RESTRICTIVE COVENANTS
IBERVILLE PARISH INDUSTRIAL AND TECHNOLOGY PARK 

STATE OF LOUISIANA
PARISH OF IBERVILLE

The following declaration of covenants and restrictions are hereby adopted by the Iberville Parish Council for use and development of the Iberville Parish Industrial and Technology Park.

LAND USE:

Property in this industrial park may be used only for office, business, research, light industrial, and other activities associated therewith. The following operations and uses, together with uses prohibited by law, shall not be permitted on the property subject to this agreement;

1. Single-Family Residential
2. Mobile Home Parks
3. Junk Yards
4. Dumping, onsite disposal, incineration or reduction of garbage, sewage, dead animal or refuse
5. Refining of petroleum or of its products
6. Cemeteries or mausoleums
7. Jail, penal, detention or correctional facilities
8. Gasoline service stations
9. Community Fairs
10. Clubs or Lounges
11. Sanitary Landfills
12. Boarding or Breeding kennels
13. Funeral homes
14. Aircraft Landing Strip
15. Grain Elevators
16. Restaurants

 No portion of the property shall be used in such a manner as to create a nuisance to others located within the industrial park. For the purposes of these covenants a nuisance shall consist of any use of the property in any manner which causes excessive vibrations, excessive lighting, excessive sound, electromagnetic disturbance, radiation, air or water pollution, dust or emission or odors and similar disturbances to the extent that a hazard is created or there is a material detriment to the other property owners, lessees, licensees or occupants of any tract or lot located within the industrial park.

DESIGN, CONTROL AND MAINTENANCE:

No building, fence, wall or other structure shall be commenced, erected or maintained, and no addition or alterations to the exterior shall be made until the construction plans and specifications and a plan showing the location of the structure shall have been approved in writing by the Iberville Parish Council. This approval shall deemed to have been granted should the Council fail to approve or disapprove, in writing, any such application within ninety (90) days from formal written submission of the application.

All buildings and improvements hereafter erected on the industrial park land shall conform to all application building codes in effect at the time of the construction of the building.

All buildings shall be either/or pre-engineered building construction with colored panels and trim, masonry construction, block construction, pre-cast concrete construction or any other acceptable industrial type construction that shall be neatly trimmed and attractive. No wood shall be used as an exterior finish for any building.

The owner of each parcel of land shall maintain and require any tenant or other person in possession thereof to maintain the exterior of every building or other structure, the landscaping, and all walks, driveways, and parking areas, and other appurtenances in good condition and repair, and free from the accumulation of rubbish, debris or other waste materials.

The owner of each parcel of land shall maintain and require any tenant or other person in possession thereof to maintain the exterior of every building or other structure, the landscaping, and all walks, driveways, and parking areas, and other appurtenances in good condition and repair, and free from the accumulation of rubbish, debris or other waste materials.

To maintain a park like effect, the entire area of any lot shall be landscaped and lawned except for that portion occupied by buildings or other structures, paved walks, parking areas, and storage areas. If the owner fails to undertake and complete the landscaping within one hundred twenty (120) days after substantial completion of the construction of buildings, the parish shall after giving owner ten (10) days written notice, proceed thereafter and undertake to complete the landscaping of the lot in accordance with the landscaping plan. The costs of such landscaping shall be paid by the owner of such lot to the parish within thirty (30) days after written notice of such cost to the owner.

SETBACK LINES:

Buildings erected on the property shall have the following minimum setbacks from right-of-way line of any street dedicated to public use;

1. Thirty-five (35) feet for tracts containing five acres or less
2. Fifty (50) feet for all tracts larger than five acres

FENCES AND SHRUBBERY:

No fences or shrubbery shall be erected nearer than thirty-five (35) feet to any public street right-of-way.

LOADING FACILITEIS AND EXTERIOR STORATE AREAS:

Truck loading and receiving and exterior storage areas shall be permitted in the rear and side yards of any buildings on any lot only if sufficient visual screening is installed by owner. No loading and receiving areas shall be permitted in areas fronting on the industrial park road known as “John Britton Boulevard”. All exterior storage shall be on the side or rear of the property and occur within all designated setbacks. Exterior storage shall be visually screened from adjacent streets and neighboring properties. All exterior storage shall be enclosed by a fence or wall not higher than ten (10) feet.

PARKING:

All properties shall provide sufficient area to insure that no parking will be necessary on any street dedicated for public use, which shall be prohibited. Off street parking shall be provided to meet the needs of all employees and visitors to the facility. All parking areas shall be paved with concrete or asphalt, and shell or limestone parking areas shall be permitted provided that same are located at least one hundred (100) feet from any street right of way dedicated to public use.

EASEMENTS:

Easements and servitudes for the installation and maintenance of public utilities are as provided by the official plat of the survey on the industrial park. No operations shall be conducted on any tract, which will interfere with these servitudes.

SIGNS: 

No billboards or outdoor advertising is permitted. Appropriate identifying the name of the business and its products located on the property will not be erected without the specific written approval of the Iberville Parish Economic Development Commission.

ENFORCEMENT:

All proceedings to enforce these restrictive covenants shall be at law or in any court of competent jurisdiction. Prior to the institution of such proceedings, notice of any alleged violation of these covenants shall be provided to the tenant and a reasonable opportunity granted to correct any non-compliance violations.

AMENDMENT OR WAIVER:

Upon written application made to the Iberville Parish Economic Development Commission and recommendation to the Iberville Parish Council, the Council may waive or amend any of the conditions, restrictions, limitations, or agreements with respect to any tract, designated acreage or the industrial park as a whole, provided that a showing or finding is made that such waiver or amendment would not be detrimental to the industrial park as a whole. Any waiver or amendment to a specific tract or designated acreage shall not be deemed or construed as a waiver or any condition, restriction, limitation or agreement as to the remainder of the property within the industrial park.

INVALIDATION AND RECAPTURE:

If after the expiration of one (1) year form the execution of a sales contract on any tract of land, building or acreage located within the industrial park any purchaser or lessee shall not have begun in good faith with reasonably complete arrangements to carry through to completion of construction of an acceptable building thereon, the Iberville Parish Council reserves the option to automatically rescind the sale and refund the purchase price paid without any necessity of instituting legal proceedings. Said decision to rescind the sale shall be made by the Iberville Parish Council after notification to the purchaser or lessee that the issue will be considered at a public hearing conducted at a parish council meeting at which the purchaser or lessee may be present to present any evidence regarding the recession of the sale. The Parish Council also reserves the right to grant an extension as may be needed if in the opinion of the Parish Council

Invalidation of any of these restrictive covenants or the failure to enforce any of the same at the time of its violations shall in no way effect the enforceability of the same restrictive covenant or any other restrictive covenants nor be deemed as a waiver of the right to enforce the same covenant or any other covenant.

RESALE:

If any owner or tenant receives a bona fide offer to sell unimproved property to any other party and desires to sell, the purchaser shall present to the Parish Council, in affidavit form, the terms and conditions of such bona fide proposal of sale. No sale or partition of any lot contained within the Iberville Parish Industrial and Technology Park shall be made without the express written approval of the Iberville Parish Council. Any prospective purchaser shall utilize the land in accord with the terms and restrictions applicable to the industrial park as mandated by the Parish Council.

 No tenant or owner shall have the right to sublease or assign any property contained within the Iberville Parish Industrial and Technology Park.

UTILITIES:

All utility lines shall be located underground. Transformer or terminal equipment shall be visually screened from the streets and adjacent properties.

TERM:

These restrictive covenants shall be binding upon all property contained within the Iberville Parish Industrial and Technology Park for a period of thirty (30) years from date of adoption by the Iberville Parish Council, after which they shall be automatically extended for successive ten (10) year periods.

OTHER RESTRICTIONS:

A business known as Diamond Plastics has previously been constructed and is operating a PVC pipe fabrication facility in the industrial park.  The Iberville Parish Council specifically approves and accepts the Diamond Plastics facility as being in compliance with these restriction covenants.

All requirements in the Conditional Act of Donation between The Dow Chemical Company, and the Iberville Parish Council filed for record at Conveyance Book 537, Entry 114 of the Conveyance Records of Iberville Parish shall be in full force and effect and binding on all parties locating within the Iberville Parish Industrial and Technology Park.

All requirements of the Declaration of Restrictive Covenants and Use Restrictions between The Dow Chemical Company and the Iberville Parish Council filed for record at Conveyance Book 537, Entry 136 of the Conveyance Records of Iberville Parish shall be in full force and binding on all parties locating within the Iberville Parish Industrial and Technology Park.