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4 ' • EVANS SUBDIVISION Declaration of Development Standards and Protective Covenants THIS DECLARATION made as of the day of 1991, by Gene C. Evans and Karen A. Evans (the "Declarants") , and joined in by the Town of Vienna, a Wisconsin municipality, to evidence Vienna ' s assent to have its Plan Commission serve in the capacity of the Subdivision Board as described in Section 4 . 1 below. RECITALS : WHEREAS the Declarants are the owners of the real property located in the Town of Vienna, County of Dane, State of Wisconsin described on the attached Exhibit A (the "Premises") ; and WHEREAS it is the Declarants ' intent to develop the Premises into a commercial and light industrial park to be known as EVANS SUBDIVISION (the "Subdivision") ; and WHEREAS the Declarants desire that development of the Subdivision accomplish the following purposes: (a) To provide for development and use of the Subdivision which is structurally, architecturally and aesthetically acceptable to the Declarants and the Town; (b) To ensure that any Buildings or Structures within the Subdivision are constructed of materials acceptable to the Declarants and the Town in energy efficiency, appearance, quality and design; (c) To provide for adequate off-street parking and loading facilities, sign controls, landscaping, surface drainage, and property maintenance on individual Building Sites ; and (d) To provide for development and maintenance that will preserve and enhance the value of the Premises, and generally benefit the Declarants, Owners, and the Town; and WHEREAS to accomplish these purposes, it is the Declarants ' further intent to impose certain covenants, conditions and restrictions upon the Premises (the "Covenants" ) , and to retain the right (but not the obligation) to enforce the Covenants with respect to any existing or future use of the Premises or any part thereof by Owners their heirs, assigns, lessees, licensees, invitees, successors in interest and personal representatives ; NOW, THEREFORE, the Declarants hereby declare that, except as provided in Section 1. 10 (b) , the Premises shall be held, sold, conveyed, occupied, developed and maintained in accordance with the Covenants set forth herein, and these Covenants shall run with the land and shall be binding upon any party having any right, title or interest in or to any part or parcel of the Premises, their heirs, assigns, lessees, licensees, invitees, successors in interest, and personal representatives until these Covenants are terminated in accordance with the provisions here- of. ARTICLE I Definitions Unless the context otherwise requires, the terms used herein have the tollowing meanings: 1. 1 Affiliate. The term "Affiliate" means a parent, sister or subsidiary corporation, joint venturer, or general partner of an Owner or a person who owns more than fifty percent (50%) of