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�0120�624 <br />WHEREAS, the restrietions contained herein are for the benefit of the Pedcor <br />Parcels and will burden the Titan Parcel. <br />NOW THEREFORE, the parties hereby place the following restrictions on the <br />parcel or parcels referred to herein and all future owners of the affected property. The <br />present and future owners of the Pedcor Parcels, along with their respective agents, <br />tenants, licensees, successors and assigns, are referred to herein as the "Pedcor <br />Owners." The present and future owners of the Titan Parcel, along with their <br />respective agents, tenants, licensees, successor and assigns, are referred to herein as <br />the "Titan Owners". <br />1. The Titan Owners shall construct any and all improvements in accordance <br />with the preliminary site plan and elevations ("Plans"), attached hereto as Exhibit A, <br />which have been approved by the Pedcor Owners. If Titan Owners substantially change <br />or modify the Plans and/or intend to construct additional improvements, the Titan <br />Owners shall deliver to the Pedcor Owners the new plans showing all changes and <br />intended improvements. Pedcor Owners shall have 10 days to review and approve <br />such changes to the Plans. If Pedcor Owners disagrees with any part of the Plans, <br />Titan Owners and Pedcor Owners shall exercise their best efforts to come to an <br />agreement. <br />2. Any construction on the Titan Parcel shall be conducted in a manner <br />which will limit, to the maximum extent reasonably practicable, any interFerence with the <br />operation of Riverbend Apartments by the Pedcor Owners. <br />3. Self-contained parking su�cient to comply with applicable rules and <br />regulations of applicable government authorities (without variance) shall be provided by <br />the owner of the Titan Parcel with respect to the Titan Parcel at all times. <br />4. No portion of the Titan Parcel shall be used for a business or use which <br />creates strong, unusual or offensive odors, fumes, dust or vapors; is a public or private <br />nuisance; emits noise or sounds which are objectionable due to intermittence, beat, <br />frequency, shrillness or loudness; or creates unusual fire, explosive or other hazards. <br />5. The Titan Owners shall be responsible for installing on the Titan Parcel a <br />3-foot high berm along the entire adjoining multifamily properly line and planting 3-inch <br />caliber native evergreen pines spaced a twelve-foot intervals on the center of said <br />berms. The 3-inch caliber native evergreen pines shall be warranted for one year. The <br />Titan Owners shall satisfy this requirement when they receive the certificate of <br />occupancy for the first building on the Titan Parcel or when storage of their farm <br />equipment begins on the Titan Parcel, whichever occurs first. <br />6. No portion of the Titan Parcel may be leased, used or occupied as or for a <br />funeral parlor; flea market; farm equipment salvage/junk yard; discotheque; skating rink; <br />the sale or distribution of alcoholic beverages (except as incidental to the business <br />being operated on the Titan Parcel); bar (a bar being defined for purposes herein as an <br />2 <br />