201701622 - Laserfiche WebLink

Browse

B -6 201701622 (e) for a restaurant located within the "Prohibited Restaurant Area" as shown on the Lease Plan or within three hundred (300) lineal feet of the customer entrance door of the Demised Premises (provided that: (A) restaurants shall be permitted on Outlot 1, Outlot 2 and Outlot 3 as shown on the Lease Plan; and (B) quick - service restaurants [such as Chipotle, Qdoba, Jimmy John's, Firehouse Subs or Panda Express] not exceeding six thousand (6,000) square feet, in the aggregate, shall be permitted within the "Quick Service Restaurant Area" as shown on the Lease Plan. (Lease, Section 1.4) Competition. Landlord agrees that during the term of this Lease that it has not and will not, nor will any entity under common control with Landlord, enter into any lease(s) or occupancy agreement(s) for premises situated in the Shopping Center (other than the Demised Premises) or any land adjacent to or contiguous (but for roadways or access ways) to the Shopping Center which is owned or otherwise controlled, or hereafter acquired, by Landlord or a parent, subsidiary or affiliate of Landlord or in which any officer, partner, director or owner of Landlord has any interest [including but not limited to Phase II] (collectively, the "Restricted Property ") excluding the Shops at Northwest Crossings located at Highway 281 and State Street, or otherwise transfer or allow a possessory interest in the Restricted Property to a tenant for the sale, rental and/or distribution either singly or in any combination of: (i) health, fitness and/or exercise equipment; (ii) sporting goods and sporting equipment (including, but not limited to, golf equipment and accessories); (iii) hunting, camping and fishing equipment and accessories; and/or (iv) athletic footwear (collectively, the "Protected Items "), provided, however, the foregoing shall not apply to any tenant of the Restricted Property whose lease was executed prior to the Effective Date as shown on Exhibit L -1, their subtenants, successors and assigns (except to the extent that Landlord has the right in any such leases to approve any change in use, in which event this provision shall control). The foregoing restrictions are sometimes hereinafter referred to as the "Precluded Use Activity(ies)". [Lease, Section 1.5(a)] Notwithstanding the foregoing Precluded Use Activity(ies) set forth in Subsection (a) above, any occupant of the Restricted Property may use its premises for the retail sale and/or distribution of sporting goods and/or sporting equipment in the lesser of (i) five percent (5 %) in the aggregate of any such occupant's sales floor area (which shall include an allocable portion of the aisle space adjacent to such sales floor area of such use) or (ii) two thousand (2,000) square feet of such occupant's sales floor area (which shall include an allocable portion of the aisle space adjacent to such sales floor area of such use). Additionally, notwithstanding the foregoing Precluded Use Activity(ies) set forth in Subsection (a) above: (A) one (1) open stock branded or non - branded family shoe store such as Famous Footwear, Payless ShoeSource, DSW or Shoe Stop, shall be permitted on the Restricted Property; and (B) the restrictions set forth in Subsection (a) above shall not apply to any Major Store(s) (as hereinafter defined) that may be part of the Restricted Property. As