HomeMy WebLinkAboutMidport America-10/25/2010STATE OF IOWA
DECLARATION
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BLACK HAWK
THIS DECLARATION is made by the City of Waterloo, Iowa, a municipal corporation
(hereinafter called "City"), doing business as MidPort America (when acting in such capacity the City
may hereinafter be referred to as the "Developer").
RECITALS
A. The City is the present Owner of that certain real property described in Exhibit "A"
attached hereto and incorporated herein by reference. It is the desire and intention of the Developer to
develop all of the property described in Exhibit "A", beginning with the development of that portion
thereof more particularly described as MidPort America Park Plat No. 3 (hereinafter called the "Initial
Tract").
B. It is the desire and intention of Developer to subject and impose upon the Initial Tract
(and such other portions of the property described in Exhibit "A" as may be from time to time added to
the scheme of this Declaration pursuant to the provisions of Article VI below) certain conditions,
covenants, restrictions and reservations hereinafter set forth for the purpose of insuring the proper use
and appropriate development and improvement of same.
NOW, THEREFORE, the Developer, joined by the City, hereby declares that the Initial Tract
(and such other portions of the property described in Exhibit "A" as may be from time to time designated
by Developer in accordance with the provisions of Article VI below) is held and shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied and improved subject to the conditions,
covenants, restrictions, reservations, charges and liens hereinafter set forth.
ARTICLE I
DEFINITIONS AND PURPOSES
Section 1.01 Definitions. The following words, when used in this Declaration and any
Supplementary Declaration (defined in Article VI below), unless the context shall prohibit, shall have
the following meanings:
(a) "Property" shall mean the Initial Tract described as MidPort America Park Plat No. 3,
together with any additional real estate lying within the boundaries set out in Exhibit
"A" attached hereto and incorporated herein by reference which may hereinafter be
made subject to the conditions, covenants, restrictions and reservations of this
Declaration pursuant to any Supplementary Declaration filed by the Developer in
accordance with Article VI below, whether or not such additional real estate is owned
by Developer on the date hereof.
(b) `Building Site" or "Site" shall mean any plot of land, the size and dimensions of
which shall be established by the legal description in the original conveyance from
Developer to the first fee Owner of said plot of land other than Developer. A
Building Site or Site may also be established by the Developer by an instrument in
writing executed, acknowledged and recorded by the Developer which designates a
plot of land as a Building Site for purposes of this Declaration. If two or more
contiguous Building Sites, as defined above, are acquired by the same Owner in fee,
such commonly owned contiguous Building Sites may, at the option of said Owner,
be combined and treated as a single Building Site for purposes hereof.
(c) "Common Areas" shall mean and refer to the medians within public streets dedicated
by the City or Developer within the Property and to the entry ways into the Property.
(d) "Developer" shall mean the City of Waterloo doing business as MidPort America and
its successors, and "Developer" shall also include any person or entity to which
MidPort America may assign (by specific assignment) its rights and duties under this
Declaration as such assignment is contemplated by Section 8.05 below.
(e) "Owner" shall mean the party or parties owning fee title to any land (exclusive of
Common Areas) within the Property. In the event an Owner of any Building Site
consists of more than one person or entity, such persons shall within thirty (30) days
after the date of their acquisition of any Building Site, execute and deliver to the
Developer a written instrument, including a power of attorney appointing and
authorizing one individual or entity as their agent to receive all notices and demands
required to be given pursuant to the terms and provisions of this Declaration, to
execute any and all documents, consents and instruments required under the terms and
provisions of this Declaration and to cast all votes and to take any and all actions
required or permitted to be taken by them under the terms and provisions of this
Declaration. The Owner may change its designated agent by written notice to the
Developer, but such change shall be effective only after actual receipt of the notice by
Developer.
Section 1.02 Purpose. The Property is hereby made subject to the conditions, covenants,
restrictions and reservations contained herein, all of which shall be deemed to run with the Property and
each and every parcel thereof, to insure proper use and appropriate development and improvement of
said Property so as to (a) protect the Owners (and their tenants) against the improper development and
use of acreage within the Property; (b) prevent the erection within the Property of improvements
constructed of improper or unsuitable materials or with improper quality and methods of construction;
(c) insure adequate and reasonably consistent development of the Property; (d) encourage and insure the
erection of attractively designed permanent improvements appropriately located within the Property in
order to achieve harmonious appearance and function; (e) provide adequate off-street parking and
loading facilities; and (f) generally promote the welfare and safety of the Owners, tenants and occupants
of acreage within the Property.
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ARTICLE H
MAINTENANCE OF COMMON AREAS
Section 2.01 Maintenance of Common Areas. The Common Areas shall be attractively
landscaped and maintained for the common benefit of the Owners and at the Owners' expense. All
landscaping and maintenance shall be done at the direction and under the supervision of the Developer
in accordance with landscaping plans and maintenance standards approved by the Architectural Review
Committee established pursuant to Section 4.01 of this Declaration.
Section 2.02 Covenants for Assessments. The Developer for all of the Property (exclusive of
Common Areas) covenants to pay, and each subsequent Owner of any portion of the Property (including
any purchaser at any non judicial or judicial sale), by acceptance of a deed or other instrument of
ownership transfer for such portion of the Property, whether or not it shall be so expressed in any such
deed or other instrument of ownership transfer, shall be deemed to covenant and agree to pay to the
Developer, any annual assessments or charges and any special assessments for improvement or
maintenance of the Common Areas to be fixed, established and collected from time to time as
hereinafter provided.
Section 2.03 Purpose of Assessments. The annual and special assessments provided for
herein shall be levied, collected and administered by the Developer and shall be used exclusively for the
improvement and maintenance of the Common Areas, including, but not limited to, the reasonable cost
of taxes, insurance, labor, equipment, materials, management, maintenance and Developer's reasonable
administrative costs associated with the supervision thereof. All sums received by the Developer
pursuant to the annual or special assessments hereunder shall be segregated by the Developer from its
general funds and held in trust for the benefit of the Owners and for the purposes and uses designated
herein. The Developer shall maintain appropriate records of all expenditures of funds and all
assessments with regard to the Common Areas, which records shall be open for inspection by any Owner
during normal business hours upon reasonable notice and at said Owner's cost and expense.
Section 2.04 Annual Assessments. The Developer shall determine the amount of each
calendar year's annual assessment based on the reasonably projected financial needs for upkeep and
maintenance of the Common Areas for that calendar year, and the Developer's determination shall be
final and binding on all Owners (absent fraud or bad faith by Developer); provided, however, that except
as hereinafter provided, the total annual assessment for the calendar year 2010 (excluding any special
assessment for capital improvements or major repairs within the Common Areas) shall in no event
exceed an amount equal to $200.00 times the total number of acres of land (exclusive of Common
Areas) within the Property.
The limit on the maximum amount of annual assessments may be increased by the Developer to
cover the actual cost of maintenance and upkeep of the Common Areas by written notice to the Owners,
unless disapproved by a vote of the Owners other than Developer (if Developer is an Owner) owning a
majority of the acreage (exclusive of Common Areas and any acres owned by Developer) within the
Property, to cover the actual cost of maintenance and upkeep of the common areas voting in person or by
proxy at a meeting duly called for such purpose within ninety (90) days after notice of such increased
limit, written notice of which meeting shall be given to all Owners at least thirty (30) days in advance
and shall set forth the purpose of the meeting. However the Owners other than the Developer shall have
no right to disapprove an increase which is reasonable and necessary for the proper maintenance of the
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Common area. Any such increase in the limitation on maximum annual assessment shall remain in effect
for all future calendar years. The Developer may not accumulate a surplus at the end of any calendar
year which is more than two times the maximum permissible annual assessment for that calendar year.
Should any excess surplus (as defined above) exist at the end of any calendar year, the Developer shall
reduce the next total annual assessment by an amount at least equal to said excess surplus.
Section 2.05 Special Assessments. In addition to any annual assessments, the Developer may
at any time levy a special assessment for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, unexpected repair or replacement of a capital improvement within the
Common Areas, including the necessary fixtures and personal property related thereto; provided that any
such special assessment shall not become effective if disapproved by Owners owning a majority of the
acreage (excluding Common Areas) within the Property, voting in person or by proxy at a meeting duly
called for such purpose within ninety (90) days after the notice of the special assessment, written notice
of which meeting shall be given to all Owners at least thirty (30) days in advance and shall set forth the
purpose of the meeting.
Section 2.06 Due Date of Assessments.
(a) The annual assessment under Section 2.04 hereof shall be due and payable on January
1st of each year and delinquent if not paid by January 31st of each year.
(b) The due date of any special assessment under Section 2.05 hereof shall be as fixed by
the Developer in the notice of special assessment sent to the Owners.
Section 2.07 Apportionment of Assessment. Any annual or special assessment through the
calendar year 2010 shall be paid solely by Developer. Beginning January 1, 2011, and continuing each
year thereafter, any annual or special assessment shall be allocated pro rata among the Owners in
accordance with the amount of acreage owned. An Owner's share of the assessment shall be determined
by multiplying the total amount of the assessment by a fraction having as its numerator the acreage
owned by that Owner within the Property and having as its denominator the total acreage (exclusive of
Common Areas) located within the Property.
Section 2.08 Owner's Personal Obligation for Payment of Assessments. The annual and
special assessments provided for herein shall be the personal and individual debt of the Owner of the
property covered by such assessments. No Owner may exempt himself from personal liability for such
assessments. In the event of default in the payment of any such assessment, the Owner of the property
shall be obligated to pay interest at the annual interest rate stated below on the amount of the assessment
from the due date thereof, together with all costs and expenses of collection, including reasonable
attorneys' fees. The Developer shall have the right to bring suit against the Owner to recover a money
judgment for these amounts (i.e., the assessment plus interest, costs and reasonable attorneys' fees)
without foreclosing or waiving the liens securing same as provided for in Section 2.09 below. The
annual interest rate shall be a rate equal to three percent (3%) over the prime interest rate being charged
by local banks as announced from time to time by local banks from the due date until paid, but not to
exceed the maximum rate of interest which Developer may lawfully charge.
Section 2.09 Assessment Lien and Foreclosure. All sums assessed in the manner provided in
this Article but unpaid, together with interest thereon and the cost of collection, including attorneys' fees
as provided above, shall become a continuing lien and charge (the "Assessment Lien") on the property
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covered by such assessment, which shall bind such property in the hands of the Owner, and his heirs,
devisees, personal representatives, successors and assigns. The Assessment Lien shall be superior to all
other liens and charges against the said property, except only for ad valorem tax liens and all sums
unpaid on a mortgage lien or deed of trust lien of record, securing in either instance sums borrowed for
the acquisition or improvement of the property in question. The Developer shall have the power to
release the Assessment Lien or to subordinate it to any other lien, and such power shall be entirely
discretionary with the Developer. To evidence the Assessment Lien, the Developer shall prepare a
written notice of assessment lien setting forth the amount of the unpaid indebtedness, the name of the
Owner of the property covered by such lien and a description of the property. Such notice shall be
signed by the Developer and shall be recorded in the office of the Recorder of Black Hawk County,
Iowa. The Assessment Lien shall attach with the priority above set forth from the date that such
payment becomes delinquent as set forth in Section 2.06 above. Subsequent to the recording of a notice
of assessment lien as provided above, the Developer may institute suit against the Owner to foreclose the
Assessment Lien judicially, and in addition, seek a personal judgment against the Owner for the amount
of the unpaid assessment plus accrued interest thereon, all such remedies being cumulative. In any such
suit or proceeding, the Owner shall be required to pay the costs, expenses and reasonable attorneys' fees
incurred by the Developer. The Developer shall have the power to bid on the property at foreclosure or
other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the
written request of any mortgagee holding a lien on any part of the property, the Developer shall report to
said mortgagee any unpaid assessments remaining unpaid on that property for longer than thirty (30)
days after the same are due. Also, any mortgagee holding a lien on any part of the property affected by
the Assessment Lien may, but shall not be required to, pay any unpaid assessment, and upon such
payment such mortgagee shall be assigned the debt and lien securing same, said assignment to be
without recourse or warranty.
Section 2.10 Common Areas Exempt. All Common Areas as defined in Article I,
Section 1.01 hereof, and all portions of the Property owned by or otherwise dedicated to any political
subdivision shall be exempted from the assessments and lien created herein.
ARTICLE III
BUILDING SITE MAINTENANCE
Section 3.01 Duty of Maintenance. Each Owner and occupant (including a tenant) of any
Building Site shall jointly and severally have the duty and responsibility, at their sole cost and expense,
to keep that Building Site so owned or occupied, including buildings, improvements, private drives,
easement areas and grounds in connection therewith or appurtenant thereto (specifically including the
parkway area between the property line and any adjacent street curb), in a well-maintained, clean, neat,
wholesome and attractive condition at all times and shall comply in all respects with all applicable
governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance
requirements shall include, but are not limited to, the following:
(a) All rubbish, trash, garbage, litter, refuse and other waste shall be stored in clean and
sanitary solid waste receptacles and shall be promptly removed from the Building Site
prior to its accumulation.
(b) All exterior lighting and mechanical facilities shall be kept in good working order.
(c) All parking areas shall be striped and all parking areas, driveways and roads kept in
good repair.
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(d) All exterior damage to any improvements shall be promptly repaired and the exterior
of all improvements shall be repainted as needed.
(e) All lawn areas shall be timely mowed and edged a minimum of once a week during
the growing season as needed to keep an even, well-groomed appearance; shall be
watered and fertilized at such times and in such quantities as required to keep the
grass alive and attractive; and shall be kept free of weeds.
(f) All trees, shrubs, plants and ground covers shall be timely and properly trimmed
(including the removal of deadwood therefrom) according to their plant culture and
the landscape design and shall be watered and fertilized at such times and in such
quantities as required to keep them alive and attractive. Any dead tree, shrub, plant or
ground cover shall be removed and replaced seasonably. All bed areas shall be kept
free of weeds and cultivated periodically as needed.
Section 3.02 Enforcement of Maintenance Duties. If, in the opinion of the Developer, any
Owner has failed in any of the foregoing obligations or duties, then the Developer may give the Owner
written notice of such failure and the Owner must within ten (10) days after receiving such notice,
perform the obligation or duty required. Should any Owner fail to fulfill this obligation or duty within
such period, then the Developer through its authorized agent or agents shall have the right and power to
enter onto the premises and perform such obligation or duty without any liability for damages for
wrongful entry, trespass or otherwise to any person. Each Owner of any Building Site on which such
work is performed shall be liable for the cost of such work and shall promptly reimburse the Developer
for such cost. If such Owner shall fail to reimburse the Developer within ten (10) days after receipt of a
statement for such work from the Developer, then said indebtedness shall be a debt of Owner and shall
constitute a lien against the Building Site on which said work was performed. This debt shall bear
interest and be subject to the costs as provided for in Section 2.08 above and shall be collectable in the
same manner as provided for therein. Similarly, the lien referred to herein shall have the same attributes
as the Assessment Lien set forth in Section 2.09 above, which provisions are incorporated herein by
reference, and the Developer shall have identical powers and rights with respect to said lien as it has
with respect to the Assessment Lien described in Section 2.09, including but not limited to the right to
release, subordinate or foreclose same.
ARTICLE IV
ARCHITECTURAL CONTROL
Section 4.01 Architectural Review Committee. There is hereby established an Airport
Development Committee (the "Committee"), which shall consist of seven (7) members, all of whom
shall be natural persons. The vote of four (4) members shall constitute action of the Committee. The
members of the Committee shall be the members of the Waterloo Airport Board.
Section 4.02 Function of the Committee. The Committee shall have the sole authority and
responsibility to approve and regulate the design and construction of all Improvements (as that term is
defined in Section 4.03 below) within the Property so as to assure compliance with the intent and
purpose of this Declaration. All Improvements shall be designed and constructed strictly in accordance
with the plans and specifications approved by the Committee; and no Improvement shall be commenced
until the plans and specifications for same (in such form, content and detail as the Committee may deem
necessary) have been submitted to and approved by the Committee, which approval shall not be
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unreasonably withheld. Approval of plans and specifications shall be based, among other things, on the
adequacy of Site dimensions, structural design, conformity and harmony of the external design with
neighboring structures and Sites, the relation of finished grades and elevations to neighboring Sites, and
conformity to both the specific and general intent of this Declaration. The Committee shall have the right
to employ, at Developer's expense (or at the expense of the person or entity having the right to appoint
the Committee if Developer has relinquished said right), professional consultants to assist it in
discharging its duties. Any decision of the Committee in its areas of responsibility shall be final,
conclusive, and binding upon all Owners and their tenants.
Section 4.03 Definition of "Improvement." An "Improvement" shall mean and include all
land preparation or excavation, landscaping, buildings, structures, parking areas, trackage, fences, walls,
hedges, mass plantings, poles, driveways, ponds, lakes, signs, glazing or reglazing of exterior windows
and any other construction which affects the exterior color or appearance of any building or structure.
The term "Improvement" specifically includes both original improvements and all later changes or
alterations which would substantially change the original submittal that was previously approved. Minor
alterations that do not materially or visually change the architectural character of the original submittal
are not required to be resubmitted. An Improvement does not, however, include garden shrub or tree
replacements or any other replacement or repair of any magnitude which ordinarily would be expensed
in accounting practice and which does not materially change exterior colors or appearances.
Section 4.04 Submission of Plans and Specifications. Plans and specifications submitted
shall be in triplicate and shall include the following:
(a) A statement regarding the proposed use of the building.
(b) A grading plan showing existing contour grades (in 2 -foot contour intervals), finished
spot grades, building finished floor elevation, and the location of all improvements,
structures, walks, curbs, patios, driveways, fences and walls. Existing and finished
grades shall be shown at lot comers and at corners of proposed improvements. Lot
drainage provisions, including any storm sewer locations, shall be indicated as well as
cut and fill details if any changes occur in the finished lot contour at any exterior
boundary of the plat.
(c) A site plan showing the location of all improvements, structures, walks, curbs, patios,
driveways, fences, walls, all parking areas with number and size of parking spaces,
trash receptacle location, required fire lanes, site ingress and egress, and the location
of all truck doors, rail doors, personnel doors, entry doors, exterior glass or windows
and any other opening in the building.
(d) A soil report, if applicable.
(e) A structural design, if applicable.
(f) A roof drainage plan.
(g) All exterior elevations.
(h) All exterior materials, textures and shapes.
(i) Screening sizes, shapes, locations, methods and materials.
(j) A landscaping plan, including walkways, fences, walls, elevation changes, water
features, vegetation and ground cover. Plans shall include plant material list, spacing
and sizes.
(k) An irrigation plan showing area coverages and manufacturer's name and equipment
type, if applicable.
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(1) Utility connections, utility easements, location of any above ground equipment and
proposed screening. Utilities are defined as telephone, gas, electrical, sanitary sewer
and water or storm sewer.
(m) Exterior paint, material and colors for all improvements, structures, signs, screening,
fence and walls.
(n) Exterior illumination, including location and fixture type.
(o) A rail spur plan if applicable.
(p) Sign (including any building marketing and tenant identification sign) sizes, shapes,
locations and materials.
(q) Specifications.
(r) A detailed list of all requested waivers or variances.
(s) Such other information as may be requested by the Committee.
The Committee shall require the above submittals only as reasonably necessary or needed for
review of later improvements from the original submittal for the initial construction.
The Committee may at its sole discretion permit plans and specifications to be submitted in
scheduled phases and may, but shall not be required to, give conditional or partial approvals to plans or
specifications; provided, however, no permitted delay in the submission of plans or specifications and no
conditional or partial approval shall in any way obligate the Committee to any subsequent or additional
approval, waiver or variance.
Section 4.05 Form of Committee Action. All actions of the Committee, including approval of
plans and specifications and the granting of waivers or variances, shall be in writing, signed by at least
one member of the Committee. Any approval, waiver or variance in any form other than as set forth in
the immediately preceding sentence shall not be binding on the Committee or the Developer. However,
if the Committee fails either to approve or to disapprove an Owner's plans and specifications (including
resubmission of disapproved plans and specifications which have been revised) within forty-five (45)
days after they have been submitted to it (provided that all required information has been submitted), it
shall be conclusively presumed that said plans and specifications have been approved; subject, however,
to the conditions, covenants, restrictions and reservations contained elsewhere herein. The Committee
shall notify the Owner in writing upon receipt of all required plans and specifications and the aforesaid
forty-five (45) day period shall commence on the date of such notification.
Section 4.06 Limitation of Liability. Neither the Developer, the Committee nor any of the
members of such Committee shall be liable in damages or otherwise to anyone submitting plans and
specifications for approval or to any Owner of land affected by this Declaration by reason of mistake of
judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or
failure to approve or to disapprove any plans and specifications. Further, the construction of any
Improvement shall be the sole responsibility of the Owner, and any recommendation with respect to any
plans or specifications or the means or method of construction made by the Committee or any member
thereof shall not alter the Owner's responsibility for the safe and proper design and construction of said
Improvement; nor shall it give rise to any claim by anyone against the Developer or Committee or any
member thereof for any defect in design or construction of any Improvement.
Section 4.07 Enforcement by Committee. No Improvement shall be constructed, erected,
placed, altered (by addition or deletion), maintained or be permitted to remain on any Site except in
accordance with plans and specifications which have been approved by the Committee. Any
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Improvement not designed and constructed in accordance with plans and specifications approved by the
Committee shall conclusively be deemed in violation of this Declaration and shall be removed or
corrected by the Owner to the satisfaction of the Committee. In addition to any other remedy provided
for in this Declaration, the Developer may bring suit to enjoin the commencement or continuance of
construction of any Improvement for which the Committee has not approved plans and specifications
and may also bring suit to enjoin the continuance of construction of any Improvement that is not being
constructed in accordance with plans and specifications previously approved by the Committee.
ARTICLE V
REGULATION OF USE AND IMPROVEMENTS WITHIN
THE INITIAL TRACT
Section 5.01 Property Involved. The provisions of this Article V shall apply only to Building
Sites within the Initial Tract, which for purposes of this Declaration shall be identified as Area One,
Section One.
Section 5.02 Permitted Uses. Sites within the Initial Tract may be used only for office, office -
showroom, office -warehousing, warehousing, assembling, processing, light manufacturing, wholesaling,
research and development and distribution purposes. Further, upon written approval of the Committee,
the Sites within the Initial tract may be used for other commercial uses compatible with and ancillary to
the aforementioned uses (including, but not limited to, banks, retail shops, gasoline service stations,
hotels, restaurants, etc.)
Section 5.03 Prohibited Uses. The following use of Sites within the Initial Tract are
prohibited:
(a) Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution,
or which constitutes a nuisance or which is hazardous by reason of fire or explosion,
or injurious to the reputation of any Site in the Initial Tract.
(b) Any use which is in violation of the laws of the United States, the State of Iowa, or
any other governmental authority having jurisdiction over the Initial Tract.
(c) Overnight parking of campers, mobile homes, boats, or motor homes, except that such
parking is permitted in covered or enclosed areas.
(d) Any use which involves the raising, breeding, or keeping of any animals or poultry.
(e) Drilling, mining, exploring or producing oil, gas or other materials.
(f) Uses not otherwise permitted in Section 5.02 above.
Section 5.04 Building Setback Lines. No building or other structure or any part thereof shall
be erected or placed within the following setback lines:
(a) One hundred feet (100') from the right-of-way of MidPort Boulevard.
(b) Forty feet (40') from any other street right-of-way.
(c) Twenty feet (20') from the side and rear property line.
(d) Seventeen feet (17') from the right-of-way line of any railroad drill or lead track.
(e) Above -ground locations of incidental utility structures, signs, lighting, etc., will be
reviewed and approved by the Committee.
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Section 5.05 No Subdivision of Sites. No Building Site shall be subdivided or resubdivided
unless specifically approved by the Developer.
Section 5.06 Parking. Parking shall be governed as follows:
(a) Adequate off-street parking shall be provided by each Owner. If parking needs
increase, additional off-street parking shall be provided by the Owner. No parking
shall be permitted on any street or at any place other than on the on-site paved parking
spaces to be provided by the Owner of a Building Site. Each Owner and tenant shall
be responsible for compliance with the foregoing by his employees and visitors.
(b) The location, number and size of parking spaces shall be subject to the approval of the
Committee. Unless increased or decreased by the Committee, each Building Site
shall have a minimum of 1.3 parking spaces for each employee on the maximum
working shift plus a reasonable number for the expected number of visitors.
(c) All parking areas shall be paved with asphaltic or portland cement concrete having the
strength and durability equal to that recommended by a certified soils report of the
developed parcel.
(d) All parking areas shall be illuminated and use lighting fixtures approved by the
Committee. Said fixtures shall be compatible and harmonious throughout the Site.
(e) No parking area shall be located within the following setback lines:
(1) Fifty feet (50') from the right-of-way of MidPort Boulevard and twenty five.
(2) Twenty feet (20') from any other street right-of-way.
(3) Ten feet (10') from any side property line.
(4) Ten feet (10') from any rear property line.
Section 5.07 Loading & Receiving Areas. Loading and receiving areas shall be governed as
follows:
(a) All loading and receiving areas shall be paved with portland cement concrete having
the strength and durability equal to that recommended by a certified soils report of the
developed parcel.
(b) As much as feasible, all loading and receiving areas shall be screened from view from
public streets by means and materials approved by the Committee.
(c) No loading or receiving area shall be allowed to face any public street except by
written approval of the Committee and providing that such areas cannot be located
within one hundred fifty feet (150') of the right-of-way of MidPort Boulevard or
Airport Boulevard or within one hundred feet (100') of any other street right-of-way.
Section 5.08 Outside Storage. No materials, supplies, equipment, finished or semi -finished
products or articles of any nature shall be permitted to be stored on any area exterior to the building
without the approval of the Committee. Any permitted outside storage shall be screened from view of
adjoining properties and public streets and shall be located behind the following setback lines:
(a) One hundred feet (100') from the right-of-way of MidPort Boulevard and fifty feet.
(b) Forty feet (40') from any other street right-of-way.
(c) Ten feet (10') from the side and rear property line.
(d) Seventeen feet (17') from the right-of-way line of any railroad drill or lead track.
Temporary construction storage for initial and subsequent improvements shall be allowed. Any
temporary construction storage over twelve (12) months shall be approved by the Committee.
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Section 5.09 Solid Waste Receptacle. Each Building Site shall have a minimum of one
commercial solid waste container. Said commercial waste container shall be maintained in good
mechanical condition. All waste containers shall be emptied as often as necessary so as to prevent such
container from overflowing and at least once every seven days if such container is used for deposit of
garbage or other putrescible material. All open containers or dumpsters must have garbage or
putrescible material bagged or wrapped so as to be air tight before depositing in the waste containers.
When waste containers are in use, lids and doors of such waste containers are to be kept in a closed
position at all times except during times when such container is being emptied or filled. Each waste
container shall be reasonably screened from view from all adjacent property or public streets by means
of permanent landscaping or solid masonry walls at least the height of the waste container and preferably
completely enclosed and located behind the following setback lines:
(a) One hundred feet (100') from the right-of-way of MidPort Boulevard and fifty feet.
(b) Forty feet (40') from any other street right-of-way.
(c) Ten feet (10') from the side and rear property line.
(d) Seventeen feet (17') from the right-of-way line of any railroad drill or lead track.
Any variances to these requirements shall be by approval of the Committee.
Section 5.10 Landscaping. Each Building Site, including portions thereof located within any
setback lines or easement areas and including the parkway area between the property line and any
adjacent street curb, shall be landscaped in accordance with landscaping plans submitted to and
approved by the Committee. Such landscaping plan shall include information regarding the total Site,
scale, type of sodding, seeding, trees, shrubs and plants, their size and locations. The landscape plan
shall provide information regarding other customary landscape treatment for the entire Site, including
fences, walls, drainage and screening. All landscaping shall be undertaken and completed in accordance
with such approved plan and said plan may not be altered, amended or revised without the prior approval
of the Committee. Further, it shall be the responsibility of the Owner of a Building Site to maintain all
landscaped areas of his property including those portions lying within setback lines and easement areas
(unless said area is a designated Common Area) and including the parkway area between the property
line and any adjacent street curb.
All landscaping required hereunder or otherwise to be provided on any Building Site shall be
completed within sixty (60) days after the substantial completion of construction of any building on the
Building Site; provided, however, if weather conditions do not permit installation at such time, then such
landscaping shall be completed as soon thereafter as weather conditions permit. If any Owner fails to
undertake and complete the required landscaping, the Developer may at its option, and after ten (10)
days' prior written notice to said Owner, complete same in accordance with previously approved
landscape plans or if no landscape plans have been approved, in accordance with Developer's own plan
as approved by the Committee. If the Developer performs any landscape work, the Owner of the
Building Site on which such work is performed shall be liable for the cost of such work and shall
promptly reimburse the Developer for such cost. If such Owner shall fail to reimburse the Developer
within ten (10) days after receipt of a statement for such work from the Developer, then said
indebtedness shall be a debt of Owner and shall constitute a lien against the Building Site on which said
work was performed. This debt shall bear interest at the rate and be subject to the costs as provided for
in Section 2.08 above and shall be collectable in the same manner as provided for therein. Similarly, the
lien referred to herein shall have the same attributes as the Assessment Lien set forth in Section 2.09
above, which provisions are incorporated herein by reference, and the Developer shall have identical
11
powers and rights with respect to said lien as it has with respect to the Assessment Lien described in
Section 2.09 including, but not limited to, the right to release, subordinate or foreclose same.
Section 5.11 Signs. Signs shall be governed as follows:
(a) No sign (including, but not limited to, a building marketing sign or a tenant
identification sign) shall be permitted on any Building Site without the prior approval
of the Committee as to size, number, location, design and color. Normally, such
approval will be limited to those signs which:
(1) Identify the name and business of the occupant, or which give directions, or
which offer the premises for sale or for lease.
(2) Are not of an unusual size or shape when compared to the building or
buildings on the premises.
(b) Any permitted sign shall conform to all governmental ordinances and regulations
applicable to same. No post signs shall be allowed unless specifically approved by
the Committee.
(c) No sign shall be located within twenty-five feet (25') of any street right-of-way or
within seventeen feet (17') of any railroad drill or lead track right-of-way line unless
specifically approved by the Committee.
Section 5.12 Utility Connections. All utility connections and installation, including electrical
and telephone, shall be underground. No utility meter or apparatus shall be located on any pole or
attached to the outside of any building wall which is exposed to view from any public street. All
transformers shall be placed on or below the surface of the property and located within the following
setback lines:
(a) Fifty feet (50') from the right-of-way of MidPort Boulevard.
(b) Thirty feet (30') from any other street right-of-way.
(c) Seventeen feet (17') from the right-of-way line of any railroad drill or lead track.
Additionally, if placed on the surface, a transformer shall be adequately screened from view of public
streets and adjoining properties by means and materials approved by the Committee.
Section 5.13 Height Restrictions. No building or appurtenance, including, but not limited to,
water towers, standpipes, penthouses, elevators or elevator equipment, stairways, ventilation fans, or
similar equipment required to operate and maintain any building, fire or parapet walls, skylights, tanks,
cooling or other towers, or wireless radio or television masts or antennas, shall exceed a height equal to
two times the distance from the front building line to the street right-of-way. The maximum building
height in this calculation will be measured as if the finish floor elevation were the same as the top of the
curb elevation at the midpoint of the lot along the front yard of the Site. Roof -mounted equipment shall
be screened from public view and approved by the Committee.
Section 5.14 On -Site Drainage. No water shall be drained or discharged from any Building
Site, except in accordance with grading plans approved by the Committee. Further, no Owner shall
interfere with the drainage established by the grading plan for the remainder of the Property or any other
property adjacent to such Site. All roof drainage shall flow from the roof to the ground through a
downspout interior to the building's outer walls. If exterior downspouts are proposed, their location and
design shall be reviewed by the Committee.
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Section 5.15 Building Exteriors. All materials and their colors shall be approved by the
Committee and shall be one or more of the following:
a. Brick shall be of a size, type, texture, color and placement as shall be approved by the
Committee prior to construction or alteration.
b. Stone shall have a weathered face or shall be polished, fluted or broken face as shall be
approved by the Committee prior to construction or alteration.
c. Concrete masonry shall be those generally described as "Customized Architectural Concrete
Masonry Units" or shall be broken face brick -type units with marble aggregate, in either case
as shall be approved by the Committee prior to construction or alteration. All concrete
masonry units shall be coated with a coating approved by the Committee, and there shall be
no exposed concrete block on the exterior of any building unless approved by the Committee
prior to construction or alteration.
d. Concrete may be poured in place, tilt -up or precast and shall be finished in stone, textured or
coated in a manner as shall be approved by the Committee prior to construction or alteration.
All coating shall be approved by the Committee and shall have a minimum life expectancy of
ten (10) years.
e. Metal siding shall be used only in combination with one of the above materials and upon the
specific approval of the Committee prior to construction or alteration. Only sidings of the
self -weathering type of with a long -life finish (10 years minimum) or listed as an
architectural metal will be considered. A maximum of thirty (30) percent of any one side
may be of metal siding unless given specific approval of the Committee. Buildings over
100,000 square feet are eligible to exceed the thirty (30) percent maximum; however, the
metal siding may not be closer than four feet to the ground.
f. Glass shall be of the type, panel sizes and color specifically approved by the Committee prior
to construction or alteration.
Water towers, storage tanks, processing equipment, stand fans, skylights, cooling towers,
communication towers, solar equipment and any other structure or equipment shall be architecturally
compatible with the building or shielded from view from any public street by means and materials
approved by the Committee.
Section 5.16 Driveways. The following shall govern driveways serving a Building Site:
(a) Driveways onto and off of MidPort Boulevard shall not be located within one hundred
sixty feet (160') of an intersecting street, unless the traffic on the side of MidPort
Boulevard where the driveway is located is moving away from the intersection, in
which case, the driveway shall not be located within sixty feet (60') of the
intersection. Driveways onto and off of other streets shall be located no closer than
sixty feet (60') to the corner of an intersecting street. Distances shall be measured
from the tangency line of the curb radius to the tangency line of the closest driveway
curb radius.
(b) All driveways shall have a minimum radius of twenty feet (20') and a maximum
width of forty feet (40').
(c) No more than two curb cuts onto each adjacent street shall be permitted on any Site.
(d) All driveways opening onto streets with medians shall be centered on the center of the
median opening unless it is offset by one hundred feet (100') or more.
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(e) The driveway approach shall be paved with portland cement concrete having a
strength and durability equal to that recommended by a certified soils report of the
developed parcel. The driveway beyond the approach can be constructed of asphaltic
or portland cement concrete.
Section 5.17 Exterior Lighting. Exterior lighting shall be governed as follows:
(a) All exterior building lighting shall be from non -apparent sources and shall be
designed, installed, directed, altered and maintained in accordance with plans and
specifications submitted to and approved by the Committee.
(b) All exterior lighting shall be compatible and harmonious throughout the Property and
shall be in keeping with the specific function and building type being served.
Section 5.18 Approvals, Waivers and Variances. It is the intent of this Declaration that the
regulation of Sites within the Initial Tract as set forth in this Article V be strictly adhered to.
Notwithstanding that intent, it is recognized that particular circumstances may from time to time and on
a case-by-case basis necessitate the waiving or varying of certain of the requirements set out in this
Article V. Therefore, for good cause shown, the Committee may, in its sole discretion, and on a case-by-
case basis waive or vary the requirements and standards set forth in this Article V so long as such waiver
or variance does not violate the overall scheme and intent of this Article V. Any waiver or variance,
when granted, shall be final and binding upon all Owners. The granting of a waiver or variance to one
Owner shall not automatically entitle another Owner to the same waiver or variance, it being understood
that each request for a waiver or variance shall be treated on its own merits. Further, the granting of a
waiver or variance to an Owner shall not automatically. entitle that Owner to any subsequent or
additional waiver or variance. All approvals, waivers and variances by the Committee shall be in writing
and signed by at least one member of the Committee and, if requested by the applicant, shall be in
recordable form. Any approval, waiver or variance in any form other than as set forth in the immediately
preceding sentence shall not be binding on the Committee or the Developer.
ARTICLE VI
EXTENSION OF DECLARATION TO INCLUDE ADDITIONAL PROPERTY
Section 6.01 Means of Extending this Declaration to Additional Property. The Developer
may add to the scheme of this Declaration any additional property located within the boundaries set out
on Exhibit "A" attached hereto and incorporated herein by reference, whether or not the property to be
added is contiguous to other properties covered by this Declaration. This may be done by the Developer
filing a Supplementary Declaration (herein so called) in the office of the Recorder of Black Hawk
County, Iowa, at which time the scheme of this Declaration shall be extended to the property so added.
The property so added shall then come within the definition of "Property" as set forth in Article I,
Section 1.01 hereof.
Section 6.02 Contents of a Supplementary Declaration. Each Supplementary Declaration
shall include a legal description of the property so added and shall designate that property with the term
"Area" followed by an Arabic numeral and "Section" followed by another Arabic numeral so as to
differentiate each respective Area and Section from other Areas and Sections within the Property. Each
Supplementary Declaration shall also contain covenants and restrictions to which the added property
shall be subject. Such covenants and restrictions may contain additions, deletions and modifications
14
from those contained in Article V of this Declaration as may be necessary to reflect the different
character or use, if any, of the added property. In no event, however, shall such Supplementary
Declaration revoke, modify or in any way change the provisions of the other Articles hereof, nor shall
any Supplementary Declaration revoke, modify or add to the covenants established by Article V of this
Declaration nor revoke, modify or add to the covenants established by any previously filed
Supplementary Declarations within previously designated Areas and Sections.
Section 6.03 Developer's Right to Exempt Additional Property. At any time prior to the
time a property has been added to this Declaration, the Developer may, at its sole and unimpaired
discretion, exempt that property from being subject to being added to this Declaration. This shall be
done by Developer filing in the office of the Recorder of Black Hawk County, Iowa, a written instrument
describing the property to be exempted and stating that said property shall not thereafter be subject to
being added to the scheme of this Declaration. Upon such filing no person (including the Developer)
shall have the right to add to this Declaration the property so exempted without the prior written consent
of the owner thereof.
ARTICLE VII
ENFORCEMENT OF COVENANTS AND ASSIGNMENT
OF DEVELOPER'S RIGHTS AND DUTIES
Section 7.01 Abatement and Suit. The conditions, covenants, restrictions and reservations
contained in this Declaration shall run with the Iand and be binding upon and inure to the benefit of the
Developer and the Owners of every Building Site within the Property. Violation of any condition,
covenant, restriction or reservation herein contained shall give to the Developer the right to enter upon
the portion of the Property wherein said violation or breach exists and to summarily abate and remove at
the expense of the Owner any structure, thing or condition that may be or exist thereon contrary to the
intent and meaning of the provisions of this Declaration, or to institute a proceeding at law or in equity
against the person or persons who have violated or are attempting to violate any of these conditions,
covenants, restrictions and reservations, to enjoin or prevent them from doing so, to cause said violation
to be remedied or to recover damages for said violation.
The conditions, covenants, restrictions and reservations of this Declaration may be enforced as
herein provided only by Developer or the Architectural Review Committee; provided, however, that if
an Owner notifies Developer of a claimed violation of these conditions, covenants, restrictions and
reservations and Developer fails to act within sixty (60) days after receipt of such notification, then and
in that event only, an Owner may separately, at his own cost and expense, enforce the conditions,
covenants, restrictions and reservations herein contained.
Section 7.02 Deemed to Constitute a Nuisance. Every violation of this Declaration or any
part thereof is hereby declared to be and shall constitute a nuisance, and every public or private remedy
allowed therefor by law or equity against an Owner, tenant or occupant shall be applicable against every
such violation and may be exercised by Developer. In any legal or equitable proceeding for the
enforcement, or to restrain the violation, of this Declaration or any provision thereof, the losing party or
parties shall pay the reasonable attorneys' fees of the prevailing party or parties in the amount as may be
fixed by the court in such proceedings.
15
Section 7.03 Remedies Cumulative. All remedies provided herein or at law or in equity shall
be cumulative and not exclusive. The failure of the Developer to enforce any of the conditions,
covenants, restrictions or reservations herein contained shall in no event be deemed to be a waiver of the
right to do so for subsequent violations or of the right to enforce any other conditions, covenants,
restrictions or reservations, and Developer shall not be liable therefor.
Section 7.04 Certificate of Compliance. Upon payment of a reasonable fee not to exceed fifty
dollars ($50.00), and upon written request of any Owner, tenant, mortgagee, prospective Owner,
prospective tenant or prospective mortgagee of a Building Site, Developer shall issue and acknowledge a
certificate in recordable form setting forth the amounts of any unpaid assessments, if any, against that
Building Site; and setting forth generally whether or not said Owner is in violation of any of the terms
and conditions of this Declaration. Said written statement shall be conclusive upon the Developer in
favor of the persons who rely thereon in good faith. Such statement shall be furnished by Developer
within a reasonable time, but not to exceed fifteen (15) business days from the receipt of a written
request for such certificate. In the event Developer fails to furnish such certificate within fifteen (15)
business days, it shall be conclusively presumed that there are no unpaid assessments relating to the
Building Site as to which the request was made and that said Building Site is in conformance with all of
the terms and conditions of this Declaration.
Section 7.05 Assignments of Developer's Rights and Duties. Any and all of the rights,
powers and reservations of Developer herein contained may be assigned by Developer to any person,
corporation, association or other entity which will assume any or all of the duties of Developer
hereunder. To be effective, such assignment must be in writing and specifically refer to the rights,
powers and reservations of the Developer hereunder which are being assigned. Upon acceptance of such
assignment by any such person or entity, said assignee shall, to the extent of such assignment, assume
Developer's duties hereunder and shall have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by Developer herein, Upon such assignment, and to
the extent thereof, Developer shall be relieved from all liabilities, obligations and duties hereunder from
and after the date of such assignment. The term "Developer", as used in this Declaration, includes all
such assignees and their heirs, successors and assigns.
Anything contained elsewhere herein to the contrary notwithstanding, the mere conveyance or
transfer of Ownership of land within the Property by Developer to any third party, whether by deed or
other instrument of conveyance, shall in no way convey any right, power or reservation of Developer
hereunder.
Section 7.06 Relinquishment of Rights by or Dissolution of Developer. If at any
time: (i) the Developer ceases to exist and has not made an assignment of the rights, powers and
reservations of Developer herein contained; (ii) the Developer or the assignee of its rights, powers and
reservations hereunder, files a written notice in the office of the Recorder of Black Hawk County, Iowa,
that it has relinquished its rights, powers and reservations hereunder; or (iii) the Developer ceases to be
an Owner (as that term is defined in Article I, Section 1.01 above) of land within the Property, then,
upon the occurrence of any such event, the Owners of a majority of the acreage (exclusive of Common
Areas) within the Property may organize a property Owner's association to be incorporated under the
laws of the State of Iowa as a non-profit corporation, which association shall succeed to and assume all
of the Developer's rights, powers and reservations hereunder. Such an association shall have as its
members all of the Owners of the Building Sites within the Property. Each member shall be entitled to
16
one vote for each one thousand (1,000) square feet (or major fraction thereof) of land owned within the
Property by such member. Upon such succession and assumption, the association shall assume
Developer's duties hereunder and shall have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by the Developer herein. Upon such succession and
assumption, the Developer shall be relieved from all liabilities, obligations and duties hereunder.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.01 Term. This Declaration, every provision hereof and every covenant, condition,
restriction and reservation contained herein, shall continue in full force and effect for a term beginning
on the date this Declaration is recorded and continuing through and including December 31, 2026, and
shall thereafter be automatically extended for successive periods of five (5) years until terminated as
provided in Section 8.02 below.
Section 8.02 Termination and Modification. Article V of this Declaration (or any equivalent
Article contained in any Supplementary Declaration), dealing with the regulation of uses and
improvements, may be terminated, extended, modified or amended as to that area of the Property, upon a
vote of the Owners owning a majority of the acreage (exclusive of the Common Areas) within that area
of the Property voting in person or by proxy at a meeting duly called for such purpose, written notice of
which shall be given to all Owners at least thirty (30) days in advance and shall set forth the purpose of
the meeting; provided, however, that during the initial period of this Declaration, to -wit, prior to
December 31, 2026, no such termination, extension, modification or amendment shall be effective
without the written approval of Developer. Such termination, extension, modification or amendment
shall be immediately effective upon recording a proper instrument in writing, executed and
acknowledged by such Owners (and by Developer as required herein) in the office of the Recorder of
Black Hawk County, Iowa. All other Articles of this Declaration or any provision thereof, or any
covenant, condition, restriction or reservation contained herein, may be terminated, extended, modified
or amended as to the whole of said Property or any portion thereof, upon a vote of the Owners owning a
majority of the acreage (exclusive of the Common Areas) within the Property voting in person or by
proxy at a meeting duly called for such purpose, written notice of which shall be given to all Owners at
least thirty (30) days in advance and shall set forth the purpose of the meeting; provided, however, that
during the initial period of this Declaration, to -wit, prior to December 31, 2026, no such termination,
extension, modification or amendment shall be effective without the written approval of Developer.
Such termination, extension, modification or amendment shall be immediately effective upon recording
a proper instrument in writing, executed and acknowledged by such Owners (and by Developer as
required herein) in the office of the Recorder of Black Hawk County, Iowa.
Section 8.03 Notices. All notices, approvals, or other communications required or permitted to
be given under this Declaration shall be in writing and shall be considered as properly given or
made: (i) on the second day after being mailed from within the United, States by first class United States
mail, certified mail, return receipt requested, postage prepaid and addressed to the person to whom it is
intended at the address of said person as set forth below, whether actually received or not; or (ii) when
actually received by the person to whom it is intended if given in any other manner. The mailing address
for a Building Site Owner shall be the address of said Owner as shown on the tax rolls of the city having
taxing authority over the Building Site. The mailing address for the Developer shall be in care of City of
17
Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: MidPort America Manager.
Developer may change its address by filing a written instruction stating its new address in the office of
the Recorder of Black Hawk County, Iowa.
Section 8.04 Parties Bound. The terms and provisions contained in this Declaration shall bind
and inure to the benefit of the Developer, the Owners of all Building Sites located within the Property,
the Owners of additional property made subject to this Declaration and their respective heirs, successors,
personal representatives and assigns. Notwithstanding the above, upon the sale of a Building Site, the
Owner so selling shall not have any further liability for the obligations thereon which shall accrue
against that Building Site after the date of the conveyance; provided, however, that nothing herein shall
be construed so as to relieve an Owner of any Building Site from any liabilities or obligations incurred
prior to such sale pursuant to this Declaration. Furthermore, any such sale shall not enlarge or extend the
time for commencement of construction of a building upon a Building Site.
Section 8.05 Severability of Provisions. If any Article, Section, subsection, paragraph,
sentence, clause or phrase of this Declaration or any Supplementary Declaration shall be or become
illegal, null or void for any reason or shall be held by any court of competent jurisdiction to be illegal,
null or void, the remaining Articles, Sections, subsections, paragraphs, sentences, clauses and phrases of
this Declaration or any Supplementary Declaration shall continue in full force and effect and shall not be
affected thereby. It is hereby declared that the remaining Articles, Sections, subsections, paragraphs,
sentences, clauses and phrases would have been and are imposed irrespective of the fact that any one or
more of the other Articles, Sections, paragraphs, sentences, clauses or phrases shall become or be illegal,
null or void.
Section 8.06 Number and Gender. Words used herein, regardless of the number and gender
specifically used, shall be deemed and construed to include any other number (singular or plural) and
any other gender (masculine, feminine or neuter) as the context requires.
Section 8.07 Titles. The titles, headings and captions which have been used throughout this
Declaration are for convenience only and are not to be used in construing this Declaration, or any part
thereof.
Section 8.08 Applicable Law and Venue of Suit. This Declaration and the rights and
obligations created hereby shall be construed in accordance with the laws of the State of Iowa and venue
for the enforcement of same shall lie exclusively in Black Hawk County, Iowa, and any person or entity
affected hereby expressly waives the right to be sued or to initiate suit elsewhere.
EXECUTED this Zifil day of Q,% j , 20010.
CITY OF WATERLOO, IOWA
By:
,144647/
rnest G. Clark, Mayor
18
ATTEST:
Suzybhhrres, City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this -� day of 80 , 2010, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority
of its Ciy Council as contained in the Resolution aco ted by the City Council, under Council Action
No. G 41(,! of the City Council on c�:--� 02-5 , 2010, and that Ernest G. Clark
and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it vo i taxi y executed.
APPROVED AS TO FORM AND LEGALITY:
Waterloo G" Attorney
19
Exhibit "A" — Legal Description
That part of Section Four (4), Township Eighty-nine North (T89N), Range Thirteen West
(R13W) of the Fifth Principal Meridian, and that part of Lot Twelve (12) and Tract "J",
MidPort America Park Plat No. 2, all in Waterloo, Black Hawk County, Iowa, described
as follows:
Beginning at the Southeast comer of Tract "H", MidPort America Park Plat No. 1; thence
N00°58'23 "W Three Hundred Two and Eighty-two Hundredths (302.82) feet along the
East line of said Tract "W; thence Northerly Two Hundred Four and Thirty-four
Hundredths (204.34) feet, still along said East line and along a Five Hundred Thirty
(530.00) foot radius curve, concave Westerly, having a long chord of Two Hundred
Three and Eight Hundredths (203.08) feet which bears N12°00'18"W; thence
N23°03'00"W One Hundred Seventy and Thirty-nine Hundredths (170.39) feet, still
along said East line; thence Northwesterly Two Hundred Seventy-five and Sixty-four
Hundredths (275.64) feet, still along said East line and along a Five Hundred (500.00)
foot radius curve, concave Southwesterly, having a long chord of Two Hundred Seventy-
two and Sixteen Hundredths (272.16) feet which bears N38°50'35"W; thence
N66°23'40"E Six Hundred Ninety-nine and Thirty-five Hundredths (699.35) feet; thence
S52°57'00"E One Thousand Nine Hundred Three and Ninety-five Hundredths (1,903.95)
feet; thence 544°24'14"E Two Thousand Four Hundred Fifty-nine and Seventy-five
Hundredths (2,459.75) feet to a point on the West line of parcel described in Land Deed
548, Page 864 in the Black Hawk County Recorder's Office; thence S00°12'03"W
Seventy-seven and Twenty-seven Hundredths (77.27) feet along said West line; thence
S89°33'18"W One Hundred Ninety-five and One Hundredth (195.01) feet along the
North line of aforesaid parcel; thence S00°12'03"W Fifteen (15.00) feet along the West
line of said parcel to a point on the current North right-of-way line of Airline Highway;
thence S89°30'09"W One Hundred Twelve and Forty-two Hundredths (112.42) feet
along said North right-of-way line to the most Easterly corner of aforesaid Tract "J";
thence S89°33'11"W Seven Hundred Fifty-nine and Forty-two Hundredths (759.42) feet
along the South line of said Tract "J"; thence N00°27'08 "W Two Hundred Sixty-one and
Eighty-three Hundredths (261.83) feet; thence Northerly Two Hundred Thirty and
Twenty-nine Hundredths (230.29) feet along a Three Hundred (300.00) foot radius curve,
concave Westerly, having a long chord of Two Hundred Twenty-four and Sixty-eight
Hundredths (224.68) feet which bears N22°26'36"W to the Northeasterly line of aforesaid
Tract "J"; thence N44°26'04"W One Thousand Two Hundred Eighty-six and Eighty-three
Hundredths (1286.83) feet, still along said Northeasterly line; thence Westerly One
Thousand Two Hundred Eighty-one (1,281.00) feet, still along said Northeasterly line
and along a One Thousand Five Hundred Seventy-seven and Eighty-nine Hundredths
(1,577.89) foot radius curve, concave Southerly, having a long chord of One Thousand
Two Hundred Forty-six and Eleven Hundredths (1,246.11) feet which bears
N67°41'32"W; thence S89°03'01 "W Three Hundred Eighty-eight and Three Hundredths
(388.03) feet, still along said Northeasterly line to the point of beginning, containing
66.94 acres.
Beginning at the most Northerly corner of aforesaid Lot Twelve (12), which is a point on
the Southwesterly line of aforesaid Tract "J"; thence S44°26'04"E Nine Hundred Ninety-
three and Twenty Hundredths (993.20) feet along said Southwesterly line and along the
Southeasterly extension of said Southwesterly line; thence Southerly One Hundred Fifty-
three and Fifty-three Hundredths (153.53) feet along a Three Hundred (300.00) foot
radius curve, concave Westerly, having a long chord of One Hundred Forty-nine and
Seventy-eight Hundredths (149.78) feet which bears S22°26'36"E; thence S00°27'08"E
Two Hundred Sixty-one and Eighty-two Hundredths (261.82) feet to a point on the South
line of aforesaid Tract "J"; thence S89°33'11 "W One Hundred One and Forty-three
Hundredths (101.43) feet along said South line; thence N00°44'48"W Ten and Seven
Hundredths (10.07) feet, still along said South line; thence S89°33'49"W Three Hundred
Forty-eight and Forty-eight Hundredths (348.48) feet, still along said South line and
along the South line of aforesaid Lot Twelve (12) to the Southeast corner of Parcel "A",
Document No. 2005-26213, aforesaid Recorder's Office; thence N00°27'23"W Five
Hundred Five and Five Hundredths (505.05) feet along the East line of said Parcel "A" to
the Northeast comer of said Parcel "A"; thence S89°33'15"W Four Hundred Fifty and
Eighty-three Hundredths (450.83) feet along the North line of said Parcel "A" and along
the Westerly extension of said North line to the West line of aforesaid Lot Twelve (12);
thence N14°02'00"E Six Hundred Nineteen and Seventy-nine Hundredths (619.79) feet
along said West line to the point of beginning, containing 9.95 acres.
DEED OF DEDICATION
MIDPORT AMERICA PARK PLAT NO. 3
WATERLOO, BLACK HAWK COUNTY, IOWA
The City of Waterloo, Iowa, a municipal corporation ("Declarant"), (hereinafter called
"City") being desirous of platting the land described as Exhibit "A", does by these
presents designate and set apart premises as a subdivision of the City of Waterloo,
Black Hawk County, Iowa that portion thereof more particularly described and hereafter
known as MidPort America Park Plat No. 3, all of which is with the free consent and
desire of the undersigned, and the undersigned hereby dedicates and sets apart for
public use the streets, boulevards and avenues as shown on the attached plat as Tract
J. Any company or agency supplying electricity, gas or communication service to any
parcel in said addition shall have the right to construct, maintain and operate permanent
underground gas, electricity or communication feeder or service facilities within
easement lines as shown on the plat of said addition hereto; and
The City and any public company having a franchise for the distribution and sale of gas,
electricity, water or communication service in said City shall have the right to construct
and maintain underground sewer, water, gas, electric and communication service lines
within the easement lines as shown on the plat attached hereto. The proprietor, agents
and workmen of all such service corporations or agencies shall have the right to
reasonable access to their said services and installation for the purpose of the proper
construction and maintenance of their lines and equipment.
The City hereby covenants and agrees for itself, its successors and assigns, that said
subdivision shall be and the same is hereby made subject to the following restrictions
and fully and effectively for all intents and purposes as if the same were contained and
set forth in each deed, conveyance and mortgage, that the grantor or its successors in
interest may hereafter make and that such restrictions shall run with the land in the
particulars hereinafter stated, to wit:
The property is now held and shall hereafter be held, transferred, sold, leased,
conveyed and occupied, subject to the covenants, conditions, restrictions and
easements (which covenants, restrictions and easements are hereinafter referred to as
"Restrictions") each of which is for and shall inure to the benefit of, shall run with the
land and shall be binding upon and inure to the benefit of each and every parcel of the
Property and each of which shall apply to and bind and benefit and may be enforced by
the owner of each or any parcel of the Property and the heirs, assignees and
successors in interest and every owner of a parcel or parcels as stated herein.
It is the desire and intention of City to subject and impose upon Exhibit "A" restrictions
as noted in the Declaration document approved by the Waterloo City Council on
by Resolution No. and said Declaration was
recorded on in Book of Page as a
Declaration in the Black Hawk County Recorders Office pertaining to certain conditions,
covenants, restrictions, easements and reservations hereinafter set forth for the purpose
of insuring the proper use and appropriate development and improvement of same.
1
DEED OF DEDICATION
MIDPORT AMERICA PARK PLAT NO. 3
WATERLOO, BLACK HAWK COUNTY, IOWA
NOW, THEREFORE, the City, hereby declares that the property described in
Exhibit "A" is held and shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved subject to the conditions, covenants, restrictions,
reservations, easements, charges and liens hereinafter set forth.
EXECUTED thisitt day of Clitiwy, 2010.
ATTEST:
Suzy Schares\ City Clerk
STATE OF IOWA
BLACK HAWK COUNTY
ss.
Ernest G. Clark, Mayor
Notary Public in and for the State of Iowa
On this51d-ay of AVW. 2010, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Emest G. Clark and Suzy Schares, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation by authority of its City Council as contained in the Resolution dopted by the City
Council, under Council Action No. I '4 w of the City Council on the 'day of Ci" � ;2010,
and that Emest G. Clark and Suzy Schares acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
2
Notary Public in and for
the State of Iowa
Exhibit "A" — Legal Description
That part of Section Four (4), Township Eighty-nine North (T89N), Range Thirteen West
(R13W) of the Fifth Principal Meridian, and that part of Lot Twelve (12) and Tract "J",
MidPort America Park Plat No. 2, all in Waterloo, Black Hawk County, Iowa, described
as follows:
Beginning at the Southeast corner of Tract "H", MidPort America Park Plat No. 1; thence
N00°58'23"W Three Hundred Two and Eighty-two Hundredths (302.82) feet along the
East line of said Tract "H"; thence Northerly Two Hundred Four and Thirty-four
Hundredths (204.34) feet, still along said East line and along a Five Hundred Thirty
(530.00) foot radius curve, concave Westerly, having a long chord of Two Hundred
Three and Eight Hundredths (203.08) feet which bears NI2°00'18"W; thence
N23°03'00"W One Hundred Seventy and Thirty-nine Hundredths (170.39) feet, still
along said East line; thence Northwesterly Two Hundred Seventy-five and Sixty-four
Hundredths (275.64) feet, still along said East line and along a Five Hundred (500.00)
foot radius curve, concave Southwesterly, having a long chord of Two Hundred Seventy-
two and Sixteen Hundredths (272.16) feet which bears N38°50'35"W; thence
N66°23'40"E Six Hundred Ninety-nine and Thirty-five Hundredths (699.35) feet; thence
S52°57'00"E One Thousand Nine Hundred Three and Ninety-five Hundredths (1,903.95)
feet; thence S44°24'14"E Two Thousand Four Hundred Fifty-nine and Seventy-five
Hundredths (2,459.75) feet to a point on the West line of parcel described in Land Deed
548, Page 864 in the Black Hawk County Recorder's Office; thence S00°12'03"W
Seventy-seven and Twenty-seven Hundredths (77.27) feet along said West line; thence
S89°33'18"W One Hundred Ninety-five and One Hundredth (195.01) feet along the
North line of aforesaid parcel; thence S00°12'03"W Fifteen (15.00) feet along the West
line of said parcel to a point on the current North right-of-way line of Airline Highway;
thence S89°30'09"W One Hundred Twelve and Forty-two Hundredths (112.42) feet
along said North right-of-way line to the most Easterly comer of aforesaid Tract "J";
thence S89°33'11"W Seven Hundred Fifty-nine and Forty-two Hundredths (759.42) feet
along the South line of said Tract "J"; thence N00°27108"W Two Hundred Sixty-one and
Eighty-three Hundredths (261.83) feet; thence Northerly Two Hundred Thirty and
Twenty-nine Hundredths (230.29) feet along a Three Hundred (300.00) foot radius curve,
concave Westerly, having a long chord of Two Hundred Twenty-four and Sixty-eight
Hundredths (224.68) feet which bears N22°26'36"W to the Northeasterly line of aforesaid
Tract "J"; thence N44°26'04"W One Thousand Two Hundred Eighty-six and Eighty-three
Hundredths (1286.83) feet, still along said Northeasterly line; thence Westerly One
Thousand Two Hundred Eighty-one (1,281.00) feet, still along said Northeasterly line
and along a One Thousand Five Hundred Seventy-seven and Eighty-nine Hundredths
(1,577.89) foot radius curve, concave Southerly, having a long chord of One Thousand
Two Hundred Forty-six and Eleven Hundredths (1,246.11) feet which bears
N67°41'32"W; thence S89°03'01 "W Three Hundred Eighty-eight and Three Hundredths
(388.03) feet, still along said Northeasterly line to the point of beginning, containing
66.94 acres.
Beginning at the most Northerly corner of aforesaid Lot Twelve (12), which is a point on
the Southwesterly line of aforesaid Tract "J"; thence S44°26'04"E Nine Hundred Ninety-
three and Twenty Hundredths (993.20) feet along said Southwesterly line and along the
Southeasterly extension of said Southwesterly line; thence Southerly One Hundred Fifty-
three and Fifty-three Hundredths (153.53) feet along a Three Hundred (300.00) foot
radius curve, concave Westerly, having a long chord of One Hundred Forty-nine and
Seventy-eight Hundredths (149.78) feet which bears S22°26'36"E; thence S00°27'08"E
Two Hundred Sixty-one and Eighty-two Hundredths (261.82) feet to a point on the South
line of aforesaid Tract "J"; thence S89°33'11"W One Hundred One and Forty-three
Hundredths (101.43) feet along said South line; thence N00°44'48"W Ten and Seven
Hundredths (10.07) feet, still along said South line; thence S89°33'49"W Three Hundred
Forty-eight and Forty-eight Hundredths (348.48) feet, still along said South line and
along the South line of aforesaid Lot Twelve (12) to the Southeast corner of Parcel "A",
Document No. 2005-26213, aforesaid Recorder's Office; thence N00°27'23"W Five
Hundred Five and Five Hundredths (505.05) feet along the East line of said Parcel "A" to
the Northeast corner of said Parcel "A"; thence S89°33'15"W Four Hundred Fifty and
Eighty-three Hundredths (450.83) feet along the North line of said Parcel "A" and along
the Westerly extension of said North line to the West line of aforesaid Lot Twelve (12);
thence N14°02'00"E Six Hundred Nineteen and Seventy-nine Hundredths (619.79) feet
along said West line to the point of beginning, containing 9.95 acres.
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
HAROLD
GETTY
tVard 3
QUENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
,If OF WATERLOO ROWA
'iv`#VATERLOO ENGINEERING DEPARTMENT
715 Olulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262
ERIC THORSON, P.E. a City Engineer email: city.engineer@waterloaia.org
October 20, 2010
9131
9641
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
RE: PRELIMINARY PLAT
MIDPORT AMERICA PARK PLAT NO. 3
Dear Aric:
This preliminary plat has been reviewed, and it has been determined that it
meets the requirements of the applicable portions of Section 3, 4 and 5 of
Ordinance 2997, Subdivision Ordinance.
It is recommended that this preliminary plat be approved.
Sincerel
Dennis J.
of
entz, P.E.
Assistant City Engineer
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Manor
BUCK
CLARK
COUNCIL
MEMBERS
..............
OF WATERLOOS BOWA
WATERLOO ENGINEERING DEPART
715 Mulberry Street o Waterloo, IA 50703 o (319) 291-4312 Fax (319) 291-4262
ERIC THORSON, P.E. o City Engineer email: city.engineer(waterlooia.org
October 20, 2010
Mr. Aric Schroeder, City Planner
DAVID Planning, Programming & Zoning Commission
JONES Waterloo City Hall
Girard 1 Waterloo, IA 50703
CAROLYN
COLE
Ward 2 RE: FINAL PLAT
MIDPORT AMERICA PARK PLAT NO. 3
HAROLD
GETY
Ward 3
Dear Aric:
9131
9641
QUENTIN M. This final plat has been reviewed, and it has been determined that it meets the
HART requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997,
Ward a Subdivision Ordinance.
RON
WELPER
Ward 5
BOB Sincerely,
GREENWOOD
At -Large
It is recommended that this final plat be approved.
STEVE Dennis �. Gen P.E.
scxtvrrrr �
At -Large
Assistant City Engineer
CITY WEBSITE: www.cityo-fwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal OpportunitylAtiirmative Action Employer
�s
E
P