four (4) inch riser ducts (“Riser Ducts”). The Riser Ducts shall be for the exclusive use of Verizon and its successors and assigns. SmartCenter plaque provided by Verizon shall be located appropriately in each SmartCenter building.
Additional signage concerning SmartPark shall be located by mutual consent between Verizon and the Owner. Construction, placement and costs of exterior signage associated with SmartCenter shall be the responsibility of the Owner.
(a) Parking lots shall be landscaped and/or screened to provide for a pleasing visual effect and blending in with the surrounding area.
(b) Adequate space shall be allowed for the accumulation of snow during the winter plowing months.
(c) Each Lot shall maintain adequate off-street parking to accommodate all parking needs for employees, visitors, and company vehicles. No parking of vehicles will be permitted in the common areas or on public roads adjacent to any Lot. If parking requirements increase as a result of a change in use or number of employees, additional off-street parking will be provided to satisfy the intent of this provision.
(d) The Site Plan shall depict sufficient parking area or areas in order that a minimum of 3.5 off-street parking spaces per 1,000 square feet of floor area in the proposed structure, exclusive of areas used for storage, can be constructed. The amount of parking area that actually has to be constructed for any building at any one time shall be determined by the Committee and its determination shall be depicted on the approved Site Plan.
(e) To all possible extent, all parking will be on the sides and rear of buildings, not in the front of the buildings. No parking, loading, or paved areas will be closer than twenty (20) feet to the side or rear Lot Lines. This twenty (20) feet will be maintained as a natural or planted vegetated buffer. If natural vegetation is not sufficient in this twenty (20) foot buffer, the Committee must approve all plantings.
(f) Adequate areas shall be provided on each lot for all loading and maneuvering of trucks and other vehicles so that abutting roadways are not used for such purposes. All truck loading and service areas shall be situated and screened so as not to be visible from the principal roadways.
(g) All drives, loading, maneuvering, and parking areas shall be paved. Parking spaces will be a minimum of 9’ x 19’. Circulation drives shall be a minimum 24’ wide. One lane traffic is discouraged. Loading bays shall be a minimum of 12’ x 40’ with appropriate maneuvering area.
(h) All parking and drives shall be adequately striped. Directional arrows and signs shall be used on one-way drives. All painted items will be adequately maintained.
3. STRUCTURAL LAYOUT AND DESIGN
All proposed structures or additions to existing structures shall comply with the following:
(a) DESIGN OF BUILDINGS:
i. All buildings shall be designed to conform to the current edition of The BOCA National Building Code and The National Fire Protection Association Code Life Safety 101 (collectively the “Codes”). BOCA shall mean Building Officials & Code Administrators.
ii. All exterior finishes, facades, and roofs for the building will be made of durable, low-maintenance materials. Such materials include, but are not limited to the following:
· Approved metal panels
iii. Building plans shall be stamped and signed by either a Maine Professional Engineer or a Maine Registered Architect as appropriate.
(b) SETBACKS AND HEIGHT:
i. The maximum building coverage for any Lot shall be thirty (30) percent of buildable Lot area as defined by the Plan.
ii. The minimum setback from the front Lot Line shall be seventy-five (75) feet provided that there will be no pavement or off-street parking in the thirty (30) feet closest to the front Lot Line, except that the minimum setback from FirstPark Drive, Highland Drive Connector and Second Rangeway Connector for Lots B and D as depicted on the Cascade Estates Plan shall be Fifty (50’) feet provided that there will be no pavement or off-street parking in the thirty (30’) feet closest to FirstPark Drive, Highland Drive Connector and Second Rangeway Connector.
iii. The minimum setback from the rear Lot Line shall be fifty (50) feet provided that there will be no pavement or off-street parking in the twenty (20) feet closest the back Lot line.
iv. The minimum setback from the side Lot Lines shall be fifty (50) feet provided that there will be no pavement or off-street parking in the twenty (20) feet closest to the side Lot Line.
v. Notwithstanding the aforementioned setbacks, no structure or buildings will be erected or pavement placed within any Buffer Zone.
vi. The maximum allowable building height is 90 feet measured from the mean grade surrounding the building.
(c) FIRE PROTECTION:
All proposed structures and additions to existing buildings must be designed to meet existing fire protection standards and clear ways around buildings must be maintained to provide for access to two or more sides.
i. All Lots shall be landscaped with vegetation that will act to:
Reduce the impact of lighting, vehicular and structural, on abutting properties;
Reduce the impact of proposed structures on the privacy of abutters; and
Make the Lot more attractive to the average viewer.
ii. All land areas not covered by structures, parking areas, or circulation facilities, will be landscaped and maintained. Existing natural vegetation may be used when determined by the Committee that such vegetation is in keeping with the overall scheme of the Property.
(e) PROTECTIVE BUFFERS
All areas dedicated for mechanical appurtenances or waste disposal shall be screened from view. Natural vegetated buffers shall be maintained to every extent possible.
(f) EXTERNAL LIGHTING GLARE AND IMPACT ON
i. The provisions of lighting for building or Lot development purposes shall be installed so as to have minimum impact on abutting property owners. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians or from adjacent property. Adequate buffers using either natural landscape or artificial screening are required to prevent undesirable light from being directed from a Lot to adjacent property.
ii. Unless otherwise specified herein, all light fixture specifications shall meet the minimum standards established by the Illuminating Society of North America for applicable land use.
iii. The style of the light fixtures shall be consistent with the architectural style of the principal building.
iv. No rotating or flashing lights or signs except safety signaling devices required by law are permitted.
v. Any skyward directed lighting must serve a specific functional purpose, have no more than (4) 250 watt luminaries, and shall not, under any circumstances, exceed 1,000 watts.
vi. Direct or indirect illumination shall not exceed 0.7 foot-candles upon abutting residential properties.
vii. Parking lot lighting shall not exceed 3.0 foot-candles.
viii. Maximum building illumination shall not exceed 6.5 foot-candles.
ix. Façade lighting that is directed downward is preferred.
x. Any lighting aimed up to illuminate a façade or landscaping element must be properly shielded to avoid sky glow and glare.
xi. The height of freestanding fixtures shall not exceed the height of the principal building.
i. No flashing, rotating or intermittent signs are permitted.
ii. No more than one (1) freestanding sign is allowed for each building and no more than one (1) sign for each entrance to the Lot is permitted. Such signs will not exceed one hundred fifty (150) square feet in surface area per face.
iii. Freestanding signs shall not be located closer than ten (10) feet from any Lot line but not in a Buffer Zone and shall not exceed fifteen (15) feet in height.
iv. Building (wall-mounted) signs will not exceed 10% of the wall area on which they are mounted. In no case will an individual sign be larger than two hundred (200) square feet. The total signage area on all sides of any one building will not exceed six hundred (600) square feet.
v. Internal directional and informational signs either freestanding or structure mounted will not exceed seven (7) square feet of face area. Signs can be two sided. The number of signs will be the minimum necessary for safe operation of the site.
C. CONSTRUCTION COMPLETION
At the completion of construction and prior to occupancy, the Owner shall submit to the Committee a set of “as built” construction plans and a Certificate of Approval executed by a Maine Licensed Architect, a Maine Registered Professional Engineer or a Maine Professional Land Surveyor, as appropriate, certifying to the DECLARANT that the buildings have been built in conformance with the Codes and in conformance with the approved Site Plan (“Certificate of Approval”).
The Committee shall accept (“Accepted Certificate of Approval”) or reject the Certificate of Approval. In the event that there are exceptions or notation of non-conformances in the Certificate of Approval, and the Committee rejects the Certificate of Approval, then the building shall not be occupied until the Committee’s objections have been corrected to its satisfaction and an amended Certificate of Approval has been submitted and approved by the Committee (“Accepted Certificate of Approval”).
Obligations of Owner
Each Owner shall, in addition to other obligations and duties set out herein:
1. Promptly pay the assessments levied by FirstPark Owners;
2. Maintain in good condition and repair its Lot and all exterior surfaces of buildings;
3. Not to use or permit the use of the Lot for any purposes other than the purposes approved;
4. Conform to and abide by the By-Laws.
5. Maintain the natural or cultivated vegetation in all set back areas;
6. Maintain the Buffer Zones in their natural state;
7. Maintain on its Lot any detention pond as shown on the Plan to the requirements of MDEP and comply with the Permits;
8. Place no buildings, structures, or pavement within the setback areas or Buffer Zones;
9. Restore to a sightly condition without delay any structure that is destroyed or damaged in whole or part by fire, windstorm, or other casualty or acts of nature, and promptly remove all debris and rebuild all such destroyed buildings; and
10. Remove waste from the Lot at least on a weekly basis.
FirstPark Owners has been established by the DECLARANT.
Each Owner shall automatically become and be a member of FirstPark Owners for so long as he or it continues as an Owner. Upon termination of his or its status as Owner, his or its membership and any interest in FirstPark Owners, shall thereupon automatically terminate and transfer and inure to his or its successor in interest or assigns.
The DECLARANT shall designate, from time to time, to FirstPark Owners three (3) people to be its Designated Representatives and these three (3) Designated Representatives shall decide amongst themselves by majority vote how they will cast the DECLARANT’s votes on any matter submitted the Designated Representatives for a vote. These three (3) Designated Representatives may, if elected, serve simultaneously as Directors. Initially, the DECLARANT shall appoint three (3) Designated Representatives as Directors of FirstPark Owners.
Each Owner shall be bound by the Articles of Incorporation and the By-Laws. The Articles of Incorporation and By-Laws may be amended, from time to time, in accordance with their respective provisions or law. FirstPark Owners shall have the right to assess the Owner a share of costs incurred, or reasonably anticipated to be incurred by the FirstPark Owners in fulfilling its purposes as provided in the By-Laws. In addition to the assessments authorized therein, FirstPark Owners may levy assessments against particular Lot or Lots for reimbursement for costs resulting from the Owner’s breach of any provisions of this DECLARATION.
The annual, special and limited assessments, together with interest from the due date and costs for collection (including reasonable attorney’s fees) shall be a charge on and a continuing lien against the Lot against which such assessment is levied from the time when such assessment becomes due. If the assessment is not paid within thirty days from the due date, FirstPark Owners may bring an action against the Owner for foreclosure of lien against the Lot (in a like manner as a mortgage against real estate). The sale or transfer of a Lot shall not release such Lot or Owner from liability for any assessments.
The DECLARANT agrees that for the period of five (5) years from the date of the recording of this DECLARATION, it will pay for all costs for the maintenance and repair, including when necessary snow plowing,of the non-public roads and Common Area, and there will be no assessments by FirstPark Owners against the Owners during this period except as provided herein for a breach of this DECLARATION by an Owner. The maintenance (including snowplowing) and repair of all roads accepted by the Town of Oakland, or by the City of Waterville, as public roads will be done respectively by the Town of Oakland or the City of Waterville.
The DECLARANT hereby establishes a committee that shall have the same duties and responsibilities as the Committee for modification or waivers for Site Plans which have an accepted Certificate of Approval (“FirstPark Owners Committee”). The By-Laws shall further delineate and establish the authority, duties, responsibilities and procedures of the FirstPark Owners Committee and its membership and any other necessary organizational or procedural policies or practices.
The following property subject to this DECLARATION shall be exempt from the assessments, charge and lien created herein: (a) all Common Areas; and (b) all properties and interests in properties owned or held by utility and public services companies.
In addition to any power or duty provided by law or in this DECLARATION, FirstPark Owners shall have the power to compel any Owner by any lawful means, including an action at law or in equity, to correct any deficiency, malfunction or other problem on the Lot that violates any provision of this DECLARATION, the Permits, By-Laws and FirstPark Owners may correct the problem itself, and to recover all expenses in so doing by special assessment against such Owner.
Enforcement and Miscellaneous
FirstPark Owners, the DECLARANT, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, performance standards, liens and charges now or hereafter imposed under the provisions of this DECLARATION. Failure by FirstPark Owners, the DECLARANT, or any Owner to enforce any covenants, conditions, restrictions, performance standards, liens or charges herein contained shall in no event be deemed a waiver of the right to do so hereafter.
Invalidation of any one of these restrictions, conditions, covenants or performance standards by judgment or court order shall in no way affect any other provision, all of which shall remain in full force and effect.
The DECLARANT, its successors and assigns shall at all times have the right to fully transfer, convey and assign all of its right, title and interest under this DECLARATION, provided that such transferee, grantee, or assignee shall take such rights subject to all provisions and obligations contained herein.
If any provision of this DECLARATION conflicts with a provision of the By-Laws or Articles of Incorporation, then the provision set forth in this DECLARATION shall govern.
Any failure by an Owner to comply with this DECLARATION, the By-Laws, the Articles of Incorporation, the Permits, or its Site Plan shall be deemed to be in breach or violation of this DECLARATION.
The DECLARANT, the Committee and its authorized agents in the discharge of their duties hereunder shall have the authority to enter upon any Lot at any reasonable time to ensure compliance with the Permits, this DECLARATION, its Site Plan, its Certificate of Approval and its Accepted Certificate of Approval.
IN WITNESS WHEREOF, these DECLARATION OF COVENANTS AND RESTRICTIONS have been duly executed by Craig H. Nelson, President of KENNEBEC REGIONAL DEVELOPMENT AUTHORITY, hereunto duly authorized as of the day and year first above written.
WITNESS KENNEBEC REGIONAL
__________________________ By: ___________________________
Craig H. Nelson
STATE OF MAINE
Kennebec, SS. November 29, 2001
Then personally appeared the above named Craig H. Nelson in his capacity as President of the KENNEBEC REGIONAL DEVELOPMENT AUTHORITY and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of the KENNEBEC REGIONAL DEVELOPMENT AUTHORITY.