INTRODUCTORY FRAMEWORK Purposes and Objectives The property presently owned by the Port of Kennewick was purchased to provide land for light industrial economic development that integrates commercial and industrial uses. These protective covenants will govern the development of the property and are intended to provide a positive incentive for prospective buyers and tenants. These protective covenants support creative, visually appealing site and building design in an inter-related environment that encourages architectural variation in the structures to be built on this property. The Port of Kennewick Commissioners, in establishing these protective covenants, seek to achieve the following purposes and objectives: Provide economic development opportunities. Provide adequate natural light, clean air, and the provision of safety from fire and other dangers. Provide for long-term economic protection and enhancement of the value of land and structures through well-managed development and maintenance practices. Minimize congestion of vehicular and pedestrian circulation. Preserve and enhance aesthetic values. Promote public health, safety, comfort, convenience and general welfare. These protective covenants are intended to compliment and be a supplement to existing municipal ordinances of the City of Richland, Chapter 23, and state and federal laws and regulations. Definitions Site Association Defined, as a group of property owners, which may be established by the Port of Kennewick for the purpose of development and maintenance programs to ensure the standards, are being followed and funded according to an equitable plan. Common Areas Defined as the portions of the total property that are owned by the Port and are dedicated to the use of all property owners and tenants, which may include roadways, walkways, sidewalks, utilities, greenbelts and/or landscaping. Ownership of common areas may be transferred to a Site Association at the sole discretion of the Port. Common Expenses Defined as all costs assessed against the parcel owners and tenants attributable to the common areas including expenses of administration, maintenance, repair or replacement of the common areas and facilities. Hazardous Waste/Substances Defined as dangerous and extremely hazardous waste as described by RCW 70.105.010. Parcel Defined as any subdivided or otherwise approved segregated lot. Pro-rata Share Defined as the percentage or proportionate share of the whole for which an owner is responsible based on the relationship that the land area of that owner's property bears to the total useable land area defined as all land excluding dedicated streets. Sign Defined as any structure, device or contrivance, electric or non-electric, upon which any poster, bill, bulletin, printing, lettering, painting, device or other identification or advertising of any kind is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. Storm Water Facilities Defined as all facilities (above and below ground level) that serve the purpose of collecting, storing, and/or treating water runoff from the land and/or impervious surface of parking lots, roads and/or streets. Temporary Structure Defined as a structure not designed or approved for permanent placement and/or use. Tenant Defined as all persons or legal entities leasing premises within the site from the Port. Owner Defined as all persons or legal entities that hold legal ownership of parcels within the site, which includes the Port and others, who purchase property from the Port. DESIGN STANDARDS Design Review Committee No building shall be erected, placed, or altered on any lot until and application for approval of the construction plans and , specifications , fencing plan shall have been submitted and approved by the Design Review Committee or / Board of Commissioners and/or the Board's duly authorized agents. The Design Review Committee shall consist of the Port of Kennewick three Commissioners and/or duly the Port's agent(s) authorized agents. Applications for approval shall be submitted to said Committee at the following address: Port of Kennewick Spaulding Business Park Design Review Committee 101 Clover Island Drive Kennewick, WA 99336 Or to such other address as may hereafter be given in writing, contract purchasers, or lessees of the property involved. Any action by the Design Review Committee on any application shall be in the nature of an approval, a conditional approval, or a disapproval, which action shall be communicated in writing conveyed by the Design Review Committee and/or its duly authorized agents. The Design Review Committee shall have the authority to waive or vary any of the requirements contained in these protective covenants. In the event the Design Review Committee or its designated representative fails to approve, conditionally approve, or disapprove an complete application within 30 days after submission the relative protective covenants will be deemed to have been complied with. Any structure erected on any parcel shall be completed as to external appearance within 12 months from the date of commencement of construction. No structure erected elsewhere may be moved onto any parcel of this property without prior Design Review Committee approval in writing. Application for review shall include both an architectural scheme, and project specifications, including landscape design, unless otherwise exempted by the Design Review Committee. Submittal Requirements of Architectural Scheme Application for approval of architectural scheme shall contain the following: Site map showing existing topographic features and proposed structures in relation to adjacent and nearby roads and buildings. Site plan showing proposed grading, driveways, pathways, terraces, property lines, setback lines, proposed parking and storage areas, existing and proposed grades and proposed landscaping. Plans and elevations of structures showing major dimensions, cross-sections, and typical wall sections. Landscaping design. Exterior colors and materials of construction. Submittal Requirements of Project Specifications/Site Plan Application for approval of project specifications shall contain the following submissions and information: Outline specifications. Project site plan with dimensions. Submission must include topography showing existing grades and proposed grades (with spot elevations as required to clarify drawings) as well as building corner elevations and floor elevations. Proposed landscaping, including automatic underground irrigation system plan. Retaining walls. Street names. Locations of temporary and permanent fences. Setbacks from building to property lines. Easements and rights-of-way. Driveways, parking areas, traffic circulation patterns; parking lot pathway lighting, existing and proposed. Locations of benches and patios. Exterior storage and screening devices for trash, mechanical equipment and meters. Light poles and transformers. Utility systems. Roof projections and screening treatment. Permanent and temporary sign specifications, location and layout. HVAC unit locations. Building Standards The purpose and intent of this section is to encourage the creative and innovative use of materials and methods of construction, and to prevent indiscriminate and insensitive use of materials and design in any construction undertaken on the property. Building Design Building design shall reflect consideration of site orientation and local conditions including local sunny, arid and often windy climate factors. Multiple-corners are encouraged on all principal structures. A minimum of five (5) corners on a building is required, unless otherwise exempted by the Design Review Committee. Multiple rooflines are encouraged. Attractive entrances, architectural focal points, changing planes, awnings, overhangs, and amenities are encouraged to add interest to plain buildings and scale down large buildings. The front wall plane shall not run in one continuous direction for more than 60 feet without an offset or setback in the building face, unless the building face contains windows, alcoves, canopies, cornices, cupolas or similar architectural features. At least 25% of the wall area fronting on a street should be occupied with windows, alcoves, canopies, cornices, cupolas or similar architectural features. Large buildings should have height variations to give the appearance of distinct elements. Rooftop or outdoor mechanical equipment shall be fully screened from public view in a manner, which is architecturally integrated with the structure. Screening shall be constructed to a finished standard using materials and finishes consistent with the rest of the building. Roof-mounted equipment should be painted a compatible color with the roof screen. Exterior building colors should be subdued. Primary colors or other bright colors should generally be used only as accents to enliven the architecture. Reflective glass is not permitted for glazing. Factory-built and pre-fabricated structures will not be allowed. Exterior Wall Materials Recommended exterior finishes and architectural trims such as: stone, brick, wood trim, paint, concrete, masonry, tile, stucco, pre-finished metals, and glass. The Design Review Committee must if approve other materials used. Finish treatments and materials should must be applied to all sides of a structure that are visible to the general public and occupants of the same and other structures. No concrete block shall be used on the exterior unless approved by the Architectural Review Committee. The effect of a material used on a structure shall be considered in relationship to all other structures in the development and shall be compatible with other structures. Colors All colors shall be harmonious and compatible with colors of other structures in the development and the natural surroundings. Concrete finishes should must be painted. The general overall atmosphere of color must be natural tones. Stained wood, natural stone, brick, dark aluminum finishes, etc. shall be used as background colors. Roof Projections Large items projecting above the roofline such as air conditioning, ventilating, or other mechanical equipment shall be screened or enclosed in such manner as to conceal the item(s) from view. Projections shall be painted to match the roof or structure, or to otherwise visually blend with the related structure. Mechanical Equipment All mechanical equipment, utility meters and storage tanks should must be located in such a manner as to be concealed from the general public. If concealment within the structure is not possible, then screening or landscaping shall conceal such utility elements. Penthouses and mechanical equipment screening shall be of a design and material similar to and compatible with those used in the related structures. Underground utility lines throughout the development are preferred required. Mechanical equipment shall be located in such a manner that does not cause a nuisance or discomfort from noise, fumes, odors, etc. Exterior Fire Stairs All exterior fire stairs must be enclosed. Garbage, Trash Collection, Loading Dock, and Other Service Areas All refuse containment, loading dock, and other service areas shall be located to minimize negative visual impacts , to be inconspicuous and to cause no nuisance to the public, to neighboring properties, or to occupants of the same or adjacent structures. All delivery truck and maintenance vehicle parking areas, truck dock and loading areas, refuse and service areas and outdoor storage areas shall be screened from public view and adjacent properties by means of a fence, landscaping materials, or a combination of landscaping and fencing materials that together create a six (6) foot tall sight-obscuring screening wall of material similar to and compatible with that of the principal structure. Temporary Structures The only temporary structures permitted shall be those present at the construction of a permanent structure and shall be placed at the start of construction and removed at completion of the permanent structure. Such temporary structures shall be placed as inconspicuously as possible and cause no inconvenience to the general public. Walks and Plaza Materials Materials selected for walks and plazas shall be related to the materials of the structures and compatible with walk and path system standards. Surfaces shall contain a non-skid finish. Layout and design shall provide maximum comfort and safety to pedestrians. Patterns for plaza paving must have an obvious relationship to the structures. Utilities All site utilities shall be placed underground. No utilities shall be constructed, placed or maintained on the property unless appropriately contained in conduits or structures. Utilities may include, but are not limited to; sewer, drainage, power, natural gas, telephone lines, television cables, microwave or radio signals, and the like. With approval from the Design Review Committee, support devices, that for practical reason cannot be placed underground or concealed, must be screened from view to the greatest extent possible. Pad mounted equipment shall be appropriately located and screened in a manner consistent with required access and safety requirements. Landscaping, Parking, Storage and Exterior Lighting Standards The requirements for the landscaping, parking areas, storage areas, and exterior lighting of the property are as follows: Landscaped Areas Selection of appropriate landscape material shall conform to the following guidelines: Landscaping must meet the minimum requirements of the City of Richland and the requirements of this section. Wherever trees are required in landscape buffer strips, the following minimum standards shall apply: Evergreen trees shall be a minimum height of five (5) feet at the time of planting. Deciduous trees shall be a minimum height of 10 feet at the time of planting. All landscaped areas shall be served by an underground irrigation system or shall be provided with a readily available water supply with at least one outlet located within 150 feet of all plant material requiring irrigation. The Design Review Committee must approve landscape plans in conjunction with other plan components. Landscaping in all setback areas shall consist of an effective combination of trees, ground cover, and shrubbery. Five (5) shade trees must be provided for every 1,000 square feet of required landscaped area. Sufficient shrubbery, hedges and ground cover must be planted to provide 50% minimum total coverage within three (3) years. All unpaved areas not used for parking and storage shall be landscaped utilizing ground cover and/or shrubbery and tree material. Undeveloped areas proposed for future expansion shall be maintained in a managed condition, not conducive to fire, dust, or safety hazards. The minimum width of any landscaped area is five (5) feet. Landscaping Around Parking Areas Lots with one (1) to five (5) parking spaces require a minimum of 10% of the gross parking area to be landscaped. Lots with five (5) to 50 parking spaces require a minimum of 8% of the gross parking area to be landscaped. Lots with 51 to 99 parking spaces require a minimum of 7% of the gross parking area to be landscaped. Lots with 100 or more parking spaces require a minimum of 6% of the gross parking area to be landscaped. Landscaped areas must be protected from damage by vehicles by use of wheel stops, curbs or other appropriate devices. The maximum vehicle overhang into a landscaped area shall not exceed 12 inches. No parking space shall be located more than 75 feet from the edge of a landscaped area. Parking Areas Adequate off-street parking shall be provided to accommodate all parking needs of the site and eliminate the need for on-street parking. All off street parking areas shall be paved and meet the landscape standards set by the City of Richland. Parking/loading dock areas designed for truck maneuvering, parking and/or loading shall meet the requirements for perimeter landscaping only. No interior landscaping for truck parking/loading areas shall be required. All parking areas, driveways and vehicle maneuvering areas shall be paved to provide dust-free, all weather surfaces. Curbs, walls, decorative fences with effective landscaping, or similar barrier devices shall be located along the perimeter of parking lots, garages, and storage areas, except at entrances and exits indicated on approved parking plans. Such barriers shall be designed and located to prevent parked vehicles from extending beyond the property lines of parking lots and garages or into property areas where parking is prohibited and in order to control drainage from parking lots. Street curbs and drives shall be constructed in accordance with the latest requirements of the City of Richland. Storage Areas All outdoor storage areas shall be visually screened from adjacent properties and public streets by means of landscaping, sight-obscuring fences, or walls of material compatible with that of the related structure. Exterior Lighting The Design Review Committee must approve all exterior lighting systems. Lighting shall be designed to provide safety and security for occupants of the development and supply reasonable illumination for on-site areas such as parking, loading, shipping and pathways. Lighting shall be designed to minimize glare or objectionable effects to motorists and adjacent properties. Site lighting poles shall not exceed 20 feet in height and shall direct the light downward. Lighting sources shall be shielded from adjacent properties. Sign standards The purposes of these sign standards are to: Aid in eliminating excessive and confusing sign displays. Preserve and enhance the appearance of the Spaulding Business Park. Safeguard and enhance property values. Encourage signs that by their good design are integrated with and harmonious to the structures and sites they occupy. These types of signs will be allowed on the property: Entry sign Located strategically near roadway entrances to the Spaulding Business Park. All entry signs will be designed and placed by the Design Review Committee on common areas to identify the industrial business park site and tenants or property owners if appropriate. Identification sign These signs will be designed and placed by the facility owners and must have Design Review Committee approval. Identification signs may be street or wall signs, naming buildings, owners or tenants, bay or suite numbers. Street sign requirements Only one sign per site is allowed. No sign shall exceed the building height. No sign shall carry any type of advertising. Maximum size of 80 square feet total. No sign shall obstruct the driver's view entering or exiting driveways per City of Richland site obstruction standards. Wall sign requirements Sign may be placed directly on building façade. Maximum size of 24 square feet total. No sign face shall be perpendicular to the face of the building. No sign shall be installed on or above canopies, overhangs or roofs. Directional sign Informational and directional signs relating to pedestrian and vehicular flows within the Spaulding Business Park project area shall conform, as nearly as possible, to the international symbols. Signs shall not exceed 10 square feet each. May provide safety measures as well as traffic management information. Signs will be standardized throughout the site and must comply with City of Richland standards. The Design Review Committee must approve all signs before installation. Signs shall be constructed of materials suitable for outdoor use and consistent with material content and architectural style of the building. No flashing, moving, reader-board, or audible signs are permitted. No portable signs are permitted. Wording on signs shall not describe the products sold, prices, or any type of advertising except as part of the occupant's trade name or insignia. Pylon or pole signs will be permitted provided a maximum of only one sign be installed per street frontage on each parcel. No signs shall be installed on or above canopy or building roofs. No exposed conduit, tubing, or raceways will be allowed. No exposed neon lighting shall be used on signs, symbols, or decorative elements. All conductors, transformers, and other equipment must be concealed. Alternative Design In the event that a proposed building and/or site does not meet the literal standards identified in this section, a property owner may apply to the Design Review Committee for a deviation from these site design standards. The Design Review Committee shall consider said deviation and may approve any deviation based on its review and a determination the application meets the following findings: The proposal would result in a development that offers equivalent or superior site design than conformance with the literal standards contained in this section; and The proposal addresses all applicable design standards of this section in a manner, which fulfills their basic purpose and intent. The proposal is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity. GENERAL PROVISIONS Maintenance The following standards are intended as general guidelines to encourage maintenance practices that will contribute to a site, which is attractive to the community, owners and tenants of other properties on the site. These standards are supplemental to any maintenance standards contained in the City of Richland zoning ordinance or other local, state or federal laws and regulations. Generally the maintenance standards listed below are common management practices. Property Each owner or tenant shall be responsible for the maintenance of their grounds including driveways, walkways, parking areas, storm water facilities, fences and other components within the property boundaries. Repairs and rehabilitation will be done with the type of material originally installed thereon or such substitute as shall, in all respects, be equal in quality, appearance and durability. Snow and ice removal, the removal of debris and waste material and the washing and sweeping of paved areas is required when needed. All property, grounds and improvements shall be maintained to be clean and safe and function as originally designed. Buildings Each structure erected at the site shall be maintained in a neat and clean condition in reference to exterior appearance. Owners or tenants shall keep the buildings, improvements and appurtenances thereon in a neat, clean and safe condition compatible with an urban light industrial park, and comply at their own expense in all respects with applicable local, state and federal governmental ordinances, laws, regulations, requirements or directives. Buildings, structures and appurtenances shall be painted or refinished when appearance dictates. Utilities External utility lines for electrical, telephone or telecommunications services shall be properly maintained such that wiring is not exposed to introduce safety hazards or to threaten service interruptions due to shorting, grounding or other causes due to negligent maintenance. Other utility infrastructure systems shall be maintained in such a manner as to not create property damage or health hazards to occupants or neighboring owners or tenants. Parking Lots Parking lots, including the landscaping within the general area, shall be maintained on a regular basis so as to provide safe and efficient vehicle and pedestrian usage and to ensure a satisfactory visual appearance. Activities shall include periodic sweeping or washing of the surface; refuse removal, and painting of parking stall markers. Signs or pavement markings shall also be kept clean and in good repair. Snow and ice removal will also be required as necessary. Exterior Lighting All external lighting systems on buildings or structures or on lighting poles will be kept clean and relamped to promote efficiency of systems and safety. This includes lighted signs. Landscaping All landscaped areas shall be routinely maintained including the trimming, watering and fertilization of all grass, groundcover, shrubs or trees, removal of dead or waste materials and rapid replacement of any dead or diseased grass, groundcover, shrubs or trees. Trash will be collected and removed as necessary to provide a visually acceptable view. All landscaped areas and plants required by these standards must be permanently maintained in a healthy growing condition. Dead or diseased plants must be replaced within 30 days of notification or as soon as practical in freezing weather or complex situations involving removal/replacement of large trees. All plantings must be fertilized, irrigated and pruned at such intervals necessary to promote optimum growth. All landscaped areas must be kept free of debris and weeds. Plant material must not interfere with public utilities, restrict pedestrian or vehicular access or constitute a traffic hazard. Signs All signs shall be maintained so as to be visually pleasing and readable. Maintenance activities will include washing, painting, repairing the surface of mechanical or electrical components of the sign and any other activity required to return the sign to its original visual and functional condition. Signs, poles, wiring, conduits and other related support features would also be maintained. Allowed Uses Allowed land uses are listed in Section 23 of the City of Richland Municipal Code. These uses are permitted unless otherwise restricted in this document. Allowed uses shall be conducted entirely within enclosed buildings. Allowed uses shall not inflict upon the surrounding properties smoke, dirt, glares, vibrations, or noise beyond the maximum permissible levels. Restrictions Uses that would violate federal, state or local laws or codes, or would likely constitute a nuisance are prohibited. In addition, the following operations and uses are prohibited: Trailer courts or recreational vehicle campground. Junkyards, body or fender shops, wrecking yards including battery and commercial solvent recycling or reclamation facilities. New or used vehicle sales lots and display when not a part of a manufacturing operation. Oil drilling, oil development operations, petroleum refining or its products, drilling for gas or other hydrocarbon substances. Commercial gravel pit excavation, rock quarry or mining operations. Storage, treatment or disposal facility for hazardous substances. Dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, hazardous substances or refuse. Fat rendering, stockyard or slaughter of animals. Cemeteries, mortuaries, or crematoria. Jails, prisons, honor farms, work-release facilities or labor camps. Automobile, go-cart, motorcycle or other racetracks. Wood treating facilities or asphalt production. Milling and concrete mixing. Bars, taverns, pool halls, billiard rooms, game parlors, video arcades, massage parlors, dance halls, adult book stores, nude or partially nude entertainment establishments or any other adult entertainment establishments. Yards for storing equipment and materials. Automobile repair shops. Residential dwellings. Nuisances No noxious or offensive activity shall be conducted upon the property. Allowed uses shall not cause or produce a nuisance to surrounding property. They shall not produce excessive vibration, sound, electromechanical disturbances, electromagnetic disturbances, radiation, air or water pollution, fumes, gases, vapors, acids, dust or the emission of odorous or toxic matter as defined by law or regulation. Nuisance shall include, but not be limited to any of the following conditions: Any activity or occurrence that is not in strict compliance with applicable federal, state or local law, regulation or ordinance. The discharge of illegal contaminated water, oil, grease, detergents or other improper liquids, solid waste, or other harmful matter into the ground or the storm water system. Temporary Structures No structure of a temporary character, trailer, tent, basement, shack, garage, barn or other outbuilding shall be used on any property at any time, either temporarily or permanently, without the permission of the Site Association/Design Review Committee. Garbage and Refuse Disposal No property shall be used or maintained as dumping ground for rubbish, trash, garbage or other waste. Trash, garbage or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and concealed from public view. Water and Sewer No individual water or sewer system shall be permitted on any property. Common Areas Designation, design and development of common areas will be at the discretion of the Design Review Committee. Entrance areas to the property may be designated common areas. Entrance areas will be landscaped by the Site Association, and contain entrance signs. Each separate common area will be developed in conjunction with the development of parcels adjacent to the common areas. Maintenance of the common areas will be the responsibility of the Site Association. The most common features will include landscaping, lighting, and signs. Costs for common area maintenance will be through pro-rata cost sharing. These costs will be calculated and billed separately as an assessment to each owner of site parcels. Site Association Consideration of forming a Site Association may occur only after the Port has sold at least 80% of the site real estate. The Site Association shall have all powers and authority including but not limited to: Levy, collect, and enforce the collection of assessments to defray expenses attributable to carrying out the duties and functions of the Site Association hereunder. Pay for the costs of maintaining and landscaping rights-of-way, planter islands, or other similar areas which are within or adjacent to the property boundaries. May enter into agreements with one or more qualified persons to provide for the maintenance and repair of Common Areas, collection of assessments and sending of all required notices to owners. Contract and pay for any materials, supplies, labor or services which are necessary or proper for carrying out its powers and duties including: legal, accounting, management or other services provided that if for any reason any materials, supplies, labor or services are provided for particular lots or their owners, the cost thereof shall be specially charged to the owner of such lots. Suspending the rights of an owner to use the Common Areas for: any period during which any assessment against their property remains unpaid, or any violation of these protective covenants for which they are responsible remains unabated. Reserve the right to dedicate or transfer all or any portion of the Common Area including easements to any utility in accordance with the provisions of these protective covenants. Maintenance, repair and improvement of the Common Area. Maintaining, within the landscape/project entry sign tracts and/or easements, project entry and identification signs and related landscaping, fencing, and improvements as deemed necessary. The owners shall have no right to use these tracts and/or easement areas except to maintain, repair, or improve the entry sign and landscaping. The owners subject to these easements may not do anything in the easement areas that are inconsistent with, or detrimental to, the intended purpose. The Site Association shall have the power to do all other things, which may be deemed reasonably necessary to carry out its duties. LEGAL PROVISIONS Conveyances and Leases Subordinated All conveyances and leases of any portion of the property shall be subject to and subordinate to the terms and provisions of these protective covenants. Breach In the event of any violation, attempted violation or breach of these protective covenants, notice shall be forwarded in writing from the Site Association. Notice shall specify the deficiency, omission or violation and set forth the corrective action, if any, which must be taken, and the time limit for such action to be completed. Any failure on the part of the owner/tenant to submit all required architectural plans and specifications per this document shall constitute default on the part of the owner/tenant. The Design Review Committee shall have within its power the authority and obligation to provide notice of violation to the owner/tenant to cease all construction activity, and take appropriate actions to compel the owner/tenant to comply with said notice. It shall be the lawful right of the Site Association to prosecute any proceedings at law or in equity against the party or parties violating any such protective covenant, to either prevent such party or parties from perpetrating the violation or recover damages in compensation for such violation or seek any other remedies provided by law. Such monies so paid for corrective action together with interest thereon at the rate of 12% per annum shall be deemed payable. In any such dispute, the prevailing party shall be entitled to receive reasonable attorney's fees as set by the court. These protective covenants may be amended as deemed appropriate by the Site Association. The venue of any proceedings shall be in Benton County, Washington. Appeal Any aggrieved person may appeal a notice of deficiency, omission or violation. The party shall have 30 days from the date written notice is received to file a written appeal with the Site Association. Said appeal shall specifically set forth the reason(s) the party is of the belief there is no violation of these standards. The Site Association shall review the appeal and make a decision within 30 days of receipt of the appeal. An aggrieved party may request a hearing before the Site Association, provided the request is in writing and accompanies the notice of appeal. A decision from the Site Association is final. Declaration Nothing contained herein shall be deemed a gift or dedication of any portion of the property to or for the general public, nor for any public purpose whatsoever. It is the intention that this declaration shall be strictly limited to and for the purposes herein expressed. Severance Invalidation of any provision of these protective covenants shall in no way affect any of the other provisions, which shall remain in full force and effect.