HomeMy WebLinkAboutS-1301-J ApplicationThis Instrument Prepared by:
Price C. Gardner
FRIDAY, ELDREDGE & CLARK, LLP
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
201,I025091 Received: 412812011 11:4-1:34 AN1
Recorded: 04I2812011 -11:46:26 AM Fil
Recorded in official Records of Larry Crane,
r PULASKI COUNTY CIRCLIITICOUNTY CLERK_
Fees $95.00
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR LOT 23 COLONEL GLENN CENTRE ADDITION
THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of
the A ` day of March, 2011, by Remington Road Centre, LLC , an Arkansas limited liability company
("Remington LLC" or Remington LLC may hereinafter be referred to as the "Grantor").
RECITALS
WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the
"Property") to be surveyed by McGeterick & McGeterick, Engineers and Land Surveyors, and a final plat
made thereof, identified by the title "Colonel Glenn Centre Addition, Little Rock, Arkansas." The proposed
plat bears the signatures and seals of Patrick M. McGeterick, Registered Professional Engineer, and James A.
Rasburry, Registered Professional Land Surveyor (the "Plat"), a copy of which is attached hereto as Exhibit A-
2 and made a part hereof.
WHEREAS, the Grantor is the Fee Owner of the Property and has cause the Property to be divided
into a separately drawn lot designated on the Plat as Lot 23 (the "Lot"), such Lot being more particularly
described as set forth on Exhibit "A';
WHEREAS, the Grantor desires to file this Declaration to protect its interest and the interests of others
which may in the future become Fee Owners of the Lot or the Property. Grantor and those future fee owners
may be hereinafter collectively referred to as "Parties" or singularly as a "Party";
WHEREAS, the Grantor has previously caused similar declarations to be formed in connection with
the platting of Lots 8A, 8B, 9, 12, 14, 15 and 16, Colonel Glenn Centre Addition, Little Rock, Arkansas
(collectively, the "Remington Road Property") and desires to cause Lot 23 to be subject to and a part of the
respective declarations as they relate to the common obligations of the Lot Owners along ReTin tki s [ rkye;
d�;P C-1 .
�1-110,
and
1243063.1 l
r I
WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants,
restrictions and charges (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of the
Property and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. Each of
the Restrictions is imposed upon the Lot as an equitable servitude. Each of the Restrictions shall create a
private contract and estate between current and future owners of the Lot and the Remington Road Property (as
defined in Paragraph 12(a) below) and their successors and assigns; and they shall be and operate as covenants
running with the land for the benefit of the Remington Road Property in each and every part and portion
thereof.
NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth
herein, the Grantor agrees as follows:
Design and Construction of Buiidings. (a) Grantor must approve all initial construction on
the Lot, including architectural theme, design, color, access and parking. All exterior construction must be
brick, stucco or another approved masonry fagade, excluding concrete block, and using colors approved by the
Grantor, said approval not to be unreasonably withheld. All uses that conform with existing zoning are
permitted unless prohibited under Paragraph 2 ofthis Declaration. If following initial construction of buildings
on the Lot, the existing exterior of any then existing building is substantially remodeled or there is a rebuilding
following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing
exteriors, the architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the
approvals required under this Paragraph 1. Once initiated, all building construction must be diligently
prosecuted to completion. Any rooftop equipment shall be appropriately screened. All exterior dumpster or
trash disposal locations shall be completely encased with a fence or other solid wall constructed of materials
used in the construction of the Fee Owner's building and similar in style and appearance and gated such that
such dumpsters or trash containers are not visible from the other property adjacent to the Lot. No wood fencing
shall be allowed on the Lot. No free standing satellite dishes or antennaes not attached to the building on the
Lot shall be permitted. All above ground irrigation equipment, including RPZ Valves, shall be covered and
enclosed from view.
(b) Obligation to Rebui id. In the event the improvements on the Lot are destroyed or damaged by
fire or other casualty, the Owner of such the Lot shall proceed with due diligence to repair and rebuild such
improvements in a timely manner. In the event such Owner elects not to rebuild on the Lot within forty-five
(45) days of such damage, then such the Lot shall be cleared of all debris, including the former foundation of
any building constructed thereon, and all non paved areas shall be covered with sod or other landscaping
materials consistent with the appearance of any other unimproved lots located within the Property, if any.
2
1243063.1
t 1
2. Use. The types of commercial uses permitted on the Property shall be of a general office
and/or commercial nature found in upscale office and commercial developments in Little Rock, Arkansas
consistent with the zoning covering the Lot and not otherwise prohibited herein below; provided, nothing
contained herein shall be construed to require any Owner to open or operate any form of business in the
Property for any period of time or at all, but it may operate any form of business not prohibited herein or by
law or otherwise. The following uses shall also be specifically prohibited on the Property regardless of zoning:
(a) Any production, manufacturing, industrial, or storage use of any kind or nature, except
for storage of products incidental to the retail sale thereof from the Lot.
(b) Undesirable entertainment or recreational facilities. As used herein, "undesirable
entertainment or recreational facility" includes, a skating rink, massage parlor, discotheque, dance hall, teen
club, free standing night club, bar or tavern not located within the motel constructed on the Lot, flea market,
head shop, pornographic or "adult" store, bowling alley, or tattoo or body piercing parlor or establishment.
(c) Any use which creates a nuisance or materially increases noise or the emission of dust,
odor (but not including restaurants which are otherwise permitted), smoke, gases, does not preserve the
"sprinkler" fire insurance rates, or increases explosion or radioactive hazards on adjacent lots.
(d) Assembling, manufacturing, distilling, refining, smelting, agriculture, or moving
operation;
(e) Any mobile home or trailer court, labor camp, junk yard, stock yard, animal raising or
veterinary hospital, except the temporary use of construction trailers during the period of construction,
reconstruction or maintenance shall also be permitted;
(f) Any drilling for, in or removal of subsurface substances;
(g) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of
garbage compactors located in the rear of any building);
(h) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court
order) or auction hours operation;
(i) Any outdoor circuses, outdoor public meetings, or commercial laundry plants;
0) Any "second hand" store, Army, Navy or government "surplus" store, except for
upscale -type stores; and
(k) Any pawnshop, a business whose primary activity is check cashing, paycheck loan
operation, or the like.
3
1243063.1
I
The restrictions imposed under this Paragraph 2 shall be a servitude upon the Lot and shall be binding
upon any person acquiring an interest in any part of the Lot, whether in fee, by lease or otherwise. The
restrictions contained in this Paragraph 2 may not be amended without written consent of the Grantor for so
long as the Grantor owns an interest in the Property, and thereafter a majority of the owners of the other lots
reflected on the Plat, as may be hereafter amended or modified (with such majority in interest being determined
based on the respective square footage of such lots).
3. Compliance with Governmental Restrictions. The construction of any buildings or
improvements on the Lot shall comply with and be subject to all building codes, zoning ordinances and
restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any
other federal, state, county or local authority and any restrictions having jurisdiction over the Property. The
Fee Owner shall not permit any of Fee Owner's or Fee Owner's tenant's employees, agents, licensees,
customers, guests, invitees or other third parties to use Remington Drive as proposed and shown on the Plat (or
as such street is later renamed) for parking.
4. Landscaping. Owner will be responsible for the design, development and maintenance of the
landscape on the Owner's Lot and continuous planting areas within the various rights of way and easement
areas affecting said Owner's Lot. Contiguous lots owned by any Owner reserved for future expansion shall
have the required landscape areas fronting on any city streets between the sidewalk area and the right of way of
said streets fully developed at the times of the Initial Use of the Owner's improvements on a contiguous parcel.
Mowing of any undeveloped parcels shall be required at least weekly during the growing season. Dead or
extensively damaged trees, ground cover or shrubs shall be replaced within thirty (30) days after damage with
substantially identical trees, ground cover, or shrubs, etc., subject to deferral of replacement based upon
seasonal conditions. In addition to the foregoing restrictions, with respect to those Lots which front Remington
Drive, the Owner of such Lot shall install between the sidewalk and curb of such street (the "right of way
area") solid zoysia sod (Meyer Z-52) or other equivalent approved by the Grantor together with an appropriate
irrigation system to water the same. Such additional shrubbery or ground cover may be installed within this
right of way area at the Owner's discretion. The foregoing notwithstanding, the Grantor shall have the right to
install all such sod and irrigation system within the right of way area and treat such irrigation cost (but not the
initial installation cost) as a common maintenance expense described in Paragraph 12(e) below. Each Owner
shall be responsible for mowing and maintaining the right of way area on its Lot in a manner consistent with
such Owner's overall maintenance and mowing of remaining landscaping on such Lot. Provided, however, in
the event that such Owner fails to maintain such right of way area in accordance with the standards exhibited
by the other Owners of Lots having frontage on Remington Drive, the Owners Association (described in
0
1243063.1
Paragraph 12 below) shall have the right to assume the irrigation, maintenance and mowing responsibilities
within said right of way area and shall directly charge the costs allocable thereto to the Owner of such Lot.
5. Drainage. Utility and Service Easements. Grantor grants and subjects the Property to and
grants for the benefit of the Lot, perpetual, nonexclusive easements within the Utility Easement Areas as
shown on the Plat for the installation, operation, flow, passage, use, maintenance, connection, repair,
relocation, and removal of underground lines or systems for utilities serving any or all of the other Lots,
including but not limited to, sanitary sewers, storm drains, cable TV, water (fire and domestic), irrigation, gas,
electrical, telephone and communication lines, together with the right of ingress and egress for installation,
maintenance and repair thereof necessary for the orderly development and operation ofthe property and the Lot
in accordance with the general requirements of the Plat. No easement shall be deemed granted under any
Building Area shown on the Plat or under any Building actually constructed.
All construction, alteration, and repair work to any utility described in this Paragraph 5 shall be
accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits,
approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by
Grantor or any Owner shall be subject to the construction standards required to cause acceptance thereof by the
City of Little Rock or utility service, as the case may be. The Owner undertaking such work shall take all
reasonably necessary measures to minimize any disruption or inconvenience caused by such work and, except
in the case of an emergency, shall give the affected Owners and tenants written notice a minimum of seventy-
two (72) hours prior to commencing such work. Such work shall be accomplished in such a manner as to
minimize any damage or adverse effect which might be caused by such work to the Lot on which the work is
being done. If such work requires excavation of any portion of any road, the Owner causing such work to be
done shall use all reasonable efforts to cause such excavation to commence and be completed during hours
when the business places in the Property are not open for business to the public and, in any event, shall provide
suitable alternative ingress and egress immediately adjacent to said road if it is not practical to keep at least one
lane of said road open during the work. Any excavation of any access roadway within the Property shall be
properly backfilled within twenty-four (24) hours, if reasonably practical. The Owner undertaking such work
shall repair at its own cost and expense any and all damage caused by such work and, upon completion of such
work, shall promptly restore the affected portion of the Property or the Lot upon which such work is performed
to a condition which is equal to or better than the condition which existed prior to the beginning of such work.
In addition, the Owner undertaking such work shall promptly pay all costs and expenses associated therewith
and shall defend, indemnify and hold the other Owners harmless from all liens, claims of lien, injuries,
damages, losses, or claims, including reasonable attorney's fees actually incurred at trial and appellate levels,
1243063.1
attributable to the performance or non-performance of such work. No Owner shall undertake construction
activity on another Owner's Lot or the Property not owned by such Owner without the prior consent of such
Owner.
6. Water Flow and Sanitaa Sewer.
(a) Flow of Water. Grantor hereby reserves, grants, conveys, establishes and declares for
the benefit of the Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any
portion of the Lot as reasonably necessary for surface water run-off and, within any portion of the Lot which is
not a Building Area, for the construction, installation, use, maintenance and repair of any underground
drainage system to receive surface water from the benefited Lot and conduct such water over or under the Lot
as necessary to a discharge area. The Owner of the Lot shall determine in its sole, but reasonable, discretion
the most effective location for drainage purposes for the placement of any and all components of such
underground drainage system to be located on its Lot (the "Drainage Plan") and shall submit the Drainage Plan
to the Grantor for review and approval. Following approval, each Owner hereby agrees to the location for such
improvements as shown on the approved Drainage Plan and once any drainage line or lines have been installed
on the Lot or otherwise, the portion of the applicable Lot encumbered by such easement granted in this
paragraph shall be limited to the area within ten (10) feet on either side of the center line of such drainage line.
Notwithstanding anything contained herein to the contrary, in no event shall any owner ofthe Lot be permitted
to change the natural flow of the surface water run-off from such Lot in any manner which increases the
concentration of such surface water run-off onto an adjoining Lot.
(b) 5tornWater System. Owner will construct on Owner's Lot and shall thereafter
maintain at Owner's sole cost and expense, the improvements necessary to control the storm water run-off
from such property and to transport the same under or across the Property to storm water sewer in accordance
with the Drainage Plan. Owner shall indemnify and hold the Grantor and other Owners of Lots in the
Remington Road Property from and against any and all damages suffered by the Owner of the Lot including
response costs, environmental clean-up costs and attorneys' fees and costs resulting from any environmental
contamination to such Owner's Lot which contamination came from, over, under or across that respective
Owner's Lot.
(c) Sanitary Sewer. Grantor will provide sewer to the property line of the Lot at such
location as deemed most efficient in the discretion of the Grantor and each Owner shall thereafter maintain
on
ocated
each at its sole cost and expense, that portion of the sanitary sewer system serving the Property
Owner's Lot. Once any portion of said sanitary sewer line has been dedicated to and the responsibility for the
maintenance thereof accepted by the appropriate government authority, then the maintenance responsibility set
6
1243063.1
forth herein with respect to such portion shall automatically terminate.
7. Retaining Walls. Grantor must approve all initial construction of any retaining walls on the
Lot, including design and building materials. All wall construction must be of materials approved by Grantor
and shall be consistent with the design and appearance of any retaining walls on any adjoining Lot. Grantor
shall have the right to design a common retaining wall for the northern facing boundary of the Property and
each Owner of the Lot on which a portion of the wall is located shall be required to reimburse Grantor for the
pro rata cost of the construction of the retaining wall based upon the number of square feet of wall area located
on the Fee Owner's Lot compared to the total square footage of the entire retaining wall. If following initial
construction of the retaining wall on the Lot, the wall is damaged, then the Fee Owner of the Lot on which
such damaged area exists shall be responsible for the repair of such wall and shall do so in a prompt manner so
as not to cause any additional damage to the wall or the structural integrity of the entire retaining wall. Unless
maintenance of the retaining wall is treated as a common area expense described in Paragraph 12(e) below,
each owner shall be responsible for maintaining that portion of the retaining wall on such owner's Lot. Once
initiated, all wall construction, maintenance or repairs must be diligently prosecuted to completion.
8. S i R1iave. Owner shall have the right to maintain such signs on the interior of buildings located
on the Lot as it desires, whether or not such signs are visible from the exterior. As permitted by applicable
governmental regulations, Owner shall have the right to erect, maintain and replace freestanding signs or signs
on the exterior of the buildings ("Building Signage") located on the Lot; provided, such Building Signage shall
be constructed so as to lie flat against such exterior fascia facing outward and shall not protrude more than two
(2) feet from the surface thereof, and provided further, in no event shall Building Signage be located on the
roof of any buildings on the Property without the prior written consent of the Grantor for so long as Grantor
owns any interest in the Remington Road Property and thereafter the Board of Managers of the Owners
Association. Building Signage shall be either back lit or front lit individual channel letter signs and shall be in
accordance with any city ordinances. No temporary standalone signage shall be permitted an the Lot along
Remington Road following the initial construction and occupancy of improvements on such Lot, which
prohibition shall include, but not be limited to, the placement of "For Lease", For Sublease", "For Sale,"
"Financing Provided By" or other similar signs on the Property which are not intended to be permanent in
nature.
9. Enforcement of Obligations. In the event legal proceedings are brought or commenced to
enforce any of the terms of this Declaration against any owner or other person with an interest in the Lot, the
successful party in such action shall be entitled to receive and shall receive from the defaulting owner any and
all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the
7
1243063.1
same action. Grantor, for so long as Grantor owns any portion of the Remington Road Property, and thereafter
a majority of the owners of the other lots included in the Remington Road Property, as may be hereafter
amended or modified (with such majority in interest being determined based on the respective square footage
of such lots) shall have the right to commence any action to enforce the obligations of the Fee Owner under
this Declaration.
10. No re-Plat,Subdivision or Re -Zoning of Lot Permitted. No Fee Owner of the Lot shall be
permitted to re -plat, subdivide or re -zone any portion of the Lot during the term this Declaration is in effect
without the without written consent of the Grantor for so long as the Grantor owns an interest in the Remington
Road Property, and thereafter a Majority of the Owners of the Remington Road Property, as may be hereafter
amended or modified. Any such requested consent may be withheld in the sole and absolute of the Grantor or
other Lot Owners as the case may be.
11. Modifications. All negotiations and oral agreements acceptable to the Grantor have been
incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect
whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor, for so long as the
Grantor owns an interest in any of the Remington Road Property and then thereafter by a Majority in Interest of
the Owners of the Remington Road Property, based upon the respective square footage of the Lot located
within the Remington Road Property compared to the total square footage of the Remington Road Property.
12. Owners Association.
(a) Formation of Owners' Association Annual Meetin and Votin . Effective upon the
filing of this Declaration, the Grantor and the Owner hereby form an Owners' Association to be known as the
"Remington Drive Owners Association" (the "Owners' Association") covering the Property described on
Exhibit `B-1" attached hereto and made a part hereof (the "Remington Road Property"), for purposes of
administering, enforcing and overseeing the respective rights, duties and obligations of the Owners under the
Declaration. The Owners' Association shall not incorporate, but instead shall operate as an unincorporated
association. Once formed, each Owner (including Grantor) and its successors in interests, shall be a member of
the Owners' Association pursuant to the terms of this Declaration. The Owners shall hold a meeting not less
than annually at such time and place as the Board of Managers may decide. Notice of such annual meeting
shall be sent to each Owner not less than ten (10) days prior thereto. In any action requiring a vote of the
Owners, each Owner's vote shall be based upon such Owners' Pro Rata Share of the total gross square footage
of all Lots contained within the Remington Road Property described on Exhibit "A-1". The foregoing
notwithstanding, the Owners shall have the right to formally incorporate the Remington Drive Owners
Association upon the adoption of Articles and Bylaws which are consistent with the governing provisions set
8
1243063.1
forth in this Declaration and containing such additional terms and conditions as approved by the unanimous
consent of the Owners.
(b) Board of Managers. The Owners' Association shall be governed by a Board of
Managers which shall be elected annually. Each Owner shall have the right to designate one representative to
the Board of Managers for the Lot owned by such Owner (i.e., if the Grantor owns three Lots, then the Grantor
would be entitled to appoint three representatives on the Owners' Association). Each Owner of the Lot shall
have the discretion to remove and replace its manager representative(s) in such Owner's sole and absolute
discretion. The Board of Managers shall meet on a semi-annual basis or as more frequently determined
necessary by the Board of Managers in order to address the concerns of the Owners or to address enforcement
and administration of the Owners' obligations under this Declaration. In any action requiring a vote of the
Board of Managers, each manager shall have a voting right equal to one (1) vote with respect to the Lot
represented by such manager. A manager may represent more than one Lot and shall have the cumulative
voting rights of the Lot represented by such manager.
(c) Dues and Assessments. The board of managers shall have the discretion to establish
assessment or dues to be paid by the Owners to cover the cost to be paid by the Owners under this Declaration
and to determine the timing of such payments. The Owners' Association may also undertake such joint
promotion of the Remington Drive as approved by a Majority in Interest of the Owners. The foregoing
notwithstanding, any capital expenditure or non -recurring special assessment in excess of $10,000 in the
aggregate during any twelve (12) consecutive month period shall require the ratification and approval of all of
the Owners of lots contained within the Property.
(d) Officers. The Board of Managers shall, on an annual basis, designate officers of the
Owners' Association, which shall consist of a President, Secretary and Treasurer, and such additional officers
as may be approved by the Board of Managers. The offices of Secretary and Treasurer may be held by the
same person. The President shall be the chief executive officer of the Owners' Association and shall preside at
all meetings of the Board of Managers and Owners and perform all duties incidental to the office of the
President in overseeing the general day-to-day operation of the Owners' Association and such additional duties
as the Board of Managers designate. The Secretary shall attend all meetings of the board of managers and
Owners and shall keep full and accurate records of all proceedings at such meetings, shall perform such duties
as are incidental to the office of Secretary and such additional duties which may be assigned to the Secretary by
the board of managers. The Secretary shall retain custody of all of the Owners' Association record books. The
Treasurer shall have charge of the Owners' Association funds and pay all of the Owners' Association's bills,
collect all monies due the Association and keep full and accurate books of account and all monies paid to and
N
1243063.1
paid out of the Owners' Association. All such books and records shall be constantly open to the inspection of
the Owners and the Treasurer shall provide an annual financial statement and reconciliation of the amounts
received and paid out to the Owners. The Treasurer shall perform such duties as are incidental to the office of
Treasurer and all duties that the board of directors may from time to time assign to the Treasurer. No bond
shall be required for the Treasurer unless expressly required by the affirmative vote of a Majority in Interest of
the Owners.
(e) Payment of Pro Rata Share. The Fee Owners of the Lot and each owner of the Lot or
portion of the Remington Road Property described in Exhibit "A-1" shall be responsible for their respective
pro rata share of the costs of any common lawn maintenance, irrigation and landscaping, utilities and
maintenance of any sign easement area designated on the Lot or off of the Property for the benefit of the
Owners or any portion of the Lot shown on the Plat along its boundary adjoining Remington Drive between the
sidewalk and right of way of such road to the extent an Owner fails to do so as required under Paragraph 4
above, the installation, maintenance and utility costs of any entrance lighting along Remington Drive approved
by the Owners, reasonable administrative fees for overseeing the handling of the common areas and
obligations hereunder if not handled by a third party agent, and such other common expenses approved by the
Owners' Association. Grantor, for so long as Grantor owns a Majority in Interest of the Remington Road
Property described on Exhibit `B", and thereafter the Owners' Association, shall approve such costs, which
approval may not be unreasonably withheld. A vote of not less than a Majority in Interest of the Owners shall
be required to approve any such actions (which Majority in Interest shall include the Owner(s) of Lot 8A, 813,
9, 12, 14, 15 and 16 if such owner(s) elect to participate in the Owners' Association). Such costs and
assessments against the Lot may be enforced against the Fee Owner of such Lot in accordance with Paragraph
6 above and shall constitute a lien on such Lot if unpaid within thirty (30) days of the date of invoice. In the
event the Grantor or the board of managers of the Owners' Association (as defined in (a) above) determines it
is in the best interest of the Owners of the Lot, and if a Majority in Interest of the Owners ratify such decision,
the Grantor or the Owners' Association, as the case may be, may appoint a third party as agent ofthe owners to
maintain the common lawn maintenance and landscaping, if any. Each Owner of the Lot shall be responsible
for its Pro Rata Share of the costs described in this Paragraph 12. The Owners shall be billed for such charges
not less than semi-annually (or as otherwise approved by the Owners' Association or, if not formed, a Majority
in Interest of the Owners) and shall pay all invoices within thirty (30) days of receipt.
13. Indemnification and Insurance
(a) Indemnification. To the extent of such Fee Owner's negligence, or willful or
intentional act, each Owner hereby indemnifies, defends and saves the other owners and tenants ofthe Property
10
1243063.1
harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments arising from
personal injury, death, or property damage occurring on or from its own tract, except if caused by the act or
negligence of the other Owner or tenant or invitee of the other Owner's Property.
(b) Insurance. Fee Owner agrees to procure or cause to be procured and maintained in
full force and effect throughout the term of this Declaration general public liability insurance and property
damage insurance against claims for personal injury, death or property damage occurring upon, in or about its
property, Fee Owner's insurance to afford protection to the limit of not less than $1,000,000.00 for injury or
death of a single person, and to the limit of not less than $2,000,000.00 for any one occurrence, and to the limit
of not less than $1,000,000.00 for property damage. In the event that inflation renders the foregoing insurance
limits commercially unreasonable, then Fee Owner shall carry insurance in commercially reasonable amounts.
The foregoing notwithstanding in the event the Owners' Association is able to obtain coverage described in
this subparagraph (b) for the benefit of all Owners covering the Access Drives, Detention Pond and any other
common areas the Owners shall be excused from maintaining coverage required under this subparagraph (b).
At all times during the term of this Agreement, Fee Owner shall or shall cause the improvements on its
property to be insured against loss or damage by fire and other perils and events as may be insured against
under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state of
Arkansas, with such insurance to be for the full replacement value of the insured improvements.
(c) Waiver of Certain RiQl�,its. Fee Owner hereby releases all other Owners for itself and
its property insurer from and against any and all claims, demands, liabilities or obligations whatsoever for
damage to each other's property or loss of rents or profits of the other resulting from or in any way connected
with any fire or other casualty whether or not such fire or other casualty shall have been caused by the
negligence or the contributory negligence of the Owner being released or by any agent, associate or employee
of the party being released, this release being to the extent that such damage or loss is covered by the property
insurance which the releasing Owner is obligated hereunder to carry, or, if the releasing Owner is not carrying
that insurance, then to the extent such damage or loss would be covered ifthe releasing party were carrying that
insurance.
(d) Contractor's insurance. Prior to commencing any construction activities within the
Lot owned by such Owner, the Owner thereof shall obtain or require its contractor to obtain and thereafter
maintain so long as such construction activity is occurring, at least the following minimum insurance coverage:
(i) Workers' compensation - statutory limits;
(ii) Employer's liability - One Hundred Thousand Dollars ($100,000);
11
1243063.1
(iii) Comprehensive General and Comprehensive Auto Liability as follows:
(1) "Combined Single Limit" (covering bodily injury liability, death and property damage) in any one
occurrence of not less than One Million Dollars ($1,000,000); (2) Independent Contractors Liability or Owner's
Protective Liability with the same coverage as set forth in (1) above; (3) Products/Completed Operations
Coverage which shall be kept in effect for two (2) years after completion of work; (4) "XCU" Hazard
Endorsement, if applicable; (5) "Broad Form" Property Damage Endorsements; (6) "Personal Injury"
Endorsements; (7) "Blanket Contractual Liability Endorsement. Provided, however, the Majority -in -Interest of
the Owners may increase the coverage amounts required hereunder.
If the construction activity involves the use of the Common Access Drives or another Owner's Lot,
then the Owners of such Lots shall be named as additional insureds and such insurance shall provide that the
same shall not be canceled without at least thirty (30) days prior written notice to the named insured.
14. Duration. Unless otherwise canceled or terminated, all of the easements granted in this
Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically and be of
no further force and effect ninety-nine (99) years after the date of filing hereof.
15. Removal of Restrictions on Replat_of Lot. So long as Grantor owns the Lot, Grantor retains
the right to remove such Lot from these Restrictions for purposes of removing such Lot from Remington Road
Centre and replatting such Lot as part of Colonel Glenn Centre Addition lying immediately north of the
Property.
16. Miscellaneous.
(a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the Lot to the general public or for any public purposes whatsoever, it being the
intention of the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed.
(b) Severability. 1f any term or provision ofthis Declaration or the application of it to any
person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or
the application of such term or provision to persons or circumstances other than those as to which it is invalid
or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid
and shall be enforced to the extent permitted by law.
(c) Governing Law. This Declaration shall be construed and enforced in accordance with,
and governed by, the law of the State of Arkansas.
(d) No Presumption. This Declaration shall be interpreted and construed only by the
contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner.
12
1243063.1
(e) Inurement. This Declaration and the easements, covenants, benefits and obligations
created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and
assigns
(f) Other Agreements. Nothing herein shall restrict an owner from imposing upon an
tenant of the Lot more restrictions and/or higher standards than set forth herein.
(g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereof to the
contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the
provisions hereof shall be applicable and shall supersede the provisions hereof.
(h) Entire Agreement. This Declaration constitutes the entire agreement regarding this
subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation
not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered
in any respect except as provided herein.
(i) No Third Party Beneficiaries. No party, other than the Owners and Grantor shall have
any rights or benefits of this Declaration.
IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written.
Reviewsd only for inc'.usion of minimum standards
required by the City of uwe Rc d subdivision regul2fii=
Bill of Assurance provisions established by the
developer may exmed minimurn regulations of tha
Little Rock subdivision and zoning ordinances,
A*IXU—ttle Rock �PlanniM�Um��
ission
13
1243063.1
Remington Road Centre LLC
M.
Leonard Boen, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said
County and State, appeared in person the within named Leonard Boen, to me personally well known, who
stated that he was the Manager of REMINGTON ROAD CENTRE LLC, an Arkansas limited liability
company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the
name and behalf of said limited liability company, 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 official seal this Z 1"day of March,
2011.
Notary Public
My Commission Expires:
/O_/-2A/L
.,•• G• GAR4'••.
%•N�'pTRR'ti.
Comm. Expires
10-01-12
's AUBL� ..'
�k! court,:►•'�*
14
1243063.1
Exhibit A-1
LOT 23
PROPERTY DESCRIPTION
PART OF THE NE 1/4 OF SECTION 21, T-1-N, R-13-W, LITTLE ROCK,
PULASKI COUNTY ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8B COLONEL GLENN CENTRE ADDITION
THENCE S 2'20'05" W 60.00' TO THE POINT OF BEGINNING
BEING A CURVE TO THE RIGHT WITH RADIUS OF 25.00' AND A CHORD BEARING AND DISTANCE OF
S 42'58'29" E 35.16' THENCE S 01'42'57" W 244.35'
TO A CURVE TO THE RIGHT WITH RADIUS OF 25.00' AND A CHORD BEARING AND DISTANCE OF
S 47'01'31" W 35.55'; THENCE N 87'39'55" W 208.82'
THENCE N 01'38'35" E 294.36'; THENCE S 87'39'55" E 209.73';
TO THE POINT OF BEGINNING CONTAINING 1.58 ACRES MORE OR LESS
15
Exhibit A-2
i
v;
z
PO
P
H
z
E- U
a03z�
Z.4Coz
w w w�
O E-
aH
o�
OVON A311Vl
W
.SV"Z M ..413.ZVJO S
wz
W
ov as
iw3
NW
wm
n
0 [71
OZ
�• COY F
O
Z b
'
w in
W "off,
n
a
'fj$
WOa
F1
¢ip
■
NWr���
CL
�a�
¢o
W N
En M
U)00
s
OQtN
w<og
wYLOM
Of
0oz
XOfoo
mow=
J
o
O J
16
Exhibit `B"
Legal Description for Remington Road Property
Lots 8A, 8B, 9, 12, 14, 15, 16 and 23, Colonel Glenn Addition, Pulaski County, Arkansas and the
following unplatted property:
PART OF THE NE 1/4 OF SECTION 21, T-1-N, R-13-W, LITTLE ROCK,
PULASKI COUNTY ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15 BOEN CENTRE ADDITION
THENCE N 02'20'05"E 325.10';TO A CURVE TO THE LEFT WITH RADIUS OF
430.00' AND A CHORD BEARING AND DISTANCE OF S 7645'48" E 162.65,
THENCE S 87'39'55" E 509.73'; THENCE S0138'35" W 294.36'; THENCE
N 87'39'55" W 672.64' TO THE POINT OF BEGINNING CONTAINING
4.57 ACRES MORE OR LESS
17
1243063.1
Print
Page 1 of 1
From: KEATHLEY, CHRIS (ATTSWBT) (ck0826@att.com)
To: mcgetrick2@sbcglobal.net; djames@littlerock.org;
Date: Tue, April 5, 2011 12:50:36 PM
Cc: ck0826@att.com;
Subject: FW: final plat lot 23 colonel glenn centre
ATU approves request for final plat of lot 23 Colonel Glenn Centre.
Chris Keathley
Manager OSP Ping & Eng Dsgn
501.373.6594 O
501.615.5823 C
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 05, 2011 11:37 AM
To: Jim Boyd
Cc: Joni Bates; blake weindorf; tthomp1 @entergy.com; Melanie Adams; KEATHLEY, CHRIS (ATTSWBT)
Subject: final plat lot 23 colonel glenn centre
Please review the attached final plat. If you have no revisions, please notify
us or Donna James at planning. All improvements were in place several years
ago and placed in easement or street row.If you have any questions please contact us.
Thanks
Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2grO2gl 4/27/2011
Print Page 1 of 1
From: Bates, Joni B. Ooni.bates@centerpointenergy.com)
To: mcgetrick2@sbcglobal.net;
Date: Tue, April 5, 2011 2:35:49 PM
Cc:
Subject: RE: final plat lot 23 colonel glenn centre
Approved
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 05, 2011 11:37 AM
To: Jim Boyd
Cc: Bates, Joni B.; blake weindorf; tthomp1 @entergy.com; Melanie Adams; Chris Keithley
Subject: final plat lot 23 colonel glenn centre
Please review the attached final plat. If you have no revisions, please notify
us or Donna James at planning. All improvements were in place several years
ago and placed in easement or street row.If you have any questions please contact us.
Thanks
Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr02gl 4/27/2011
Print
Page 1 of 1
From: Jim Boyd Oim.boyd@lrwu.com)
To: DJames@littlerock.org;
Date: Tue, April 5, 2011 2:56:50 PM
Cc: mcgetrick2@sbcglobal.net;
Subject: FW: final plat lot 23 colonel glenn centre
Sewer is available to this property and no additional easements are required by LRW. LRW has no
objection to filing this plat.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 05, 2011 11:37 AM
To: Jim Boyd
Cc: Joni Bates; blake weindorf; tthompl@entergy.com; Melanie Adams; Chris Keithley
Subject: final plat lot 23 colonel glenn centre
Please review the attached final plat. If you have no revisions, please notify
us or Donna James at planning. All improvements were in place several years
ago and placed in easement or street row.If you have any questions please contact us.
Thanks
Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr02gl 4/27/2011
Print
Page 1 of 1
From: B1ake.Weindorf@CArkW.com (Blake.Weindorf@CArkW.com)
To: DJames@littlerock.org;
Date: Wed, April 6, 2011 9:42:39 AM
Cc: mcgetrick2@sbcglobal.net;
Subject: Fw: final plat lot 23 colonel glenn centre
NO OBJECTIONS -
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
----- Forwarded by Blake Weindorf/CAW on 04/06/2011 09:46 AM -----
From: MCGETRICK MCGETRICK <mcgetrick2@sbcglobal.net>
To: Jim Boyd <jim.boyd@lrwu.com>
Cc: Joni Bates <joni.bates@centerpointenergy.com>, blake weindorf <blake.weindorf@carkw.com>, tthompl @entergy.com, Melanie Adams
<madams@herringgroup.com>, Chris Keithley <ck0826@att.com>
Date: 04/05/2011 11:32 AM
Subject: final plat lot 23 colonel glenn centre
Please review the attached final plat. If you have no revisions, please notify
us or Donna James at planning. All improvements were in place several years
ago and placed in easement or street row.If you have any questions please contact us.
Thanks
Pat Before you print this email think about the environment.
http://us.mg204.mail.yahoo.comldc/launch?.partner=sbc&.gx=1 &.rand=c684ec2grO2gl 4/27/2011
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING,APPROVALS
NAME —Colonel Glenn Centre Lot 23
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improve nts remain un mpleted and a punch list has been prepared and sent.
Engineering Specialist Date:
ADDRESSING SPECIAL T'S REPORT
1 �v2er t a d fin at the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have viewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
�•-*�� Traffic Engineer Date:
Yew ST67e 7 6F- F32L o-
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
V� Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
A requirements for final plat approval have been satisfied.
C2 Surveyor
MANAGEVPPROVAL
A1lll Civil Engineering requirements for filing this final plat have been satisfied.►j 10. � r \ Date:
U—
Design Review Engineer/Civil Engineering Manager
April 1, 2011
Date: '7 lie h i
Date: