Restrictive Covenants of the Clark County Industrial Park

1. Control of Nuisances
The admission of any industrial occupant to the park shall be at the discretion of the Clark County Industrial Council. Whether an industry or business is objectionable and shall be refused admission because of unsightliness or the excessive emission of smoke, dust, noise, glare, odors, fumes or vibrations shall be determined by the Council. Further, occupant industries shall not be permitted to use any of their land or premises for manufacture, storage, distribution, or sale of materials or products that will increase insurance rates, depreciate the value of adjoining property or for any purpose which constitutes a nuisance and will use said property in compliance with the Laws of Arkansas and the United States of America. 

2. Use of Property
All property conveyed within the park shall be used only for industrial manufacturing, warehousing or distribution purposes, use for residential purposes shall be expressly prohibited as well as the retail sale of any merchandise or service excepting retail sales by park occupants of those products which they manufacture or handle at wholesale. The financing of the sale of such merchandise is expressly permitted as is the retail sales of food, beverages and other convenience items to the occupant industries employees as long as these items are not offered for sale to the general public. The purpose of this restriction is to prohibit operation in the park of any business primarily devoted to retailing of consumer type merchandise. 

3. Outdoor Storage
No goods, equipment, supplies or other materials will be stored in the open without the written approval of the Clark County Industrial Council, which approval will not be unreasonably withheld. When outside storage is necessary, it will be maintained in an attractive manner and the council may require fencing or planting to maintain the attractiveness of the park and to protect other park occupants. The rear of industrial sites away from the streets will be used as much as possible for necessary outside storage. 

4. Site Coverage
The total area of an individual site that may be covered by a building or other structure is limited to 35% of the site. The term "site" as used in this paragraph shall mean the total area of all adjoining lots or portions of lots owned by any one owner. 

5. Building Set Backs
Where the park fronts on Highway #67, property fronting on the highway shall have a building set back line of 100 feet from the highway right-of-way. Property facing all other interior streets of the park shall have a building set back line of 50 feet from the street right-of-way line and a set back line of 40 feet from the right-of-way line of the sewer plant and water tower access roads. No buildings or other structures shall be located closer than 25 feet to any side building site line or rear property line to insure that an open area of at least 50 feet shall exist between all adjacent but separately owned improvements, both sides and rear. 

6. Building Construction and Design
All buildings or other structures erected in the park shall be fireproof and constructed of masonry, metal or other strong and architecturally acceptable materials and in conformity with the building codes of Clark County, Arkansas and the City of Arkadelphia, Arkansas. No improvements shall be erected, placed or altered on any building site in the park until the building or improvement plan specifications and plot plans showing the location of proposed improvements on the particular building site have been submitted to and approved in writing by the Clark County Industrial Council. Such approval shall necessitate that the proposed improvements are in conformity and harmony of external design with existing structures in the park, or so located as to not adversely affect adjoining structures, uses or operations and are compatible with existing topography grades and finished ground level of the building site. 

7. Sign Control
Billboard, posters and other advertising signs are prohibited except those signs which advertise the property owner's business or products. All signs, however, must be approved by Clark County Industrial Council. 

8. OffStreet Parking
It shall be the responsibility of the property owner to provide parking space for employees, customers and visitors and the public streets shall not be used for parking. The surface of all driveways and permanent parking areas shall be of concrete, asphalt or other bituminous material. It shall be owner's responsibility to extend driveways to existing streets even though part of this construction is within the street right-of-way. 

9. Truck Loading
The maneuvering of trucks and trailers shall be confined to the premises of each occupant industry. Truck docks must be so situated that trucks, tractors, trailers or any combination thereof may not, while being either loaded or unloaded, project beyond the right-of-way of any street bordering the property. 

10. Subdivision of Lots
Lots may be subdivided or combined, however any subdivision or combination of lots must comply with these covenants. Conveyance by description of any of said lands by lot number or part of a lot as shown on said plat shall be a proper and sufficient description thereof. 

11. Site Landscaping and Maintenance
The occupant industry agrees to landscape that portion of the property between the building or buildings and the curb line of any abutting streets, including any such property which may be in a street or utility right-of-way and to remove undergrowth, weeds, debris, rubbish, trash, excess dirt or any other unsightly material from the remainder of the property at no expense to council. The occupant industry on said property shall keep the premises, buildings and improvements in a safe, clean, healthful and presentable condition at all times and shall comply in all respects with all government, health and police requirements. 

12. Repurchase of Land
In the event a purchaser of land within the park has not, within a period of six months from the date said land was purchased, started construction of an approved building, the Industrial Council shall have the option to repurchase the site at the original sales price with no interest being charged. 

13. Streets and Utilities
Paved streets and water, power, gas, telephone and sewer lines in the easements or rights-of-way adjoining building sites have been provided for owners of lots within the subdivision. It is understood there is no assurance as to the provision of rail service to the subdivision lots, it being the responsibility of each owner of adjoining property to negotiate for this service with the Union Pacific Railroad Company. The 150 foot wide gas utility and road easement appearing on the subdivision plat between lots 10 and 11, and extending onto the Southwest corner of lot 8 is modified to eliminate any right of the public or owners of other lots within the subdivision to use this easement as a road right-of-way. The use of such easement by owners of lots other than lots 8, 10 and 11 shall be strictly limited to a gas and utility easement as appears in public records. 

14. Enforcement
The Council herein, its successors and assigns or any park occupant or landowner may enforce these restrictions either by restraining order or may prosecute at law or in equity a suit for damages or other remedy which the council, its successors and assigns or park occupant or owner may have. 

15. Severability
Invalidation of any one of these covenants by judgment or court order shall no way affect any of the other provisions which shall remain in full force and effect. 

16. Term
These restrictive covenants shall be binding on the owners of said lands and shall run with the land for an additional period of 25 years from the expiration of the primary term on December 12, 1999. After the expiration of the additional term on December 12, 2024, these restrictive covenants shall be automatically extended for successive periods of twenty-five (25) years, unless an instrument in writing, signed by the then owners of a majority of lots within the subdivision has been recorded within the year preceding the beginning of each successive period of twenty-five (25) years, agreeing to change said covenants and restrictions in whole or in part, or to terminate the same. Amendments to these covenants or variances may be made or granted in writing by the written agreement of the owners of a majority of lots within the subdivision, after written notice to all owners. 

17. Prohibition Against Use
The lands described herein shall be used for a period of twenty (20) years from the date of the recording of these restrictions for industrial purposes only unless approval of the Assistant Secretary of the Economic Development Administration is first obtained in writing. In the event foreclosure is attempted on any mortgage covering lands in the property, said mortgagee can use lands only for industrial purposes. All roads, streets, rights-of-way, utility easements, drainage easements and any other easements dedicated to the common use of all occupants and to the public shall be senior to the mortgage to any bank or financial institution. 

Dated this 12th day of December, 1979.