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TreeShade Business Park Marketing
STATE OF NORTH
CAROLINA
BEAUFORT COUNTY
DECLARATION OF
COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR
TREESHADE BUSINESS
PARK
THIS
DECLARATION, made and entered into this the ______ day of _______________,
200__, by PARADIGM DEVELOPMENT GROUP, LLC, a North Carolina limited
liability company, hereinafter referred to as Declarant;
W I T N E S
S E TH:
THAT
WHEREAS, Declarant is the owner of that certain tract or parcel of land
more particularly described as Lots 1 through 7 of Treeshade Business
Park, as the same is shown on a map and survey recorded in Map Book
______, Page ______, Beaufort County Registry;
AND
WHEREAS, it is for the mutual benefit of all property owners, present and
future, in said Treeshade Business Park, for Declarant to subject said
lots as referred hereinabove to the following protective covenants;
NOW,
THEREFORE, Declarant does hereby declare that all of the properties
referred to above shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions which are for
the purpose of protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties having any
right, title or interest in the described properties, or any part thereof,
their heirs, successors and assigns, for the term of these covenants as
set forth below, and shall inure to the benefit of each holder thereof.
ARTICLE I
DEFINITIONS
Section
1: "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is apart of
the Properties; including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
Section
2: "Properties" shall mean and refer to that certain real property
described and set forth in certain plats on record in the Beaufort County
Registry designated as Treeshade Business Park and such amendments and
additions thereto as may hereafter be brought within the jurisdiction of
the Declarant.
Section
3: "Lot" shall mean and refer to any lot of land shown upon any recorded
subdivision map of the Properties.
Section
4: "Declarant" shall mean and refer to Paradigm Development Group, LLC,
its successors and assigns, if such successors or assigns should acquire
more than one undeveloped lot from the Declarant for the purpose of
development.
Section
5: “Access Areas” Shall mean and refer to the access areas shown on the
Treeshade Business Park subdivision plat on record in the Beaufort County
Registry.
ARTICLE II
PROPERTY RIGHTS
Section
I: Owners Easement of Enjoyment. Every owner shall have an easement of
enjoyment in and to the Access Areas that shall be appurtenant to and
shall pass with the title to every Lot, subject to the following
provisions:
(a) the
right of the Declarant to dedicate or transfer all or any part of the
Access Areas to any public agency, authority, or utility for such
purposes.
(b) the
right of individual owners to the use of parking spaces as provided in
this article.
Section
2: Parking Rights. Ownership of each lot shall entitle the owner or
owners thereof to the exclusive use of automobile parking spaces they
provide within their respective Lot.
ARTICLE III
COVENANT FOR
MAINTENANCE ASSESSMENTS
Section
1: Creation of the Lien and Personal Obligation Assessments. The
Declarant, for each lot owned within the Properties, hereby covenants, and
each Owner of any lot by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to
annual and special assessments for capital improvements, such assessments
established and collected as hereinafter provided. The annual and special
assessments, together with interest, costs, and, reasonable attorney's
fees, shall be a charge on the land and shall be a continuing lien upon
the property against which each such assessment is made. Each such
assessment, together with the interest, costs, and reasonable attorney's
fees shall also be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due. The personal
obligation for delinquent assessment shall not pass to his successors in
title unless expressly assumed by them.
Section
2: Purpose of Assessments. The assessments levied by the Declarant shall
be used exclusively to promote the health, safety and welfare of the
owners of the Properties and in particular for the acquisition,
improvement and maintenance of properties, services and facilities devoted
to this purpose and related to the use and enjoyment of the Access Areas,
including but not limited to, the cost of repairs, replacements and
additions, the cost of labor, equipment, materials, management and
supervision, and such other needs as may arise. The purposes for these
assessments may include, but not be limited to, maintenance of the rear
property fence, retention pond and other storm water management facilities
installed on the Properties, Access Areas and drives, and shared
utilities. Each Member shall be solely responsible for any and all
maintenance of any improvements the respective Member installs or
constructs on their respective Lot, regardless of if any such improvements
are partially or entirely on any Access Area or any other shared area of
the Properties.
Section
3: Special Assessments for Capital Improvements. The Declarant may levy,
in any assessment year, a special assessment applicable to that year for
the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
improvement in the Access Areas, including fixtures and personal property
related thereto, provided that any such assessment shall have the assent
of two-thirds (2/3) of the votes of each Member who is voting in person or
by proxy at the meeting duly called for this purpose.
Section
4: Notice and Quorum for Any Action Authorized under Sections 3. Written
notice of any meeting called for the purpose of taking any action
authorized under Section 3 shall be sent to all Members not less than
thirty (30) days nor more than (60) days in advance of the meeting. At
the first such meeting called, the presence of members or of proxies
entitled to cast sixty (60%) per cent of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice
requirements, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. Such
subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section
5: Uniform Rate of Assessment. All assessments must be fixed at a uniform
rate based on square footage of each Lot for all owners and may be
collected on a monthly basis at Declarant’s option.
Section
6: Effect of Nonpayment of Assessment. Remedies of Any assessment not
paid within thirty (30) days date after the due date shall bear interest
from the due date at rate of eight (8) per cent per annum. The Declarant
may bring an action at law against the owner personally obligated to pay
the same, or foreclose the lien against the property. No owner may waive
or otherwise escape or deny liability for the assessments provided for
herein by non-use of the Access Areas or abandonment of his lot.
Section
7: Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first
mortgage. Sale or transfer of any Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lien thereof, shall extinguish the lien
of such assessments as to payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such Lot from liability for
any assessments thereafter becoming due or from the lien thereof.
ARTICLE IV
ARCHITECTURAL CONTROL
All site
plans and building plans and elevations must receive prior written
approval from Declarant before any construction can commence. All
exterior signage must conform to the uniform sign guidelines established
by the Declarant and all signage must have specific prior written approval
from the Declarant. No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties without prior written
approval from Declarant. Requested changes must include the plans and
specifications showing the nature, kind, shape, height, materials and
location of the same shall be submitted to and approved in writing as to
harmony of external design and location in relation to surrounding
structures and topography by the Declarant, or by an architectural
committee composed of three (3) or more Members appointed by the Declarant.
All
exterior signs not attached to any building constructed on a Lot shall be
an illuminated sign of a low pylon design. These pylon signs shall have a
base of no higher than two (2) feet, and shall have a width to height
ratio of the illuminated signbox area of 2:1 (i.e., the signbox must be
twice as wide as it is high). The illuminated sign area must be of a
white background, with the Member having sole choice of logo and lettering
colors, styles, and design. It is the respective Member’s sole
responsibility to also insure that any and all exterior signage conforms
with all applicable governmental rules and regulations. One exception to
this pylon sign guideline shall be the Declarant may choose to waive these
guidelines for a Member that is a national or regional business that has a
standard exterior sign package that is uniformly used at all of their
locations and when that Member requires the use of their standard sign
package as a condition to purchasing a Lot or leasing a building on the
Properties.
ARTICLE V
USE RESTRICTIONS
Section
1: Land Use and Building Types. No Lot shall be used except for business
or office purposes. Declarant must give any Lot Owner prior written
approval before the Lot Owner may initiate any request for any variance or
special use permit that in necessitated by their planned business use for
their respective Lot.
Section
2: Nuisance. No noxious or offensive activity shall be conducted upon any
Lot nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
Section
3: Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot.
Section
4: Outside Antennas. No outside radio or television antennas or satellite
dishes shall be erected on any Lot without prior written approval from
Declarant.
Section
5: Prohibition of boats, campers, trailer, motorhomes, or trucks. No
motor boats, sailboats, catamarans or any other type of boat shall be
allowed on any part of the Access Areas or parking lot. Any trailer used
for the transport of such boats is also prohibited from the Access Areas
and parking lot. Any other camper or trailer is also prohibited from any
part of the Access Areas or parking lot. All recreational vehicles are
also prohibited from the Access Areas and parking lot. Heavy-duty trucks,
other than while making delivery, are prohibited from the Access Areas and
parking lot.
ARTICLE VI
EASEMENTS
Easements
for installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat. Within these easements no
structure, planting or other material shall be placed or permitted to
remain which may interfere with the installation and maintenance of
utilities, or which may change the direction or flow of drainage channels
in the easements, or which may obstruct or retard the flow of water
through drainage channels in the easements. All Lots and Access Areas
shall be subject to easements for the encroachment of initial improvements
constructed on adjacent Lots by the Declarant to the extent that such
initial improvements actually encroach, including, but not limited to,
such items as overhanging eaves, stoops, chimneys, bay windows, gutters
and downspouts, misaligned common walls, foundation footings and walls.
The Declarant shall have a reasonable construction easement across the
Access Areas for the purpose of constructing improvements on the Lots.
ARTICLE VII
GENERAL PROVISIONS
Section
1: Enforcement. The Declarant, or any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. Failure by the Declarant
or by any Owner to enforce any covenant or restrictions herein contained
shall in no event be deemed a waiver of the right to do so thereafter.
Section
2: Severability. Invalidation of anyone of these covenants or
restrictions by judgement or court order shall in no way affect any other
provisions that shall remain in full force and effect.
Section
3: Amendment. The covenants and restrictions of this Declaration shall
run with and bind the land, for a term of thirty (30) years from the date
this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years. This Declaration may
be amended by an instrument signed by not less than seventy-five (75)
percent of the Lot owners. Any amendment must be recorded in the office of
the Register of Deeds for Beaufort County, North Carolina.
IN TESTIMONY
WHEREOF, the party of the first party has caused this Deed to be executed
and delivered by its duly authorized manager who has hereunto set his hand
and seal the day and year above first written.
PARADIGM DEVELOPMENT GROUP, LLC (SEAL)
By:_____________________________(SEAL)
Manager
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
I,
______________________________, a Notary Public of the aforesaid county,
do hereby certify that _______________________, a manager of Paradigm
Development Group, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged the execution and
sealing of the foregoing instrument as manager on behalf of and as the act
of the company referred to in this acknowledgment.
Witness my hand and official
seal this the ________ day of _________________, 2004.
____________________________________
Notary Public
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