SMART Park Covenants

DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS

THE FOLLOWING CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND EASEMENTS AFFECT PROPERTY IN THE MEC SMART PARK SITUATED IN THE VILLAGE OF CASSOPOLIS AND PENN TOWNSHIP IN CASS COUNTY, MICHIGAN.

THIS DECLARATION is made by the MEC SMART Park Authority and all other owners of real property within the MEC SMART Park.

RECITALS

The parties to this Declaration desire to subject the real property described in Article I of this Declaration to the conditions, covenants, restrictions, reservations, and easements set forth in this Declaration for the benefit of MEC SMART Park and the owners of building sites within the Park.

NOW, THEREFORE, the parties to this Declaration declare that the real property described in Article I of this Declaration is and shall be held, transferred, sold, conveyed, and occupied subject to the following terms and conditions.

ARTICLE I—Definitions

1.1 Definitions.

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

Development Committee or Committee means the MEC SMART Park Development Committee under the provisions of this Declaration.

Improvements mean and include, but are not limited to, any industrial or commercial buildings and accessory buildings appurtenant thereto, parking areas, fences, walls, hedges, lawns, plantings, walkways, and any structure of any type or kind located above the ground in the Park.

MEC means Midwest Energy & Communications.

Owners means the person(s) or legal entity holding record title to a Building Site in the Park.

Park means the MEC SMART Park as specifically identified in Section 1.2 of this Declaration.

Site Envelope means the portion of the building site allowable for the building location as defined by the applicable building setbacks and standards and any easements on the property.

Zoning Ordinance means the Village of Cassopolis Zoning Ordinance as applicable.

1.2 Property Subject to This Declaration.

A Legal Description of the MEC SMART Park is included as Exhibit “B” and made a part of this Declaration.

ARTICLE II - General Purposes of Declaration

2.1 General Purposes of Declaration.

The real property described in Exhibit “B” to this Declaration is made subject to the conditions, covenants, restrictions, reservations, and easements of this Declaration for the following purposes:

To provide for high quality and attractive improvements within the Park that meet the environmentally sustainable and community oriented mission of MEC; and the Village of Cassopolis;
Encourage economic development and job growth to support advanced manufacturing, IT, logistics, added value agricultural manufacturing, food grade manufacturing, and other target industry requirements;
Establish a thriving business gateway to the greater south-central Michigan region;
Protect the natural amenities associated with the real estate;
Promote well planned development within the Park and the region;
Ensure development meets aesthetic and design quality objectives;
Create one cohesive campus-like business park to prevent haphazard and inharmonious improvements of building sites;
Encourage and protect the capital investment for those companies desiring to locate and create jobs within the MEC SMART Park;
Establish a process for the resolution for regulation conflict, enforcement authorities and protocols;
Ensure the proper use and appropriate development and improvement of each building site;
Protect the owners of building sites against such improper use of surrounding building sites so as not to depreciate the value of their property;
Guard against the erection of structures of improper or unsuitable materials;
Ensure and maintain proper setbacks from streets and adequate open space between structures.

Article III—Development Committee

3.1 Purpose.

The purpose of the Development Committee is to review and approve proposed development projects within the Park to ensure compliance with the Development Covenants and Design Guidelines adopted by the Park in cases in which these are more restrictive than the applicable zoning ordinance or other standards adopted by the Village of Cassopolis.

3.2 Membership.

Until more than fifty (50%) percent of the acreage comprising Building Sites within the Park shall have been sold to persons or legal entities, there shall be a Development Committee consisting of three (3) members. The term of service is for two (2) years. The membership of the Development Committee shall consist of two (2) members appointed by MEC and one (1) member representing the Village of Cassopolis.

When more than fifty (50%) percent of the acreage comprising Building Sites has been sold, the Development Committee will be expanded to include five (5) members who will serve a term of 2 years. Two (2) members of the Development Committee shall be elected by a vote of the owners. MEC will retain the right to appoint two (2) members to the committee. The Village of Cassopolis will retain the right to appoint one (1) member.

3.3 Election of Members.

Elections or designations of the two (2) non-MEC appointed Development Committee members shall be made annually on the second Monday in January, in accordance with this Declaration and rules adopted by the Development Committee. Upon failure of the Development Committee to hold an election or to perform any of its duties under this Declaration, any Owner shall be entitled to petition the applicable Court for Cass County, Michigan for such relief as may be appropriate under the circumstances.

In the month of December of every even year, the Development Committee shall solicit from each Owner nominations for appointment to the Development Committee.
Nominations shall be submitted to the Development Committee not later than December 31 of that year.
No owner shall be entitled to nominate more than two (2) members to the Development Committee.
In the event no Owner nominates candidates for election to the Development Committee, the Board of Directors of MEC shall appoint the members .
Each owner of a Building Site in the Park shall have one (1) ballot for membership of the Development Committee for each building site that they own.
Each Owner may vote for three (3) members. The top vote receivers shall be deemed elected for the following year; subject to membership restrictions contained in the adopted Committee rules.

3.4 Powers of Committee.

The Development Committee shall adopt reasonable rules to govern itself and maintain minutes of its meetings and records of its official acts.

It shall approve or deny development projects for the Park in accordance with the Covenants. See Article V—Developmental Review and Approval.

It may grant waivers from development standards or guidelines as it determines necessary. See Article VI—Appeals and Waivers.

3.5 Agents and Employees.

The Development Committee shall have authority, upon the vote of the Development Committee, to employ and/or retain professional assistance in the maintenance and enforcement of these Declarations and the maintenance of improvements on Park areas held in common, and to apportion and assess the reasonable expense thereof among the Owners on the basis of their pro-rata ownership of all land within the Park.

3.6 Amendments.

With the consent of the Owners of three-fourths of the acreage in the Park, the Development Committee may modify or amend this Declaration of Protective Covenants.

3.7 Service of Process.

Every Owner of land within the Park, by acceptance of a conveyance of a Building Site, consents to be liable for assessments authorized Pursuant to Section 3.5 and to the service of process by publication and the posting of notice on the Building Site owned if personal service within Cass County, Michigan, cannot be made.

ARTICLE IV—General Standards & Restrictions

4.1 MEC SMART Park Industrial Zones

4.1.1 Use Restrictions.

Uses identified within the Zoning Ordinance as a “Permitted Use” or “Uses Subject to Special Use Permit” within the “I-1” Light Industrial District, and as a “Permitted Use” in the “1-2” Manufacturing District may be permitted upon Building Sites within the SMART Park’s Industrial Zones except the following prohibited uses:

kennels;
outdoor automobile, RV, boat storage and parking;
public garages, motor vehicle repair shops, automobile paint and bump shops or car washing establishments;
coal storage;
municipal sewage treatment plants
truck terminals;
bulk storage of gasoline, fuel oil, fuel gas, propane, kerosene, diesel fuel or any flammable liquid over 500 gallons;
distillation of bones, fat rendering, glue manufacture, garbage, offal, or dead animal reduction or dumping;
stockyards or slaughter of animals;
manufacture or storage of unreasonably dangerous materials;
soil, sand or gravel extraction or quarrying;
sanitary landfill;
any other use which, in the sole discretion of the Development Committee, would adversely affect the general purposes of this Declaration as stated in Section 2.1.

Additionally, all items listed in the “I-2” Manufacturing District requiring a special use permit are prohibited in MEC Smart Park , with the following exceptions:

Medical Marijuana grower, processor or transporter as authorized by Village of Cassopolis Ordinance 258.

4.1.2 No Outdoor Manufacturing.

All permitted manufacturing and processing activities and uses in the Park shall be carried out in fully enclosed buildings.

4.1.3 Performance Standards.

No Nuisance Permitted
No part of the real estate or any building or improvements placed on the real estate shall be used for any purpose or manner which shall be a nuisance to the occupants or owners of other real estate in the park or adjoining properties. Odors, gases, dust, smoke, noise, fumes, cinders, soot, vibrations, radiation, radioactivity waste materials, and ground water pollution are some of the most common environmental nuisances.

The Development Committee will be responsible for determining if uses constitute a nuisance, and may contract or consult for professional services in making a determination.

Vibration, Shock, Noise, Heat, Glare or Other Disturbances. Unreasonable vibration, shock, noise, heat, glare and other disturbances shall not be permitted.

Air Pollution. All processes that produce smoke, gas, dust, odor, fumes, aerosols, particulates, products of combustion, or any other atmospheric pollutant shall be conducted within a completely enclosed building. The release of pollutants to the atmosphere shall not exceed the current or future standards established by State or Federal controlling agencies.

Dust Control. All ground areas not covered by structures shall be landscaped or surfaced with concrete, bituminous asphalt, or other comparable hard surface. Ground surfaces shall be properly drained and maintained in good condition free of weeds, dust, trash, and other debris.

Wastes. All non-hazardous solid waste material, debris, refuse, or garbage, shall be kept within a fully enclosed building or in screened, properly enclosed containers designated for that purpose. All liquid wastes containing any organic or toxic matter will be disposed of in a manner prescribed by the Cass County Health Department and/or State controlling agency. All hazardous waste material will be stored and disposed of in a manner consistent with all local, state and federal laws.

Miscellaneous. Activities determined by the Development Committee to impose an adverse effect to health, financial interest, and safety of persons within the Park or on the property and improvements within the Park shall not be permitted.

4.1.4 Development Standards

In addition to the Development Standards listed below, the MEC SMART Park Design Guidelines provide additional design guidance for the overall development of individual parcels within the Park. These guidelines are attached to and included as a part of this document as Exhibit “A”. Any standards or regulations not specified in this document, or the included MEC SMART Park Design Guidelines will follow the Zoning Ordinance for the Industrial (I-1) Zoning District.

Lot Size, Density & Building Setbacks
Table 4.1 outlines the development standards related to lot size, density and required setbacks established for the SMART Park Industrial Zone. The minimum front yard building setback on any lot shall be measured from the street right-of-way line.

The Development Committee and the property owner shall jointly determine which street side frontage shall be the front yard on a corner lot. The other street side frontage shall be considered a side yard.

Development Standards	Industrial District
Lot Coverage - Max	75%
Lot Width/Frontage - Min	100'
Lot Area - Min	1 Acre
FY Building Setback - Min	30'
SY Building Setback - Min	20'
RY Building Setback - Min	10% of lot depth*
Height	60’
Required Parking Spaces	Per Ordinance
FY Parking Setback	5’
SY Parking Setback	5’**
RY Parking Setback	5’**

Outside Storage
All storage of building, contracting, or plumbing materials, sand, gravel, stone, lumber, equipment, and other supplies in the MEC SMART Park Industrial Zone shall be located in rear yards within an area not closer than 150 feet from any street right-of-way line. The storage of lumber, coal, or other combustible material shall not be less than 20 feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time. All such open storage shall be screened from all streets, and on all sides which abut any residential or commercial district, by a solid six-foot wall or fence sufficient to serve as a permanent retaining wall or fence. All materials stored outside shall be stored at a height that is at least one foot below the height of the wall or fence.

Storage Tanks
No liquid storage tanks in excess of 500 gallons, including but not limited to those used for the storage of gasoline, diesel fuel, oil, water, or propane gas shall be permitted on the property unless approved in advance by local regulating authorities. Any above ground tanks will be fenced and locked for safety purposes, and shall be screened from all streets and adjoining properties. Any such storage tanks shall fully comply with any and all applicable local, state, and federal statutes and administrative regulations.

Off-Street Parking & Loading
Off street parking, loading, and unloading areas shall be paved or constructed of suitable hard, dust free surfacing and maintained in good condition, and conform to the requirements of the zoning ordinance and the SMART Park Design Guidelines.

Parking may be located any place on the building site exclusive of required parking setbacks. Front yard parking in the industrial zones shall be limited to office employees and visitors.

Designated off-street loading space shall be located on those sides of a building which do not front on a street. In the case of buildings located on corner lots, the Development Committee may approve loading spaces on the side of the building adjacent to the street if the loading spaces meet landscaping requirements.

Signs
The provision of on-premise signs for each building site shall be in conformance with the requirements of the Zoning Ordinance and the SMART Park Design Guidelines except that billboard signs and portable/temporary signs are not permitted in the Park.

Lighting
All exterior lighting shall be directed internally upon each Lot so as not to be directed upon adjoining lots. Lighting of exterior walls or identification signs must be direct lighting (wall packs discouraged). Exterior site lighting shall be in conformance with the Zoning Ordinance and the SMART Park Design Guidelines.

Landscape
For all permitted uses, 15% of the site shall be in landscaped open space with one evergreen tree or shrub for every 1,000 square feet or portion thereof, plus one small or large deciduous tree for every 2,000 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Thirty percent of the required open space shall be between the roadway and the building. Whenever feasible, a portion of the landscaping shall be placed adjacent to the building.

Required landscaping materials shall be maintained in good condition based on standard horticultural practices. Where practical, particularly in conjunction with new development or redevelopment, the developer shall cause to be installed an irrigation system for required landscaping, including plantings that may be located within the public right-of-way. Property owners shall be responsible for the continual maintenance of required landscaping. Maintenance shall be considered the irrigation, trimming, cutting, and fertilization necessary to provide a healthy manicured appearance. Required landscaping that is dead, significantly diseased, or significantly distressed shall be removed and replaced at the owners' expense.

A landscaping plan shall be submitted as a part of any application for plan approval. In approving a landscape plan, the Development Committee will be guided by the following;

Areas to be covered with grass and/or ground cover
The location and types of trees, shrubs, and bushes to be planted.
Other landscaping features and/or materials to be incorporated
Landscaping shall be installed within nine (9) months of completion of the building or structure.
All landscaping shall be hardy plant materials and maintained in a neat and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.
Parking and loading areas shall be landscaped and/or fenced in such a manner as to screen the view of these areas.
Corner lots are encouraged to provide appropriate landscaping and the appropriate landscaping shall be encouraged for both street frontages.
Where appropriate, the use of earthen berms is encouraged. Plantings should be grouped or clustered to provide the maximum visual effect.
Adjoining property owners are urged to landscape adjacent side and rear yards in a complimentary fashion.
Landscape features installed should be designed and situated (a) to break the monotony of large expanses of parking area, (b) to protect lighting fixtures and fire hydrants and (c) to define access and circulation ways.

Fences
Fences and walls in front yards shall not exceed six (6) feet in height in the industrial zones, and shall be compatible with the architecture of the buildings they serve by repeating forms, materials, colors, textures, and/or patterns complementary to and consistent with the primary building. Security fences not exceeding eight (8) feet in height may be constructed on the common property line abutting a side or rear yard or in any other location except a front yard. Fences adjacent to and within fifty (50) feet of a street shall be landscaped. No barbwire is allowed.

Utilities Services
All electrical and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. No transformer, electric, gas, or other meter of any type or other apparatus shall be located on any power pole. All utility infrastructure shall be adequately screened.

Storm Water Management
The Park will provide for common storm water management. Storm water regulations and standards will be maintained by the Development Committee, and enforced by the Village of Cassopolis. Streets, accesses, and parking lots shall include concrete curbs and gutters as part of the storm water management system. Headwalls for drainage pipes under driveway entrances shall be designed and constructed with a slope and flare.

Service/Storage
Service/storage areas (service storage areas, loading areas, refuse containers, and all ground-mounted service equipment, chillers, condensing units, transformers, trash collection equipment, etc.) shall be located and/or screened so they are safe and not visible from building entry areas, roadways, and neighboring properties. Service/storage accessory structures shall be integrated with the overall building and parcel design.

Height
The height requirements established in these covenants shall apply uniformly throughout the Park to every building and structure except that the following structures and appurtenances shall be exempt from the requirements:

Spires, belfries and domes not used for human occupancy;
Chimneys and ventilators;
Water tanks;
Bulkheads;
Utility poles, power lines and radio and television broadcasting and receiving antennae;
Silos;
Parapets;
Elevator legs;
Ventilation and pollution control equipment
Rooftop solar equipment
And other mechanical appurtenances

4.2 MEC SMART Park Commercial Zones

4.2.1 Use Restrictions.

Uses identified within the Zoning Ordinance as a “Permitted Use” within the “C-1” Mixed Use/Office District and “C-2” General Commercial District within the SMART Park’s Commercial Zones may be permitted upon Building Sites within the SMART Park’s Commercial Zones except the following prohibited uses:

funeral homes and mortuaries;
dry cleaning and laundry establishments;
any other use which, in the sole discretion of the Development Committee, would adversely affect the general purposes of this Declaration as stated in Section 2.1.

Additionally, all items listed in the “C-1” and “C-2” Commercial Districts requiring a special use permit are prohibited in MEC Smart Park , with the following exceptions:

Drive-in Restaurants;
Open-air Businesses, including mobile food and vending trucks;
Indoor Recreation Facilities.

4.2.2 Development Standards

In addition to the Development Standards listed below, the MEC SMART Park Design Guidelines provide additional design guidance for the over-all development of individual parcels within the Park. These guidelines are attached to and in-cluded as a part of this document as Exhibit “A”. Any standards or regulations not specified in this document, or the included MEC SMART Park De-sign Guidelines will follow the Zoning Ordinance for the General Commercial (C-2) Zoning District.

Lot Size, Density & Building Setbacks
Table 4.2 outlines the development standards related to lot size, density and required setbacks established for the SMART Park. The minimum front yard building setback on any lot shall be measured from the street right-of-way line.

Development Standards	Industrial District
Lot Coverage - Max	75%
Lot Width/Frontage - Min	100'
Lot Area - Min	10,000sf
FY Building Setback - Min	10'
SY Building Setback - Min	5'
RY Building Setback - Min	10% of lot depth*
Height	35’
Required Parking Spaces	Per Ordinance
FY Parking Setback	5’
SY Parking Setback	5’**
RY Parking Setback	5’**

* Rear Yard building setbacks shall be 10% of lot depth for a 1 story building, 15% of lot depth for buildings 2 stories or more, with a maximum 30’ setback
** Side Yard parking setbacks must follow land-scape requirements of these standards. Addi-tionally, the rear yard and side yard parking set-backs can be waived in the Commercial District to accommodate shared parking areas be-tween adjacent properties.

Outside Storage
Outside storage of building, contracting, or plumbing materials, sand, gravel, stone, lumber, equipment, and other supplies is only permitted in the MEC SMART Park Industrial Zone.

Parking may be located any place on the building site exclusive of required parking setbacks. Shared parking areas will be encouraged in the MEC SMART Park Commercial zone.

A landscaping plan shall be submitted as a part of any application for plan approval. In approving a landscape plan, the Development Committee will be guided by the following;

Areas to be covered with grass and/or ground cover;
The location and types of trees, shrubs, and bushes to be planted;
Other landscaping features and/or materials to be incorporated;
Landscaping shall be installed within nine (9) months of completion of the building or structure;
All landscaping shall be hardy plant materials and maintained in a neat and orderly manner – withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season;
Parking and loading areas shall be landscaped and/or fenced in such a manner as to screen the view of these areas;
Corner lots are encouraged to provide appropriate landscaping and the appropriate landscaping shall be encouraged for both street frontages;
The extensive use of cobble stones, crushed stones or other non-living material as a ground cover is discouraged;
Adjoining property owners are urged to landscape adjacent side and rear yards in a complimentary fashion;
Landscape features installed should be designed and situated (a) to break the monotony of large expanses of parking area, (b) to protect lighting fixtures and fire hydrants and (c) to define access and circulation ways;

Fences
Fences and walls in front yards shall not exceed three (3) feet in height in the commercial zones, and shall be compatible with the architecture of the buildings they serve by repeating forms, materials, colors, textures, and/or patterns complementary to and consistent with the primary building. Security fences not exceeding eight (8) feet in height may be constructed on the common property line abutting a side or rear yard or in any other location except a front yard. Fences adjacent to and within fifty (50) feet of a street shall be landscaped. No barbwire is allowed.

Spires, belfries and domes not used for human occupancy;
Chimneys and ventilators;
Water tanks;
Bulkheads;
Utility poles, power lines and radio and television broadcasting and receiving antennae;
Silos;
Parapets;
Elevator legs;
Ventilation and pollution control equipment
Rooftop solar equipment
And other mechanical appurtenances

Article V—Development Plan Review and Approval

5.1 Intent.

The following development plan approval procedure is intended to enable the Development Committee to make a finding that the proposed development plan is in conformance with the intent and provisions of this Declaration. Prior to the formal submittal of development plans to the Village of Cassopolis for approval under the terms of the Zoning Ordinance, and prior to the construction of any improvements, the plan for improvements shall also be submitted to the Development Committee for approval.

5.2 Required Plans.

No building, sign, landscaping, lighting, or other exterior improvements shall be altered, placed, or erected on any building site without such prior approval. All plans, specifications, requests for authority to remodel or alter, or otherwise change the real estate of leasehold must be submitted to the Committee, and the appropriate jurisdiction for review and approval.

5.3 Inspection Access.

The Development Committee or designated agent(s), and Village of Cassopolis inspectors shall have full access to the building and site during construction.

5.4 Approval Process.

Approvals shall be based upon, among other things, conformity and harmony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these covenants.

The Committee shall not arbitrarily or unreasonably withhold its action or decision of such plans and specifications. Improvements or alterations to any site shall not be initiated prior to approval.

5.4 Concept Design Review.

The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by the Committee in writing prior to final design. Concept design shall include the following:

Site dimensions;
All structures and buildings - location, size, height, proposed use, and location of doors;
Yards and open space;
Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacle, and mechanical equipment;
Walls, fences, and landscaping materials and location and height thereof;
Access - pedestrian, vehicular, and service;
Off-street parking - location, number of spaces, and arrangement of internal circulation;
Off-street loading - location, number of spaces, arrangement, and internal circulation;
Building elevations, floor plans, and sections;
Building materials, parking, and open space;
Preliminary landscaping, signage, lighting, and photometric plans;
Preliminary drainage and grading Plans;
Construction staging.

5.5 Final Design Review.

After Concept Design approval has been granted by the Development Committee, the Final Design Review Process will be accomplished through the Village of Cassopolis Site Plan Review and Approval Process, as outlined in Section 370-402 of the Zoning Ordinance. Final approval by the Village of Cassopolis officials shall also fulfill the requirements of these Covenants for Final Site Plan Approval.

5.6 Submittal Requirements.

All buildings must be designed by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s) shall be solely responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The Development Committee does not approve these elements.

The seal of all Michigan registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings.

Concept Design Review
Eight (8) sets of all documents are to be included in each submission for review.

Final Design Review
Final Design Review submittal requirements must include a Village application and eleven (11) sets of all documents in each submission. Full submittal requirements are included in Section 370-402.

5.7 Letter of Approval.

Upon Concept Design approval, a letter will be issued advising the Committee’s acceptance of the plans. The Village of Cassopolis will not initiate Final Design Review without said letter.

5.8 Limitation of Committee Action.

The Committee shall approve or disapprove the plans or specifications within thirty (30) days after submittal thereof. The Committee may disapprove the plans or specifications for failure to comply with the requirements of these covenants, conditions and restrictions; failure to provide all information; objections to exterior design, appearance or materials of any proposed structure; incompatibility of the plan with any proposed or existing structures or uses of other lots in the Park; location of improvements; disapproval of any portion of the site development; or any other matter which, in the judgment of the Committee, makes the proposed structure inharmonious with the general development of the Park.

5.9 Clearing Approval.

A clearing plan must be submitted for approval prior to any site clearing. The contractor shall ribbon-off the clearing limits and contact the Development Committee for a site inspection and approval prior to commencement of actual clearing.

5.10 Record Drawings.

One set of reproducible record construction drawings will be filed with the Development Committee within thirty (30) days of building occupancy. If the record drawings show non- conformance with previous approved plans submitted to the Committee, upon notification from the Committee of such discrepancies, corrective action will commence immediately to bring the building of lot into compliance.

5.11 Compliance.

Prior to the commencement of construction, all development plans shall in all ways conform to the standards of the Zoning Ordinance and these Declarations and all necessary approvals and permits for construction shall be obtained.

Article VI Appeals & Waivers

6.1 Appeals & Waivers

The Development Committee shall have the authority to grant the following variations:

Permit a variation in the Building Site area or yard requirements where there are unusual hardships and practical difficulties or unnecessary hardships in the application of these Declarations due to an irregular shape of the Building Sites, topographical or other conditions, provided the variation will not seriously affect any adjoining Building Sites, Park improvements or the general purposes of these Declarations;
Authorize a variation from the strict application of the SMART Park Covenants relating to design and construction standards or alteration of improvements when they would impose upon the Owner practical difficulties or unusual hardship with the understanding that the variance does not create a development that negatively impacts or limits the use of neighboring Building Sites, or creates a negative impact on the overall park.

6.2 Conditions and Limitations.

In granting an appeal in whole or in part, the Development Committee may impose any limitation or design standard which it deems necessary to carry out the general purposes and intent of these Declarations.

6.3 Hearing and Notice.

An appeal to the Development Committee shall be made in writing. The Committee shall hold a hearing on the appeal after giving notice thereof at least 20 days prior to the hearing by certified mail to all Owners covered by these Declarations.

6.4 Vote Required.

The affirmative vote of the majority of members of the Development Committee shall be required to grant an appeal in whole or in part, and the decision of the Committee shall be final.

Article VII Enforcement of Declarations

7.1 Binding Covenant.

These Declarations shall run with the land and bind the Owners, their heirs, personal representatives, successors and assigns, to conform to and observe these Declarations as to the use of Building Sites and the construction of improvements thereon within the Park.

7.2 Enforcement by Owners.

The Owners, or any one of them, shall have the right to appeal to the Development Committee for an injunction, prohibitive or mandatory, to prevent the breach of or enforce the observance of these Declarations in addition to the ordinary legal action for damages; and failure of the Owner of any Building Sites to enforce these Declarations at the time of any violation of these Declarations shall in no event be declared to be a waiver of the right to do so as to any subsequent violation.

As a means to enforce the observance of these Declarations, the Development Committee shall engage the Village of Cassopolis zoning and building officials to institute the appropriate remediation activities as outlined in the Zoning Ordinance Section 370-35 & 370-36.

The violation of these Declarations shall not defeat or render invalid the lien or any mortgage or deed of trust made in good faith and for value.

7.3 Release from Declarations.

The Development Committee , with unanimous consensus, may release all or any part of the Park so restricted from any one or more of these Declarations or may amend these Declarations by executing and acknowledging an appropriate agreement in writing for that purpose and recording the agreement in the Office of the Register of Deeds for Cass County, Michigan.

7.4 Invalidation of Declarations.

Invalidation of any one of these Declarations or any part of these Declarations by judgment or court order shall not affect any of the other provisions of these Declarations.