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202105789
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Last modified
7/14/2021 3:15:54 PM
Creation date
7/8/2021 3:56:13 PM
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DEEDS
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202105789
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202105789 <br />violate or conflict with any exclusive use or other restriction that encumbers the Owner Property <br />or the Shopping Center at the time of the proposed change in use. <br />(b) Sit -Down Breakfast Restaurant Exclusive. So long as an IHOP Restaurant is open <br />and operating on the Owner Property for business as a sit-down breakfast restaurant, Developer <br />shall not sell or lease any portion of the outlots depicted on Exhibit C attached hereto and <br />incorporated herein by reference to a tenant or buyer whose primary purpose for such property is a <br />sit-down breakfast restaurant. <br />(c) Shared Parking Arrangement. Owner shall have the right on a non-exclusive basis <br />to use up to twenty (20) parking spaces on Developer's Properly within the Shopping Center for <br />the ordinary course of business, short -tern retail use by Owner's customers, guests and invitees. <br />None of such parking spaces shall be used by any employees of Owner or of any business or <br />occupant operating on the Owner Property, and Owner shall take such actions at all times as are <br />reasonably required to ensure that any such employees do not park any vehicles on Developer's <br />Property in connection with their employment or work on the Owner Property. <br />3. CONSTRUCTION BY OWNER. <br />(a) Developer's Design Guidelines. All site work and improvements on the Owner <br />Property, including without limitation, architectural design, height and layout of the building, type <br />and color of building materials, landscaping, site lighting including fixture type, size and color of <br />pole, drainage, photometrics, type and location of trash corral, screening of HVAC equipment, <br />building elevation and signage and relocation of any of the foregoing shall be subject to <br />Developer's review and approval, not to be unreasonably withheld, conditioned or delayed. <br />(b) Plan Approval. Before initial construction of improvements on the Owner <br />Property is commenced, detailed plans and specifications for the construction of such <br />improvements shall he submitted to and approved by Developer as herein required. No <br />construction on the Owner Property shall proceed unless and until written approval of such plans <br />and specifications has been obtained from Developer. Developer's approval shall not be <br />unreasonably withheld, conditioned or delayed. <br />(i) All construction shall he carried out in accordance with the plans and <br />specifications theretofore approved by Developer. <br />(ii) Any exterior change proposed to any initially completed improvements on <br />the Owner Property and any additional improvements proposed to be installed or <br />constructed on the Owner Property after initial construction, are each prohibited unless <br />architectural plans and specifications therefor are first approved in writing by Developer. <br />(iii) Owner, when requesting such approval, shall submit or cause to be <br />submitted to Developer for review and approval or disapproval, two sets of preliminary <br />plans and specifications, prepared by a licensed architect or engineer. The preliminary <br />plans and specifications shall show all work and improvements proposed and shall include <br />the following, as applicable: <br />(1) A site plan, showing building locations, locations of other <br />structures, landscaping locations, signage locations, traffic control signs, <br />ingress/egress locations, parking area design and layout, curb cuts, parking lot <br />lighting and driveway lighting. Such site plan shall show necessary information, <br />3 <br />
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