HomeMy WebLinkAboutS-0170-U ApplicationGarver+Garver
Garver & Garver Incorporated
Engineers and Planners
P.O. Box C-50
Eleventh and Battery Streets
Little Rock, Arkansas 72203-0050
501-376-3633
May 1, 1986
Mr. Van McClendon
Office of Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
Re: Lot 1
Pleasant Valley Office Park
Dear Van:
I have enclosed for your review and approval the final plat and Bill of
Assurance for the above referenced property. Also included are eight prints
of the final plat and a copy of the bill of assurance.
A check in the amount of $110.00 is included for your review fee.
Please call if you have questions or need additional information.
Sincerely yours,
GARVER+GARVER, PA
Ronnie D. Hall, PE
RDH:jb:Ml:wp
Enclosures: a/s
(82-1920-000)
Garver+Garver
Garver & Garver Incorporated
Engineers and Planners
P.O. Box C-50
Eleventh and Battery Streets
Little Rock, Arkansas 72203-0050
501-376-3633
Mr. Van McClendon
Office of Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
April 22, 1986
Re: Lot 1
Pleasant Valley Office Park
Dear Van:
I have enclosed for your review and comments the final plat and
Bill of Assurance for the above referenced property.
I have also enclosed the comments from the utility companies.
Please call if you have questions or comments.
Sincerely yours,
GARVER+GARVERPA ,
4'x"�
Ronnie Hall, PE
RH:mf
Encls. a/s
cc: Carroll Ball
(82-1920-000)
PLAT AND BILL OF ASSURANCE
PLEASANT VALLEY OFFICE PARK
INTERCHANGE DEVELOPMENT COMPANY TO: THE PUBLIC
This Plat and Bill of Assurance made this 2-0 day of
FfT;/ o�1986, by Interchange Development Company, an
-
Arkansas General Partnership, hereinafter referred to as
"Developer".
Article I.
Recitals
1.1 The Developer is the present record title holder of cer-
tain real property situated in the County of Pulaski, State of
Arkansas, more particularly described as follows:
Part of the SE 1/4, Section 21, T-2-N, R-13-W, Pulaski
County, Arkansas, more particularly described as
follows:
Commencing at the SE corner of said SE 1/4, thence N
00031141" E, 80.01; thence N 00035100" E 374.391; thence
N 88027141" W, 414.961 to the point of beginning; thence
continue N 88027141" W, 523.761; thence N 70°37128" W,
649.961; thence N 44027106" W 264.00 feet to a point on
the east right-of-way line of Rodney Parham Road; thence
along said right-of-way line N 45034110" E, 339.831;
thence along the arc of a 1928.211 radius curve to the
left, said arc having a chord bearing of N 37*40159" E,
529.131; thence N 29°47148" E 37.96' to a point on the
south right-of-way line of Pleasant Valley Farm Road;
thence along said right-of-way line S 60052150" E,
161.201; thence S 54°18126" E, 400.731; thence S
54016121" E, 684.611; thence departing said right-of-way
line, S 35*48111" W, 487.931 to the point of beginning,
containing 23.14 acres, more or less (hereinafter
referred to as the "Property").
-1-
1.2 The Developer intends to plat the Property from time to
time into Lots but all the Property shall forever be known as
PLEASANT VALLEY OFFICE PARK, Pulaski County, Arkansas.
1.3 Developer is desirous of subjecting the Property to the
conditions, covenants, restrictions and reservations herein- set
forth to insure proper use and appropriate development and impro-
vement of said Property as an office park complex.
1.4 Developer is desirous at this time of platting as a Lot
that portion of the Property described as follows:
A parcel of land situated in the SE 1/4 of Section 21,
Township 2 North, Range 13 West of the Fifth Principal
Meridian, City of Little Rock, Pulaski County, Arkansas,
being more particularly described as follows:
Commencing at the Southeast corner of said SE 1/4 of
Section 21; thence N 00031141" E. 80.0 feet; thence N
00*35' E. 374.39 feet; thence N 88027141" W. 414.96 feet
to the Point of Beginning; thence N 88*27141" W. 157.89
feet; thence along a curve to the left an arc distance
of 249.77 feet; said curve having a radius of 391.06
feet and a chord bearing and distance of N 16045131" W.
245.54 feet; thence N 35003120" W. 78.25 feet; thence
along a curve to the right an arc distance of 35.74
feet, said curve having a radius of 25.00 feet and a
chord bearing and distance of N 05053146" E. 32.77 feet;
thence along a curve to the left an arc distance of
64.05 feet, said curve having a radius of 330.00 feet
and a chord bearing and distance of N 41*17115" E.
63.95 feet; thence N 35°43138" E. 284.30 feet; thence
along a curve to the right an arc distance of 39.27
feet, said curve having a radius of 25.00 feet and a
chord bearing and distance of N 80043139" E. 35.36 feet
to a point on the South right-of-way line of the
Arkansas State Highway and Transportation Department
Right -of -Way for State Highway No. 10; thence along said
South right-of-way line, S. 54016121/1 E. 385.00 feet;
thence S 35048111" W. 487.93 feet to the Point of
Beginning, said parcel containing 4.57 acres, more or
less.
(hereinafter referred to as the "Parcel").
-2-
Article II.
Definitions
2.1. Definition of Terms: (a) "Developer" shall mean
Interchange Development Company, an Arkansas General Partnership,
its successors and assigns.
(b) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities of the fee simple title
to any Lot in Pleasant Valley Office Park, Pulaski County,
Arkansas, but excluding those having any interest merely as
security for the performance or payment of an obligation.
(c) "Property" shall mean and refer to the real property
hereinbefore described as Pleasant Valley Office Park, Pulaski
County, Arkansas.
(d) "Improvements" shall mean and include but not be limited
to buildings, parking areas, loading areas, fences, walls,
hedges, landscaping, mass plantings, poles, signs and any struc-
tures of any type or kind.
(e) "Lot" shall mean and refer to the fee simple absolute
estate of any numbered plot of land shown upon the Plat of
Pleasant Valley Office Park as heretofore and hereafter platted.
(f) "Plat" shall mean and refer to that certain drawing
attached to and made a part of this instrument.
-3-
Article III.
Purpose
3.1. The Property is hereby made subject to the following
conditions, covenants, restrictions and reservations all of which
shall be deemed to run with the Property and each and every par-
cel thereof to insure proper use and appropriate development and
improvement of said Property so as to (a) protect the Owner
against such improper development and uses of surrounding Lots as
will depreciate the value and use of their Lots; (b) prevent the
erection on the Property of structures constructed of improper or
unsuitable materials or with improper quality and methods of
construction; (c) insure adequate and reasonably consistent deve-
lopment of the Property; (d) encourage and assure the erection of
attractively designed permanent improvements appropriately
located within the Property in order to achieve harmonious
appearance and function; (e) to provide adequate off street
parking and loading facilities; and (f) generally promote the
welfare and safety of the Owner.
3.2 The Developer hereby plats the Parcel as Lot 1, Pleasant
Valley Office Park, Pulaski County, Arkansas. Henceforth,
description and conveyance by such designation as shown and
represented on the Plat shall be a proper and sufficient descrip-
tion for all purposes.
-4-
Article IV.
Easements and Roadways
4.1 A permanent easement or easements for drainage, for
laying and maintaining sewer pipes and mains, storm sewers and
for the installation and maintenance of utilities are created,
accepted and reserved over, across and through the Property as
shown on the attached Plat.
4.2 The Developer hereby dedicates to the public forever an
easement of way on and over the streets as shown on said Plat, to
be used as public streets.
Article V.
Permitted Uses.
5.1. In the development, use, or ownership of all or any
portion of the Property the Owner thereof shall develop same in
compliance with the zoning rules and regulations of the City of
Little Rock and any and all other applicable governmental enti-
ties as they apply to any particular portion of the Property.
5.2 Owner shall not permit any commercial uses on said
Property except (1) those permitted as Accessory Uses and
Conditional Uses in the 0-2 Zoning Classification of the Zoning
Ordinances of the City of Little Rock effective January 1, 1980.
Provided however owners may use all or any portion of the
Property for those commercial uses permitted by right (not as a
conditional use) in the C-3 Zoning Classification of the same
/ice'" - 5 -
ordinance provided such use has been approved by the Developer,
in writing, which approval shall be in the Developer's sole and
exclusive discretion, and provided that no building having such
C-3 Zoning Classification of the same ordinance shall exceed
10,000 square feet of enclosed area.
Article VI.
Regulation of Improvements
6.1 Approval. No building shall be erected, placed or
altered on the Property until the building plans, specifications,
exterior color scheme and plot plan showing the location and
facing of such building with respect to existing topography,
adjoining streets and finished ground elevations have been
approved in writing by the Developer. A primary purpose of this
restriction is to insure that proper standards of planning,
design and construction are followed in the development of the
Property.
6.2 Developer's Liabilit The granting of any approval,
permit or authorization by the Developer shall be final and
binding. The Developer shall incur no liablity by reason of its
refusal to approve any plans or specifications submitted
hereunder.
6.3 Submission Requirements. (a) Any submission to the
Developer for approval of a proposed development shall include:
(1) A site plan, to scale, indicating the location of
all proposed improvements, including, without limitation, struc-
-6-
tures, parking areas, storage and maintenance areas, fencing,
drainage and traffic circulation;
(2) Landscape plan, to scale, indicating site
topography, elevations of walks, drive and building entries,
existing tree locations, proposed tree removal and/or replacement
(location and trunk diameter), fencing location, site of fencing
and material thereof, and any other pertinent site treatment;
(3) Building elevations, to scale, indicating all ele-
vations of proposed structures with specification of building
materials, fences and color scheme; and
(4) Sign plan, indicating design, location and details
of all signs which will be visible from the exterior of any
building.
(b) Approval of any proposed development by the Developer
will not relieve any Owner of the obligation to comply with all
laws, ordinances, regulations or rules of any governmental body,
nor can any Owner rely upon such approval as an indication of
such compliance. In no event will approval of such proposed
development by the Developer create any liability to the Owner or
to any third party who may seek to rely thereon.
6.4 Setbacks. No building shall be located on any building
site nearer to the front, side or rear lot lines than the minimum
building set -back lines shown on any recorded Plat affecting the
Property. Provided, however, in the event any Owner or Owners of
continguous Lots desire to develop their Lots as one project, the
Developer shall have the right to waive the common side setback
-7-
lines to promote the development of the continguous Lots as one
in a manner which is aesthetically compatible with the develop-
ment of the Property.
6.5 Sidewalks. Sidewalks shall be installed by the Owner
along abutting streets as may be required by the City of Little
Rock.
6.6 Subdividing. No Lot shall be subdivided without written
consent of the Developer and the Little Rock Planning Commission
first having been obtained.
6.7 Building Exteriors. The exterior of all improvements on
any Lot shall comply with the following:
(1) Exterior wall elevations of buildings must include
at least 40% content of Acme brick, Plaza West Blend
(Systematics) or equivalent, unless otherwise approved by the
Developer.
(2) Roofs shall be of a sloping design and in a
material approved by the Developer.
(3) Roof -mounted mechanical equipment which is visible
from the ground is to be screened and painted to match the
exterior material of the building.
(4) Gutters and downspouts are to be painted to match
the surface to which attached.
(5) Vents, louvers, exposed flashing and service doors
are to be painted consistent with the exterior material of the
building.
-8-
6.8 Screening. Areas used for loading, service access,
ground -level mechanical equipment, transformers and other appur-
tenant items of poor visual quality are to be screened by the use
of the same material as the building exterior. In the case of
certain low-level items, such as transformers, the Developer may
approve the substitution of dense, mature landscape materials.
6.9 Signs (a) Ground -Signs.
(1) There may be a maximum of one ground sign per
building unless the development has entrance drives on two
streets, in which case there may be one ground sign at the
entrance drive on each street up to a maximum of two total
signs.
(2) The ground signs will be of Acme brick/Plaza West
Blend or equivalent, pre -cast concrete, or other material
approved by the Developer. All letters are to have metal finish
directly applied.
(3) Ground signs will be no more than four feet above
grade in height nor more than 40 square feet in area. If signs
are upon landscaped berms, their maximum height above curb level
shall be six feet.
(b) Wall Signs.
(1) There may be a maximum of one wall sign per
building unless a building fronts on two streets, in which case
there may be one wall sign per street frontage up to a maximum of
two per building.
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(2) Wall signs shall be no more than 3% of the area of
the elevation upon which the sign is located, up to a maximum of
120 square feet. A wall sign will be measured by a rectangle
around the outside of the lettering and/or the logo and calcu-
lating the area enclosed within the rectangle. All wall signs
will have individual letters with metal finish directly applied.
(c) Multiple::Tenant Buildings. In the case of multiple -
tenant buildings with separate tenant entrances, each individual
tenant may have a wall sign over the entrance to identify the
tenant, provided that the sign will give only the name of the
company and will be limited to 6"-high letters. These signs will
not exceed a maximum of eight square feet and will be individual
letters with metal finish directly applied.
(d) Pole Siqns. One pole sign per site may be allowed by
the Developer in the event that any of the following commercial
businesses are included within the Property:
(1) Restaurant
(2) Hotel/Motel
(3) Financial institution with auto teller
Unless expressly approved by the Developer, pole signs are not
permitted.
(e) Informational and Directional Siqns. All other exterior
signs, including informational and directional signs, will comply
with the following specifications:
Twin, post -mounted, seamless monolithic, 4"
thick sign panels equal to ASI sign systems
-10-
model #871 or #872, the posts and signs to be
dark anodized bronze with white letters. The
letter style shall be "Optima Bold".
(f) Temporal Signs. The location, size and design of tem-
porary signs are subject to the approval of the Developer.
6.10 Driveways_and Parking. (a) The location of driveways
requires the prior approval of the Developer.
(b) Each development is to provide the following minimum
parking within its confines:
(1) Office: One space per 250 square feet
gross floor area
(2) Retail: One space per 250 square feet
gross floor area
(3) Restaurants: (except in office buildings and
occupying less than 10% of
building area): One space per
100 square feet gross floor
area
(c) No parking is permitted on Anderson Drive.
(d) No parking is permitted within the setbacks as shown on
the plat, which are exclusively for landscaping, except as
follows:
(1) Anderson Drive setback: Five foot of
setback
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(2) Rodney Parham Road setback: Twenty foot
of setback
(3) Pleasant Valley Farm Road setback:
Fifteen foot of setback
(4) Side yard setback (other than east line
of Pleasant Valley Office Park):
Seventeen foot of setback
(5) Rear yard setback (other than south line
of Pleasant Valley Office Park):
Seventeen foot of setback
(e) All parking areas adjacent to landscaped areas shall
have concrete upright curbs.
6.11 Lighting. Exterior lighting shall comply with the
following:
(a) Parking Lot:
(1) Type: Pole -mounted Sterner Diplomat 25, high-
pressure sodium light, or equivalent
approved by the Developer.
(2) Height: Thirty feet overall
(3) Finish: Dark bronze anodized finish for pole and
fixture
(b) Walkways:
(1) Type: Sterner 8" round bollard light
(2) Finish: Dark bronze anodized finish
(c) Lighting to highlight building shall be at ground level
with dark bronze anodized finish for fixtures.
-12-
(d) Security lighting fixtures are limited to use for
lighting loading or similar service areas and shall have dark
bronze anodized shielding.
(e) All exterior lighting shall be shielded and confined
within the site boundaries.
6.12 Landscaping.
(a) Owner will be responsible for the design, development
and maintenance of the landscape on his own site and contiguous
planting areas within various right-of-ways and public property
to the face of curb. Contiguous parcels owned by such Owner
reserved for future expansion shall have the required landscape
areas fronting on streets fully developed at the time the first
phase of development occurs. Lot mowing of any undeveloped par-
cels shall be required at least monthly during the growing
season. Dead or extensively damaged trees, ground cover or
shrubs shall be identically replaced within thirty (30) days
after the damage occurs. Replacements may be made at a later
date, with the Developer's approval, if necessary due to seasonal
conditions.
(b) Anderson Drive:
(1) The first eight feet from edge of curb shall be
sloped gradually to the curb, and the next twenty-four feet from
the back of curb are reserved exclusively for berms. The area
designated will be bermed to a height of 216" with a maximum
slope no steeper than 3 1/2 to 1.
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(2) The bermed area of the right-of-way and the eight -
foot area between the berm and the back of curb will be solid
sodded with zoysia (Meyer Z-52).
(3) Willow oak trees will be planted at average 40-foot
intervals as located by the Developer. The trees shall be nur-
sery grown, balled and burlaped with a minimum of 14-foot height,
3-inch caliper, have 8-foot clear below canopy, and have minimum
60" canopy spread.
(c) Rodney Parham Road:
(1) Area from back of curb to sidewalk will be solid
sodded with zoysia (Meyer Z-52) grass.
(2) The first twenty feet inside sidewalk will be bermed
to a height of 216" with a maximum slope no steeper than 3-1/2 to
1. This area will be solid sodded with zoysia (Meyer Z-52)
grass.
(3) Willow oak trees will be planted at average 40-foot
intervals as indicated by the Developer. The trees shall be
nursery grown, balled and burlaped with a minimum of 14-foot
height, 3-inch caliper, have 8-foot clear below canopy, and have
minimum 60" canopy spread.
(d) Pleasant Valley Farm Road 10
(1) The area from the south side of the drainage channel
to ten feet south of the right-of-way line shall be solid sodded
with either (1) zoysia (Meyer Z-52) or (2) common bermuda grass.
(2) Willow oak trees will be planted at average 40-foot
intervals as indicated by the Developer. The trees shall be nur-
-14-
sery grown, balled and burlaped with a minimum of 14-foot height,
3-inch caliper, have 8-foot clear below canopy, and have minimum
60" canopy spread.
(3) Because berms are not required along the Pleasant
Valley Farm Road right-of-way, other plantings should be utilized
to screen or soften the view of the parking areas.
(e) Parking Lots:
(1) There shall be at least 40 square feet of landscape
space and one shade tree or ornamental tree for every 15 parking
spaces. Each interior landscape space shall contain a minimum of
80 square feet.
(2) Permitted trees in parking areas shall include:
Shade Trees:
Willow Oak
Water Oak
Red Maple
Ornamental Trees:
Watermelon Red Crepe,Myrtle
Bradford Pear
Multi -trunk Burford Holly
Treeform Yaupon
The balance of the landscaped areas in parking lots shall be
planted with solid sodded zoysia (Meyer Z-52), groundcover or
shrubs.
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(3) The minimum planting sizes are:
Shade Trees (same as for rights -of -way)
Ornamental Trees
8'-10,
Shrubs - 2 gallon
Groundcover - 1 gallon
(f) Side and Rear Yards:
(1) All side and rear yards, except the east 50 feet of
the Property or the south 25 feet of the Property shall be solid
sodded with zoysia (Meyer Z-52) grass. Willow oak trees shall be
planted at average 30-foot intervals as indicated by the
Developer.
(2) The groundcover for the east 50 feet and the south
25 feet of the Property shall be designed for compatibility with
the contiguous property. Similarly, the use of trees, shrubs and
other plantings shall be compatible with the contiguous
property.
(g) Surrounding Buildings:
(1) There shall be a minimum of 10-foot landscaped area
around each building.
(2) The minimum 10-foot landscaped area around each
building must include at least 50% ratio of planting beds with
shrubs and groundcover. All grass is to be zoysia (Meyer Z-52)
solid sod.
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(h) Irrigation:
All landscaped areas are to be irrigated with an
approved automatic sprinkler system. Impact heads will be uti-
lized along the rights -of -ways and will be spaced to provide
complete coverage between the right-of-way line and the back of
curb. The irrigation system will be designed and operated to
prevent or minimize run-off and discharge of irrigation water on
to roadways, driveways, adjacent properties and any area not
under control of the user.
6.13 Maintenance of Areas in Public Rights of Way. (a) Each
Lot Owner shall pay to the Developer or its assignee an annual
maintenance charge, which charge shall be due and payable
annually in advance on the first day of January in each year.
The first year fee shall be prorated on a daily basis from the
date of closing through December 31 of that year. The main-
tenance fund will be used for improving (not initial development)
and maintaining the rights of ways (the "Public Areas") in the
Property in such a manner as is deemed necessary by the Developer
to maintain the overall attractiveness of the Property, including
but not limited to maintaining attractive landscaping in the
Public Areas, maintaining the entranceway to the Property
(including median areas, curbing and other improvements), caring
for that portion of the Pleasant Valley Farm right-of-way north
of the drainage channel, maintaining liability insurance premiums
attributable to such areas, or for doing any other thing
necessary in the opinion of the Developer, for keeping the Public
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Areas neat or in good order. The maintenance of the green areas
for each individual Lot within the public right-of-way shall be
the responsibility of the Lot Owner.
(b) The maintenance charge shall be computed based upon the
ratio of the square foot area of each Lot within the Property is
to the total square foot area of all property within the
Property, less the Public Areas. The payment by Owner at the
beginning of each year shall be based upon an estimate by the
Developer and adjusted up or down at year end.
(c) In the event that any Owner fails to maintain its Lot or
that area of the public right-of-way that is its responsibility
for maintenance, then the Developer, following reasonable notice,
may perform the necessary maintenance and charge to that respec-
tive Owner the cost of such maintenance work. This right of the
Developer shall be limited to the landscaping and exterior house-
keeping and shall not extend to any maintenance of buildings.
(d) Any unpaid amount for general maintenance of the Public
Areas or for specific maintenance performed by the Developer due
to Owner's failure to maintain its Lot shall become a lien
against the subject Lot.
Article VII
First Right of Refusal
7.1 In the event any Owner decides to sell prior to the
completion of the exterior building envelope to be constructed on
a Lot, the Developer shall have the first right to purchase the
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Lot at the same price, terms and conditions as the Lot would be
offered for sale to a third party. The Developer shall have 30
days from receipt of notice from the Owner in which to elect to
purchase the Property. In the event the Developer elects not to
purchase the Property, the Owner is free to sell the Lot to any
other party within a period of six months from the date of the
Developer's decision not to purchase, but only at the same price,
terms and conditions as offered to Developer. If the Owner
changes the price, terms or conditions after the Developer's
election not to purchase, or upon the expiration of the period of
six months from the date of the Developer's decision not to
purchase, the Owner must again offer the Property to the
Developer under the restated price, terms or conditions.
Article VIII.
Termination, Modification and Assiqnments.
8.1. Term. The covenants, conditions and restrictions and
reservations contained herein shall continue in full force and
effect until January 1, 2025 and shall thereafter be renewed
automatically from year to year unless and until terminated as
provided in paragraph 8.2 hereof.
8.2 Termination and Modification. The covenants, con-
ditions, restrictions and reservations contained herein may be
terminated, extended, modified or amended as to the whole of the
Property or any portion thereof, with the written consent of the
owners of 50% of the Property (other than Property dedicated to
-19-
the Public Areas). Such termination, extension, modification or
amendment shall be immediately effective on the recording the
proper instrument in writing executed and acknowledged by such
Owner in the office of the Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas.
8.3 Assignment of Developer's Rights and Duties. Any and
all rights, powers and reservations of the Developer herein con-
tained may be assigned by the Developer to any person, cor-
poration or association or committee which will assume any or all
of the duties of Developer hereunder, and upon any such person,
corporation or association's evidencing its consent in writing to
accept such assignment, said assignee shall, to the extent of
such assignment, assume Developer's duties hereunder, 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 assignment, and to the extent thereof, the Developer shall
be relieved from all liabilities, obligations and duties
hereunder. The term Developer as used herein includes all such
assignees and their heirs, successors and assigns. If at any
time the Developer ceases to exist and has not made such an
assignment, a successor developer may be appointed by the Owners
of 50% of the Property (other than Public Areas) upon compliance
with the requirements of paragraph 8.2 of this Article VIII.
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Article IX.
Miscellaneous
9.1 No Waiver. All the conditions, covenants, restrictions
and reservations contained in this Bill of Assurance shall be
construed together, but if it shall at anytime be held that
any one of said conditions, covenants, restrictions and reser-
vations or any part thereof, is invalid, or for any reason beco-
mes unenforceable, no other conditions, covenants, restrictions
and reservations or any part thereof shall be thereby affected or
impaired.
9.2 Owner's Liability Subsequent to Sale. Upon sale of a
Lot, the Owner so selling shall not have any further liability
for the obligations thereon which accrue against such Lot sold
after the date of the conveyance; provided, however, that nothing
herein shall be construed so as to relieve an Owner of any Lot
from any liability or obligations incurred prior to such sale
pursuant to this Bill of Assurance. Furthermore, any such sale
shall not modify Developer's right of repurchase pursuant to
Article VII hereof.
9.3 Benefits and Burdens. The terms and provisions con-
tained in this Bill of Assurance shall bind and inure to the
benefit of the Developer, the Owners of all Lots located within
the Property, their respective heirs, successors, personal repre-
sentatives and assigns.
-21-
9.4 Notice. Any notices required or permitted herein shall
be in writing and mailed, postage prepaid by registered or cer-
tified mail, return receipt requested and shall be directed as
follows: If intended for an Owner (1) to the Lot if improved;
(2) if the Lot is not improved to the address set forth in
purchase contract; (3) none of the foregoing, to the last known
address of the Owner. If intended for the Developer to the
address as follows:
Interchange Development Company, An Arkansas
General Partnership
c/o Mr. Dickson Flake
Barnes, Quinn, Flake & Anderson
2100 First Commercial Building
Little Rock, Arkansas 72201
9.5 Simon _ular and Plural. 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 contacts
requires.
EXECUTED on the date first mentioned above.
INTERCHANGE DEVELOPMENT COMPANY,
LITTLE ,;X (J.;'_; :: s; AN ARKANSAS GENERAL PARTNERSHIP
cc 6S1011 APPROVED ��.,� � By: BQFA Holdings, Inc., the
Managing Partner
By: _
L. Dickson Flake,' President
-22-
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF le4&
On this day before me, a Notary Public, duly commissioned,
qualified and acting within and for said county and state,
appeared the within named L. Dickson Flake as President of BQFA
Holdings, Inc., the Managing Partner of Interchange Development
Company, an Arkansas General Partnership, to me personally well
known, who stated he was duly authorized in his capacity to exe-
cute the foregoing instrument for and in the name and behalf of
said partnership and further stated and acknowledged that he had
so signed, executed, and delivered said foregoing instrument for
the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this _2Y-ek day of !� ^. 1986.
My Commission Expires:
4�/.
Notary Pub is
-23-
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