201302679 - Laserfiche WebLink

Browse

201302679 as Instrument No. 200207725. The 1999 Declaration, First Amendment and Second Amendment were further amended by a Third Amendment to Declaration of Restrictions and Grant of Easements dated August 15, 2008 (the "Third Amendment"). The Third Amendment was recorded August 18, 2008 as Instrument No. 200807155. The 1999 Declaration, the First Amendment, the Second Amendment and Third Amendment were further amended by a Fourth Amendment to Declaration of Restrictions and Grant of Easements dated August 29, 2011 (the "Fourth Amendment"). The Fourth Amendment was recorded August 30, 2011 as Instrument No. 201106471. The 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment are hereinafter collectively referred to as the "Declaration". From and after the date of Owner's acquisition of the Property, Owner and its successors and assigns agree to assume and perform all of the obligations under the Declaration, if any, imposed on the owner of the Property or which are applicable to the Property. Developer shall be responsible to perform all of the obligations under the Declaration arising or accruing prior to the acquisition of the Property by the Owner, if any, imposed on the owner of the Property or which are applicable to the Property. 2. Plans. Prior to the commencement of any building or any other improvements on the Property, Owner shall deliver to Developer or its designee (a) a Site Plan and grading plan of the Property depicting (i) any building and all other improvements to be constructed on the Property, and (ii) the grading activities to be conducted on the Property (such grading plan, building and other improvements are referred to collectively as the "Project"); and (b) architecturally certified Plans and Specifications of the Project, including elevations of the building, landscaping plans, and exterior signage drawings. Notwithstanding the foregoing Section 2(b), provided that Owner constructs its standard prototype as shown on the Plans and Specifications set forth on Exhibit A attached hereto and incorporated herein by this reference, Developer does hereby approve such Plans and Specifications except for the grading, landscape and signage plans which still require the Developer's approval. Developer shall have a period of fifteen (15) business days after receipt within which to review and either (x) approve, (y) partially approve and suggest revisions with respect to the balance, or (z) reject such Plans, which approval by the Developer will not be unreasonably withheld provided such Plans are consistent with the terms of and reflective of the other provisions of this Agreement. 3. Restrictions. The Property shall be subject to the following restrictions which may be deleted or modified only with the prior consent of Developer which may be withheld in its sole discretion: A. Use of Property. The building constructed within the Property shall be used and operated initially as a Panda Express restaurant with drive-thru capability not to exceed a gross floor area of three thousand (3,000) square feet of gross building floor area. The Property shall not be subsequently occupied or used for any purpose or use which violates the provisions of the Declaration referred to in Section 1 of this Agreement, or for any of the following uses or purposes: (i) as a discount department store or other discount store; or (ii) as a supermarket or grocery store; or (iii) as a drug store; or (iv) as a pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified 2