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99106376
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Last modified
3/13/2012 6:13:50 PM
Creation date
10/20/2005 11:47:40 PM
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DEEDS
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99106376
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., . <br /> , <br /> � .� .. . <br /> 99 106376 <br /> (e) Car Care Facilities. Any of the following uses, each referred to herein as <br /> a car care facility ("CCF"), shall be allowed on Parce129 as an exception to the Restriction <br /> against an autoinotive maintenance or repair facility set forth in Subsection 5.2(a): <br /> (i) A gas station, which may include a fast food restaurant (subject to <br /> the approval requirements of Sections 2.5 and 5.4); <br /> (ii) A tire or automotive-parts store; or <br /> (iii) A car-repair facility such as Grease Monkey, Jiffy Lube, Oil Can <br /> Henry's, or the like. <br /> Any such CCF use shall be subject to the following restrictions: � <br /> (A) Servicing of, and repair work on, vehicles shall be limited to the <br /> interior of the building utilized for such purpose. The location of service bays shall be <br /> subject to the approval of the Consenting Owners in their sole and absolute discretion; <br /> (B) All vehicles left for repair or waiting to be picked up must be <br /> parked behind the building utilized for the CCF and must be hidden from view of persons <br /> utilizing the parking and other Cornmon Area of Parcels 2 through 5; and must be further <br /> hidden from view of persons approaching the Shopping Center from 13`h Street or <br /> Highway 281; <br /> (C) No vehicles waiting for parts, for service or repair, or to have tires <br /> put on or replaced, and no vehicles waiting to be picked up following service or repair, <br /> shall be left parked in the Shopping Center overnight; <br /> (D) The installation of gas pumps as a part of any CCF operation shall <br /> be subject to the approval of the Consenting Owners in their sole discretion, as shall be <br /> the location and design of such gas pumps (provided that, by reviewing such design, the <br /> Consenting Owners shall not be deemed to undertake responsibility or incur any liability <br /> therefor in any manner, and the Owner of the Parcel on which the gas pumps are located <br /> shall indemnify the other Owners against a11 environmental and other liability relating to <br /> or arising frurn the installation or operation of such gas pumps); <br /> (E) No disabled vehicles may be parked anywhere in the Shopping <br /> Center incidentally to the operation of the CCF; and <br /> (F) There shall be no outdoor displays of tires. Outdoor display of <br /> merchandise for sale shall be limited to sidewalks and shall not be on the parking lot or <br /> other Common Areas. <br /> 5.3 Location Restrictioris. <br /> (a) No part of Parcel 1 shall be used as a restaurant, except as follows: A <br /> sandwich, bagel, or yoghurt shop and/or a carryout pizza operation shall be permitted, each with <br />
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