Protective Covenants

Hudson Industrial Park

Hudson, Michigan

DECLARATION OF RESTRICTIONS

The City of Hudson, Michigan, Owner of the real property designated as the Hudson Industrial Park and the Hudson Local Development Finance Authority (LDFA), developer of the real property designated as the Hudson Industrial Park, a description of which is recorded in Liber 1025, page 808, of the records of the office of the Register of Deeds of the County of Lenawee, State of Michigan, hereby make the following declaration of limitations and restrictions on said real property, and hereby specify that such declarations shall constitute covenants to run with the land and which shall bind all parties obtaining interest in said property, their successors and assigns, for the benefit of and limitations of all persons who obtain an interest in said real property. This declaration of restrictions is designed for the purpose of keeping the Hudson Industrial Park desirable, uniform, and suitable in use and architectural designs.

1. Definitions: Terms shall be defined as indicated in the City of Hudson Zoning Ordinances or as indicated below:

Building Site: shall mean any lot or portion thereof upon which a building or buildings and appurtenant structures may be erected in conformance with the requirements of the covenants.

Finished Material: face brick, glass, colored metal with the permanent baked on finish, concrete, ornamental stone or other decorative material, and shall not include concrete or cinder blocks, whether or not painted, unless such blocks are designed especially as ornamental facing or veneer, and wood if approved by the Grantors.

Grantee: shall mean any person, firm, or corporation, natural or otherwise, who takes or obtains any real or personal property, interest from Grantor with respect to any part of the above described land or improvements thereon.

Grantor: shall mean the City of Hudson, its successors and assigns, or any person or persons designated by the City of Hudson as having authority to act for the city with respect to these restrictive covenants and conditions.

Improvements: shall mean and include any industrial building or buildings, out buildings appurtenant thereto, parking areas, loading areas, fences, walls, hedges, lawns, plantings, and any other structures of any type or kind located above the ground.

2. Primary Intended Use: The Hudson Industrial Park shall be used for manufacturing and industrial operations. The types of uses permitted in the industrial park are set forth in the General Industrial District, Section 4.5.2 of the City of Hudson Zoning Ordinance; said sections being hereby expressly incorporated hereto as and made a part of these restrictive covenants and conditions; provided further, however, that the following uses are expressly prohibited:

      a. Residential construction

b. Commercial, office, (other than offices related to on-site permitted occupancies), retail, and wholesale or research purposes.

c. Blast furnaces, steel furnaces, blooming or rolling mills.

d. Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris.

e. Smelting of copper, iron, or zinc ore.

f. Junk yards and places so called for the dismantling, wrecking and disposing of the junk and/or refuse material or agricultural and automotive vehicles.

g. Stock yards or slaughtering of animals for the reduction or recovering of products from dead animals or animal offal or garbage.

h. Petroleum refining or other similar factories or uses.

i. Central mixing plant for asphalt or concrete.

j. Any other use causing or emitting obnoxious fumes, smoke, toxic emissions, noise and/or unsightly appearance within the Industrial Park.

3. General Restrictions

a. All buildings shall be constructed in accordance with applicable codes and ordinances of the City of Hudson.

b. Set Back: No building or any part therefrom shall be erected nearer than fifty (50) feet from any primary road in the park, a primary road being a public right-of-way sixty (60) feet or more in width, nor nearer than ten (10) feet from any side or rear boundary.

c. Lot coverage: Not more than fifty percent (50%) of any building site shall be covered by buildings.

d. Parking: Each owner must provide adequate off-street parking facilities so as to eliminate any necessity for the parking of vehicles upon the public streets within the park. Parking shall not be permitted in set areas, except that parking may be provided in front set backs but not closer than twenty (20) feet from the front property line. All driveways, and parking areas shall be paved with portland concrete, bituminous concrete or bituminous aggregate surfacing to provide a dust free all-weather surface. Sidewalks and walkways will be constructed of concrete. The parking area and driveways shall be surfaced within two (2) years of the date of occupancy of the building.

e. Loading Space: All provisions for the loading, maneuvering, and unloading of motor vehicles incidental to the operation of the business shall be placed on the Grantee’s lot; on-street motor vehicle loading and unloading shall not be permitted. Off-street loading areas shall be located on those sides of a building which do not front on a street. On corner lots where it is necessary for a loading area to be located on the side of a building fronting on a street, the building must be set back from the property line at least fifty (50) feet on that side. Building owners are encouraged to screen loading areas from street visibility through the use of trees, shrubbery, fences, etc. Loading area shall be paved with concrete, asphalt or other hard surface material.

f. Outdoor Storage: Outdoor storage of equipment, raw materials, semi-finished or finished products may be permitted only when such outdoor storage is necessary and incidental to the operations being carried on in the building located upon the site. No storage shall be permitted on the set back areas and all storage shall be shielded by fence or landscaping so as to screen such storage area from public streets and adjoining properties. No storage shall be permitted between a frontage street and the building line.

g. Waste Material: No waste material, rubbish or discarded matter of any kind shall be permitted to be stored in open areas except in containers approved by the Grantor, and beyond a time reasonably required to arrange from removal.

h. Utilities and Mechanical Equipment: All electrical, telephone, cable TV, data transmission, gas and utility service lines to individual buildings shall be installed underground. No antenna, tower, dish, or other radio, television, transmission or communication device shall be erected on any property, lot or building for any purpose without the prior written approval of the Grantor. Any mechanical equipment installed on a roof shall be architecturally screened to harmoniously conform to the general architecture of the building.

i. Surface Water: Each Grantee shall make provisions for adequate drainage of surface water so as to carry same to public storm sewers and designated drainage areas in the park.

j. Building Construction: All buildings shall have exterior facing of architectural approved materials such as: face brick, concrete block, architectural concrete, steel or aluminum factory finished panels, and glass. All sides of any building facing upon a public street or a public highway must be treated with finished materials. In the event of a dispute as to whether or not a particular material qualifies as “finished material” the decision of the Grantor will be final. All exposed concrete block or metal must be painted or varnished within sixty (60) days from the date of occupancy except those materials not normally painted or those materials which have been prefinished. No used material shall be incorporated within any building without the express written permission of the Grantor. All buildings shall be constructed in accordance with applicable codes and ordinances of local, county, state and federal governmental bodies but shall in addition be constructed with high quality materials and in a manner so as to have the ability to withstand the normal causes of deterioration with normal maintenance procedures. No structure, covering, garage or other out-building of a temporary nature shall be situated, erected or maintained on any parcel of the subject property.

k. Landscaping: All yard areas, with the exception of paved driveways, shall be used exclusively for landscaping, including trees, shrubs, lawns, and ornamental features. Such landscaping is to be completed within twenty-four (24) months after the start of construction or six (6) months after occupancy of the principal building--whichever comes first. The owner shall maintain the landscaped areas at his own expense. Undeveloped areas for future expansion may be left unlandscaped upon written permission of the Grantor.

l. Easement: The Grantor retains such rights-of-way and easements as may be necessary or convenient for the purpose of erecting, constructing, maintaining and operating services of any kind over, across, under, and through the premises in the designated set back areas between the building lines and the property lines, including, but not limited to, public service wires and conduits for lighting, power and telephone, gas lines, sanitary sewer, storm sewer and water, and the Grantor shall have the right to grant right-of-way easements to others to carry out this purpose. Upon connection of the laying of such lines, wires, conduits, pipes or sewer, the premises shall be restored to the same condition as they were prior to such work.

m. Railroad: No railroad tracks shall be constructed or used within the industrial park without prior written consent to the Grantor.

n. Signs: Signs advertising the person, firm, company or corporation operating the use conducted on the lot or the products produced there shall be permitted, either of a freestanding nature, or attached to the building except that the signs cannot exceed the height of the building and shall conform to all front, side and rear yard requirements. Outdoor advertising, billboards or flashing lights are not permitted. Signs shall conform to the requirements of the City of Hudson zoning ordinance.

o. Fences and Walls: Fences and walls in front yards shall not exceed three (3) feet in height and shall be constructed of wood and/or masonry. Security fences not more than eight (8) feet in height may be constructed on the owners property line abutting a side or rear yard or in any other location except a front yard. Grantor may grant written approval for security fences to exceed eight (8) feet in height and for said fences being located other than on a property line.

4. Maintenance

a. Each lot owner shall at all times keep his premises, buildings, improvements, and appurtenances in a safe, clean, neat and sanitary condition and shall comply with all laws, ordinances, and regulations pertaining to health and safety.

b. Buildings within the park that become vacant shall be kept secured.

c. If accumulation of weeds, rubbish or items of equipment or supplies are permitted to remain on a parcel more than five (5) days after a request in writing from the Grantor to have them removed, the Grantor, or its authorized agent may enter upon any parcel for the purpose of removing same by whatever means it deems necessary. Such entry shall not be subject to any liability and the cost of such work shall be paid by the person in violation.

d. If landscaping areas are not maintained in accordance with the standards prescribed by the Grantor and the condition is not corrected within ten (10) days after written notice from the Grantor, the Grantor or its authorized agent, shall have the right to enter upon any parcel and plant or replant or maintain such areas, without being guilty of trespassing. The costs thereof shall be paid by the person in violation.

5. Site Plan Review: Prior to the commencement of the construction on any site in the Hudson Industrial Park, the owner and/or developer thereof shall submit a site plan for review and approval to the Hudson Local Development Finance authority (LDFA). A site plan shall be required for original construction as well as for any subsequent construction. The site plan shall contain the following information in detail either as a part of the site plan or an attachment thereto: building location, fill and grading required, ingress and egress to the site, interior traffic pattern, parking and loading areas, drainage plan, fencing, outside storage areas, landscaping, location of signs, architectural drawings to proposed buildings and a description of the building construction and materials. The Hudson Local Development Finance Authority shall within sixty (60) days of the submission of a site plan, determine if the site plan meets the requirements contained herein and in such event shall approve the site plan. If the site plan does not meet the requirements contained herein, the Hudson Local Development Finance Authority shall disapprove the site plan and shall notify the owner and/or developer of the reasons for disapproval in writing. The Hudson Local Development Finance Authority may request such additional information as it deems necessary in making its determination. Approval of site plan by the Hudson Local Development Finance Authority shall not relieve the owner and/or developer of obtaining any other approval required by law. All site plans must be additionally approved by the City of Hudson Planning Commission to conform to the City of Hudson Zoning Ordinances and all building permits shall be issued in conformance with the City of Hudson building Codes by the City of Hudson Building inspector.

The greater Hudson Local Development Finance Authority and its members shall not be liable for damages to any person submitting plans for approval or to any owner and/or developer covered by these covenants by reason of mistake in judgment, negligence of itself, its agents or employees arising out of or in connection with the approval or disapproval or failure approve any site plan

6. Time Limit for Construction: Construction of an approved building upon said building site shall begin no later than twelve (12) months from the date of execution of the sale contract agreement, and such construction shall be completed within twenty-four (24) months after the start of construction. If construction has not begun or has not been completed within the time limits specified above, the city of Hudson retains the option to refund the purchase price and enter into possession of the land. At any time the City of Hudson, its successors, or assigns may extend in writing the time in which said building is to be built. Upon such refund of the purchase price, the purchase shall execute and deliver to the City of Hudson a good and sufficient reconveyance of said premises.

7. Resale Rights

a. No purchaser of unimproved property shall sell or lease said property to any third party without the written consent of the City of Hudson. In the event the purchaser of unimproved property desires not to proceed with development, the City of Hudson, its successors and assigns, retains the option to refund the purchase price less any outstanding mortgages or other encumbrances against the property and all cost in connection with the repurchase or reconveyance, and enter into possession of the land. This section is not intended to prohibit the transfer of said property to a company, real estate, or holding corporation, but such transferee shall take subject to all the restrictions herein contained, including this paragraph.

b. No purchaser of unimproved or improved property shall subdivide or divide any lot or combination of lots in order to create additional lots for the purpose of sale or lease without the written consent of the City of Hudson. Any lot or lots created by division or subdivision shall meet all applicable laws of the city of Hudson and improvements thereto shall be subject to all the restrictions and covenants contained herein including resale rights and time limits for construction.

c. Any purchaser of improved property may convey said property to a third party, to the condition outlined in these restrictions.

d. It is further covenanted and agreed by and between the parties hereto that Grantor will not grant, sell or convey any interest in or to any part or parcel of the above described property without inserting in the grant thereof that the property is subject to all covenants and restrictions as adopted by the Hudson Local Development Finance Authority.

8. Amendments: Grantor (City of Hudson) reserves the right in its absolute discretion, at any time, to annul, waive, change or modify any of the restrictions, conditions, covenants, agreements or provisions as hereinbefore stated.

9. Enforcement: Violation of any of said restrictions or conditions, or breach of any covenant or agreement herein contained shall give the Grantor, in addition to all other remedies, the right to enter upon the land as to which such violation or breach exists and summarily to abate and remove any erection or thing or correct any condition that may constitute such violation or breach at the expense of the person in violation, which expenses to be a lien on such land enforceable in equity; provided however that no such entry shall be made unless the violation or breach has not been remedied or corrected within thirty days after delivery of notice of such violation or breach from the Grantor or to the occupant of the premises on which the violation or breach has occurred or in the alternative within thirty days after mailing such notice, by first class mail, postage prepaid, to the recorded owner of such premises at their last known address. Any party hereto, their heirs, devisees, administrators, successors or assigns shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restriction above set forth, or to pursue any other remedy, legal or equitable, but the violation of theses restrictions shall not defeat nor render invalid the lien of any mortgage or trust deed made in good faith and for value without notice of violation.

10. Failure to Enforce: Failure by the City of Hudson to enforce any of such restrictions, conditions and agreements herein contained shall in no event be deemed a waiver of right to do so thereafter.

11. Covenant Duration: Each of the conditions, covenants, restrictions and reservations set forth above shall run with the land and bind all parties obtaining interest in said property, their successors and assigns.

AMENDMENT 1

TO

DECLARATION OF RESTRICTIONS

PROTECTIVE COVENANTS

HUDSON INDUSTRIAL PARK

HUDSON, MI

Pursuant to the provisions of paragraph 8. Amendments of the Declaration of Restrictions as recorded in Liber 1081, Page 162-168 of Lenawee County Records, the City of Hudson does hereby amend said Declaration of Restrictions as follows:

2. Primary Intended Use. The Hudson Industrial Park shall be used for manufacturing and industrial operations. The types of uses permitted in the industrial park are set forth in the General Industrial District, Section 4.5.2. of the City of Hudson Zoning Ordinance, in existence as of this date or as amended hereafter; said sections being hereby expressly incorporated hereto as and made a part of these restrictive covenants and conditions; provided further, however, that the following uses are expressly prohibited:

a. Residential construction.

b. Commercial, office (other than offices related to on-site permitted occupancies), and retail.

c. Blast furnaces, steel furnaces, blooming or rolling mills.

d. Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of paris.

e. Smelting of copper, iron or zinc ore.

f. Junk yards and places so called for the dismantling, wrecking and disposing of the junk and/or refuse material or agricultural and automotive vehicles, provided, however, this provision shall not, in and of itself, prohibit recycling operations.

g. Petroleum refining or other similar factories or uses, provided, however, this provision shall not prohibit the operation of alternative energy facilities provided such facilities meet all other requirements set forth in the Declaration of Restrictions. 

h. Central mixing plant for asphalt or concrete.

i. Any other use causing or emitting obnoxious fumes, smoke, toxic emission, noise and/or unsightly appearance within the Industrial Park.

All other provisions the Declaration of Restrictions previously recorded and not in conflict with provisions of this Amendment are hereby ratified and affirmed.

IN WITNESS WHEREOF, the City of Hudson, by authority of the city council, has caused this instrument to be executed by its Mayor and attested by its City Clerk and its Corporate seal to be affixed hereto this _____ day of ____________________, 2008.

ATTEST:      CITY OF HUDSON

_________________________________  By: ________________________________

City Clerk      Lee Daugherty, Mayor

This Amendment to the protective covenants and restrictions referred to herein apply to the following land in the City of Hudson, Lenawee County, Michigan, described as follows:

The Northwest 1/4 of Section 20, Town 7 South, Range 1 East, EXCEPTING that part deeded to the Michigan State Highway Commission in Liber 733, page 203, Lenawee County Records.

MDBWpdocs/ClientMatters/City/Dec of Restrict Amend 1