The City of John Day, a municipal corporation, being the owner of all the property located within Grant County Airport Industrial Park, hereby adopts the following Protective Covenants and Conditions to apply to and run with the land included in the Grant County Airport Industrial Park.

PURPOSE AND INTENT

The purpose and intent of these Protective Covenants are to give guidance and provide for the orderly growth of the Grant County Airport Industrial Park. In doing so, it is imperative that the community maintains a clean environment and provides for the health and safety of the Industrial Park occupants and the residents of John Day and the surrounding areas. The restrictions contained herein are intended to supplement local building, zoning and fire codes and shall not be construed as allowing a use not otherwise permitted by law.

ARTICLE I: RESTRICTIONS OF USE OF PROPERTY

Section 1. Owner means the owner of record of any lot with Grant County Airport Industrial Park for a contract purchaser if the seller retains legal title merely to secure performance of the contract.

Section 2. Each lot shall be used only for purposes allowed by the zoning regulations of Grant County, Oregon.

Section 3. The following conditions apply to each use within the subdivision:
a. All uses in the subdivision shall be carried on entirely within a completely enclosed building except for parking and loading, unless authorized by the Review Committee.
b. Any use or portion thereof causing noise, vibration or intense heat or glare shall be performed in such a manner as not to create a nuisance of hazard on adjacent property.
c. There shall be no emission of odorous, toxic, noxious matter or dust in such quantities as to be readily detectable at any point along or outside the property lines so as to produce a public nuisance or hazard.
d. All off-street parking or loading areas and access drives shall be well maintained gravel or asphaltic concrete. All parking lots and loading areas shall be provided with on-site drainage, including drill holes and catch basins.
e. Fenced, walls or hedges may be required by the review committee if, in the opinion of the committee, such screening is necessary to protect adjoining property or adjoining roads, streets or highways. These requirements may be in addition to any screening required by the appropriate governmental agency reviewing a proposed site plan.
f. Materials shall be sorted and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
g. Access from public streets to each lot in the subdivision shall be so located as to minimize traffic congestions.
h. No sign shall be placed upon any structure or lot without the express written consent of the review committee.
i. Each lot and its improvements shall be maintained in a clean and attractive condition, in good repair and in compliance with any regulations established by the Review Committee. Excess excavated materials shall be removed from each lot unless used for a specific reason approved by the review committee.
j. No construction offices may be left on any lot except during construction of an improvement.
k. All applicable zoning ordinances and building codes will be observed by each owner.
l. Site plans shall be reviewed and approved by the Review Committee before final approval is granted by the City of John Day.
m. Exposed metal or trim must be anodized or painted to blend with the exterior colors of each structure and be nonreflective.
n. Exterior walls, fences and trim shall be of type and quality with surface treatment as approved by the Review Committee. All other materials finishes and materials used for window frames and sliding doors must be approved by the Review Committee.
o. All landscaping and excavation must be approved by the Review Committee and in the case of lots abutting major arterials, the owner shall demonstrate to the satisfaction of the Review Committee how the view from such arterials shall be adequately preserved and protected.
p. All equipment, operational supplies, inventory, miscellaneous parts and storable items must be stored in approved buildings or garages, or trailers or must be screened with materials approved by the Review Committee.
q. All fuel tanks must be screened with material approved by the Review Committee or placed underground.
r. The Review Committee may allow a deviation from any of the above conditions when special circumstances justify different treatment of a lot or site plan.

ARTICLE II: REVIEW COMMITTEE

Section 1. There shall be a Review Committee composed of five (5) members chosen annually by the John Day City Council.

Section 2. The Review Committee shall supervise and control the design, ornamentation, location and aesthetics of structures upon lots in the subdivision and insure compliance with the standards set forth herein. No person shall erect, remove or alter any building, structure, wall or other improvement on any lot in the subdivision without the prior written approval of the Review Committee.
 
 All person who propose to erect, remove or alter any buildings, structures, wall or other improvement on any lot shall submit written plans, drawings and specifications therefore, to the Review Committee for approval or disapproval at least 30 days prior to the proposed actionThe Review Committee shall approve or disapprove the proposal within 30 days provided however, that the Review Committee shall be deemed to have approved the proposal if it takes no action on the proposal within 30 days after submission.

 The approval of the Committee shall be endorsed upon the plans before an application for a building permit is filed.

Section 4 Except as otherwise provided herein, a majority of the Review Committee shall have the power to act on behalf of the Committee. The Committee may render its decision only be written instrument setting forth the actions taken by the members consenting thereto.

Section 5 Consent by the Review Committee to any matter proposed to it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent.

Section 6 Neither the Review Committee nor any member thereof, shall be liable to any owner for damage, loss, prejudice suffered or claimed on account of any action or failure to act of the Committee or any member thereof, provided that only the members, in accordance with actual knowledge possessed by him, has acted in good faith.

ARTICLE III: GENERAL PROVISIONS AND ENFORCEMENT

Section 1. Every owner, the owner of any recorded mortgage, any contract seller, or the City of John Day shall have the right, but not the duty, to enforce the provisions of these protective covenants and conditions by any proceeding at law or in equity. Failure to enforce any covenant or condition contained herein shall in no event be deemed a waiver of the right to do so thereafter.

Section 2.
a.  Prior to taking any enforcement action, (except as stated in Section 2.b. below), written notice of the alleged violation of these covenants shall be delivered to the owner of the lot upon which the alleged violation is occurring or has occurred. The owner shall correct such violation within 60 days of the notice, or in the case of a violation that cannot be corrected within 60 days, the owner shall commence correction within the 60 day period and shall diligently proceed with the corrective action and if the property owner does not do so, an owner may take enforcement action.
b. No notice prior to taking enforcement action is necessary in an emergency situation or when the enforcement action is to stop construction or excavation.
c. Notice is deemed given by personal delivering to an owner, or upon mailing to the owner by certified mail, return receipt requested to the owner's address as shown in the Grant County Tax Collector's records.

Section 3. In addition to the remedies described in Section 1 of this Article and subject to the notice provided in Section 2 of this Article the City of John Day may enter upon the offending property, remove the cause of such violation or alter, repair, or change the item which is in violation. The reasonable cost of such action shall be the responsibility of the offending owner.

Section 4. In the event that legal suit or legal actions is instituted for the enforcement of this Declaration, or for any remedy for the breach of this Declaration, the prevailing party's reasonable attorney fees incurred in such suit or action at trial level and on appeal.

Section 5. These protective covenants and conditions shall run with and bind the land included in Grant County Airport Industrial Park. The terms of this Declaration shall inure to the benefit and shall bind declarant, all successors and assigns of declarant, and all owners of any lot in Grant County Airport Industrial Park, their successors, assignes, heirs, administrators, executors, mortagees, lessees, invitees or any other party claiming or deriving any right, title or interest or use in or to any real property in Grant County Airport Industrial Park.

Section 6. The protective covenants and conditions shall be effective for 25 years from the date hereof, after which time shall covenants automatically be extended for a successive period of ten years unless the owners of at least 75% of the lots in Grant County Airport Industrial Park and the City of John Day votes not to extend them. The decision not to extend these covenants and conditions shall be recorded in the deed records of Grant County, Oregon.

Section 7. Any of these covenants and conditions may be amended by an instrument executed by owners of at least 75% of the lots in the subdivision and the City of John Day. All such amendments shall be recorded in the deed records of Grant County, Oregon.

Section 8. Invalidation of any one of these covenants or conditions by judgement or court order shall not effect any other provisions which shall remain in full force and effect.