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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
Inst Number
202105789
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202105789 <br />including building size, number of parking spaces in relation to building square <br />footage, number of parking spaces required by code and/or any other restrictions <br />applicable to the Owner Property, percent of site covered by buildings, percent of <br />site in green space and setbacks from property lines and adjacent drives and streets. <br />(2) Plans showing the height and layout of all buildings and other <br />improvements, elevations on all sides of each and signage on each side. Such plans <br />also shall specify the type of building materials, rooftop equipment (and screening <br />oldie same), storage areas, dock areas and waste receptacle areas (and screening <br />of the same). <br />(3) Plans showing site grading, drainage and drainage systems, and <br />utility lines (both existing and proposed), connections and loads. <br />(4) Landscape and irrigation system plans. <br />(5) Sign plans and proposed locations for any free-standing signs, if <br />applicable. <br />(6) Plans of all exterior lighting, to include height, type and color of <br />fixtures and poles. <br />(iv) If Developer disapproves any plan submissions by Owner, Developer shall <br />specify the reasons for disapproval, whereupon the Owner shall revise and resubmit such <br />plans for Developer's approval. <br />(v) All construction shall be performed in a diligent, good and workmanlike <br />manner using first-class materials in accordance with (A) all applicable building and <br />zoning laws and all other governmental requirements, (B) the plans and specifications <br />approved by Developer, and (C) the Declaration. <br />(vi) Following the construction of improvements in accordance with the plans <br />and specifications approved by Developer, no exterior changes shall be made without <br />Developer's prior written approval. <br />4. COMMON AREA COSTS CHARGE. Owner shall pay to Developer, at Developer's <br />notice address as provided herein, an annual contribution toward the cost and expenses for the repair, <br />maintenance, restoration and improvement of the roads, detention ponds, and other common area <br />improvements of the Shopping Center not located on the Owner Property (the "Maintenance Charge"). <br />The Maintenance Charge for the first year shall be Seven Thousand Five Hundred and 00/100 Dollars <br />($7,500.00) and shall be payable on the date of this Agreement and thereafter shall be due each year on the <br />anniversary of the first day of the month following the date of this Agreement (unless this Agreement is <br />dated on the first day of a month). The Maintenance Charge shall be increased each year by an amount <br />equal to three percent (3%) of the Maintenance Charge due during the previous year. The Maintenance <br />Charge is in lieu of pro -rata common area maintenance charges typically imposed in first-class shopping <br />centers. <br />5. DEVELOPER'S MAINTENANCE AFFECTING ACCESS AND VISIBILITY. <br />Developer shall use diligent efforts in connection with its maintenance responsibilities for the Shopping <br />Center to ensure that access to and from the Owner Property within the Shopping Center by Owner and its <br />4 <br />
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