Atmore Industrial Park

COVENANTS FOR THE

ATMORE INDUSTRIAL PARK

Atmore, Alabama

Updated December 31, 2009

The real property which is the subject of these restrictions is located in Atmore, Alabama. All persons and corporations who now own or shall hereinafter acquire any interest in the aforementioned property shall be taken to hold and agree and covenant with the City of Atmore (City) and the Industrial Development Board of the City of Atmore, and with its successors and assigns to conform to and observe the following covenants, conditions, and restrictions as to the use of the property and the construction of improvements thereon.

2. PRIMARY INTENDED USE. All sites in the Atmore Industrial Park (Park) shall be used for industrial, manufacturing, warehousing, or distribution purposes only and retail sales of merchandise or services shall not be permitted except for retail sale by owner or lessee of products manufactured therein. In particular, but not in limitation of the foregoing, no restaurant, motel, or gasoline service station usage will be permitted except as such locations as the City in the exercise of its sole discretions shall first approve in writing.

3. PROHIBITED USES. No land or building shall be used or occupied which does not conform to the performance standards of Section 5. In addition, the following uses are specifically prohibited:

4. ARCHITECTURAL REVIEW COMMITTEE (ARC). In order to establish and preserve a harmonious design for the park any and all construction must have prior approval by the ARC. The committee shall be composed of at least (3) individuals from the membership of the City of Atmore Industrial Development Board and designated by the chairman of the Industrial Development Board. This committee shall have the responsibility of reviewing all submitted plans for construction, alterations and additions to structures in the Atmore Industrial Park. This review will be for compliance with the park covenants. Review for code compliance will be with the city Code Compliance department.

5. REQUIRED CONDITIONS. Any buildings or uses permitted in the Park shall comply with the following conditions:

(a) Setbacks- No principal building shall be located within fifty (50) feet of a public street or within thirty (30) feet of any property line.

(b) Accessory Buildings- Accessory buildings shall be located at least twenty-five (25) feet from a principal building, fifteen (15) feet from a side property line and twenty (20) feet from a rear property line.

(c) Minimum Lot Width- Each lot shall have a minimum lot width of 200 feet measured along the required front street setback line.

(d) Maximum Building Coverage-The total floor area of all buildings shall not exceed 40% of the total lot area.

(e) Storage- All materials, equipment and trash storage shall be stored in completely enclosed buildings or shall otherwise be screened by such walls, fences, and landscaping as may be determined by the City to be adequate to appropriately screen such materials, equipment and trash from areas outside of the lot boundaries.

(f) Landscaping- Owner or lessee shall landscape that portion of his property between building or buildings and the curb or pavement line of abutting streets and shall remove undergrowth, weeds, debris and any other unsightly materials from the remainder of the property at his own expense. Each owner or lessee in the Park shall maintain his landscaping in a safe, clean, and attractive condition. Should the City find any owner of lessee negligent in this regard, it may give notice of the fact to the offending party. Within ten (10) days of the receipt thereof, said party shall initiate corrective measures. Effective disregard of notice shall give the City a right to enter the offending premises and undertake necessary maintenance at the expense of the owner or lessee thereof. Failure to reimburse the City for these services within thirty (30) days after billing shall create a lien against the property in question.

(g) Trees- Owners and lessees in the Park shall exert their best efforts to preserve the natural beauty of their respective properties and, in this regard, shall not needlessly destroy or remove live trees, other than those in an are earmarked for construction or considered hazardous from high winds.

(h) Building Height – Except as provided by specific variance granted by the Architectural Review Committee, the height of any building or structure shall not exceed fifty (50) feet above ground level.

[1] No parking or loading shall be permitted on any street or road, either public or private, or at any other place than the paved parking or loading areas provided in accordance with the following, and each owner shall be responsible for compliance by its employees and visitors.

[2] Location – Off-street parking areas shall be located at least twenty-five (25) feet from a public street and at least five (5) feet from a building or property line. No more than fifty percent (50%) of the required front yard may be used for parking.

[3] Paving – All driveways and parking areas shall be constructed with a hard surface pavement and shall include adequate drainage facilities to dispose of all storm water.

[4] Off-street parking areas shall be used for the parking of passenger vehicles incident to the business conducted on the property. No commercial repair work or any services of any kind shall be conducted on such parking areas.

1 space for each 1.5 employees including personnel on the next succeeding shift. 1 space for each managerial employee. 1 visitor space for each twenty (20) employees, each space ten (10) feet wide.

[j] Lighting – Area lighting shall be arranged so that the direct source of lighting is away from adjacent streets and residential districts.

(k) Loading and Unloading – For each industry, at least one (1) loading and unloading space shall be provided. Loading and unloading space shall be located in other than the front yard.

[1] All buildings constructed in the Park shall conform to the standards specified in currently applicable city building code(s) as enforced by the City and to the health and zoning regulations of such other public agencies as may have jurisdiction.

[2] All buildings in the Park shall be constructed of materials presenting an appearance which will establish and maintain a high level of aesthetic quality in the visual environment.

[a]. Suitable materials include masonry; concrete; preassembled and site assembled masonry and concrete systems; metal panel systems; plaster, stucco and similar finish materials; heavy timber construction; and other materials deemed suitable by the Architectural Review Committee.

[b]. All buildings shall be subject to review and approval by the Architectural Review Committee for compatibility of the scale, color, and texture of materials with other buildings in the Park.

[m] Utility Easements – All dedicated utility easements as shown on the plat shall be kept free of all structures, and the removal of any obstruction by a utility company shall in no way obligate the utility company for damages or to restore the obstruction to its original form.

6. PERFORMANCE STANDARDS All of the following minimum standards must be complied with:

(a)Discharges, Noise and Vibration – All fire and explosion hazards; radioactivity; smoke, fumes, gases, dust, and odors; vibration; noise; and liquid or solid wastes will meet all regulations administered by OSHA, as well as other local, state and federal regulations.

(b)Site Drainage – No driveways, walks, parking areas, etc. may be constructed across any drainage ditch, channel or swale without providing adequate culverts or waterway openings for natural drainage. Such culverts, etc., shall provide the minimum waterway opening and shall be at the proper gradient as established in the City. No rain or storm water runoff or such drainage as roof water, street pavement and surface water caused by natural precipitation or ground water from footing or foundation drains or other subsurface water drainage shall at any time be discharged into or permitted to flow into the sanitary sewer system, which shall be a separate sewer system from the storm water and surface water runoff system. No sanitary sewer shall at any time be discharged or permitted to flow into the above-mentioned storm water, surface and subsurface system. The storm water and surface water run-off system must be designed by a registered professional engineer and approved by the City.

7. SIGNS – Signs are permitted in the Park as hereinafter regulated, provided that no sign shall be permitted which is not accessory to the business conducted on the property, and then only if the following requirements are complied with:

(a) Business signs may be erected providing the sum area of all signs does not exceed two (2) square feet per linear foot of building(s) frontage. The total area of business signs shall not exceed 100 square feet. Such signs shall be attached to the principal building and shall not extend above the roof line.

(b) In addition to building signs, each separate lot may have one (1) freestanding nameplate sign which is accessory to the business conducted on the premises. Any freestanding nameplate sign as permitted by this section must meet all of the following requirements:

[1]Except for a common sign at any entry point to the Park, the height of a sign shall not exceed four (4) feet.

[2]No freestanding nameplate sign shall be nearer than five (5) feet from an abutting street right –of-way or property line.

[3]Except for a common sign at any entry point to the Park, the area of a sign shall not exceed twenty (20) square feet.

[4]In the event there is more than one (1) tenant in the business building, each tenant is entitled to one (1) nameplate sign attached to the freestanding sign provided. However, each nameplate sign shall be of uniform dimensions and lettering.

(d)Obstruction of Vision – On a corner lot, within the triangular area formed by the centerlines of each street at distance of ninety (90) feet from the centerline of the intersection, there shall be no sign, bush, or other obstruction of vision in excess of three (3) feet in height above the centerlines of the pavements at these points. A permitted exception is the primary park sign.

(e)If there is a conflict with the sign ordinance of the City of Atmore, the more restrictive rule shall prevail.

8. SITE PLAN APPROVAL Prior to construction or alteration of any building or improvement on a building lot, three (3) sets of site plans and specifications for such building or alteration shall be submitted to the City and written approval of such plan by the City shall be proof of compliance with these restrictions; provided, however, that if the City fails to approve or disapprove such plans and specifications within sixty (60) days after such plans have been submitted to it, such approval shall not be required. Site plans shall contain the following information:

(a)The site plans shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet and shall show the following:

[4] Location of off-street parking areas with dimensions showing parking spaces, access drives, traffic circulation and the location and description of any lighting in connection with the parking area. This includes the location and dimensions of all loading and unloading docks and area.

[[8] All landscaping, fences, walls, trash receptacles, or similar facilities to be provided.

(b)If the site plan is rejected by the City or the Architectural Review Committee, the applicant shall remedy any and all elements in the plan prior to further consideration.

(a) Two (2) copies of all plans and related data shall be submitted to the Architectural Review Committee. Approvals shall be dated and shall not be effective for construction commenced more than twelve (12) months after such approval. Disapproved plans and related data shall be accompanied by a reasonable statement of the items found unacceptable. In the event approval of such plans is neither granted nor denied within thirty (30) days following receipt by the Architectural Review Committee of the written request for approval, such approval shall not be required. Refusal or approvals of plans, site location, building height or specifications may be based by the Architectural Review Committee upon any ground which is consistent with the objectives of these covenants, including purely aesthetic considerations, so long as such ground is not arbitrary or capricious.

(b)No construction whatsoever shall be commenced until the party proposing to undertake such construction shall have obtained all construction and work permits necessary from all governmental agencies having jurisdiction over any aspect of such construction.

10. SUBDIVIDING All unoccupied lots indicated on the master plan for the Park are unrecorded and can be modified to suit the requirements of the tenant.

11. RECAPTURE If , after the expiration of one (1) year from the date of execution of a sale contract agreement on any part, parcel, tract, tracts, or lot, any purchaser shall not have begun in good faith the construction of any acceptable building upon said part, parcel, tract, tracts, or lot, the City retains the option to refund the purchase price and enter into possession of the land or may extend in writing the time in which such building may be begun.

12. RESALE RIGHTS Each owner of property subject to these restrictions agrees that if it receives a bona fide offer to buy any unimproved property located within this Park, it will, before consummating such sale, present to the City in affidavit from the terms and conditions of such proposed sales; and the City reserves the right to purchase said property within thirty (30) days thereafter upon the same terms and conditions as may be contained in such bona fide offer made to the purchaser by any third party.

13. TERMINATION All conditions, limitations, and easements herein shall terminate and be of no further force or effect on January 1, 2035, provided that at any time the owners of a majority of the acreage in said Park, exclusive of roadways, may by written declaration signed by them and recorded in the Deed Records of Escambia County, Alabama, alter, amend or extend such restrictions, conditions, and covenants, and this right to so alter, amend or extend shall exist as long as the then owners of a majority of the acreage, exclusive of roadway, in said Park desire. The mere lapse of time shall not affect or alter the application of this section.

14. ENFORCEMENT & INVALIDATION The City or any of its grantees or lessees in the Park may enforce these covenants by injunctive process or may utilize any other available legal remedy in these premises. Invalidation of any of these protective covenants by legal process in no way affects any of the other covenants which shall remain in full force and effect.

(1) Accessory building. Any building other than the building that is primary to the operation of the business (principal building)

(2) Owner. Shall mean and refer to the record owner, including the City, of fee simple title to any lot or property located within the Property, whether a corporation, partnership, proprietorship, association, or other entity of any nature, including natural persons; but shall not include (a) any Mortgagee unless and until such Mortgagee has foreclosed on its Mortgage and purchased such Lot at the foreclosure sale held with respect to the foreclosure of such Mortgage, or (b) any lessee, purchaser, contract purchaser, or vendor who has an interest in any Lot solely by virtue of a lease, contract, installment contract, or any other agreement.

(3) Lot. The term “Lot” shall mean and refer to any unimproved portion of the Property other than a designated Common Area or a publicly dedicated street upon which it is intended that an improvement shall be placed. A parcel of land shall be deemed an Unimproved Lot until the improvements constructed thereon are sufficiently complete to permit the issuance of a Certificate of Occupancy therefore. Upon such issuance, such Lot and Improvements thereon shall collectively be considered to be an Improved Lot for purposes of this Declaration.

(4) Sign. Shall mean and refer to any structure, device, or contrivance, electric or non-electric or mechanical, upon or within which any poster, bill, bulletin, printing, lettering, painting, device, or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed.

(5) Covenant. The term “Covenant” shall mean and refer to any and all easements, covenants, conditions, restrictions, standards, procedures, charges, liens, and regulations set forth in this Declaration.