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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
Inst Number
99106376
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! 1 <br /> � J <br /> \ ♦1 ,t <br /> 99 1063'� s <br /> seating for no more than 35 customers, and no such use to exceed 2,000 square feet of Floor <br /> Area. The total Floor Area of all restaurants, including sandwich, bagel,.yoghurt and similar <br /> shops on Parcel 1 shall not exceed 4,000 square feet of Floor Area. The main customer entry <br /> door of any medical, eye care, chiropractic, dental, professional, or business office (in any case, <br /> "Office Use"), or of any restaurant, on Parcel 1 shall face either Webb Road or the intersection <br /> of 13�h Street and Webb Road. No Office Use on Parcel 1 shall exceed 1,200 square feet of Floor <br /> Area. <br /> (b) No more than two (2) restaurants or Office Uses shall be allowed on <br /> Parcel 3 within 2001inear feet of the Building Area of Parcel 2; and any restaurant or Office Use , <br /> within such 200-foot distance shall be limited to 1,500 square feet of Floor Area. Further, no <br /> restaurant or Office Use anywhere on Parcel3, 4, or 5 shall be allowed to exceed 4,000 square <br /> feet of Floor Area. <br /> (c) The total Floor Area of all restaurants and Office Uses located in Shopping <br /> Center shall not exceed 60,000 square feet. <br /> (d) In the event of a conflict between Owners and/or tenants, as to who holds <br /> prior right to operate a restaurant or Office Use in accordance with this Section 5.3, the party <br /> who first opens for business to the public (or who succeeds as the party-in-interest under an <br /> existing lease under which such a use exists and is in continuous operation) shall be deemed to <br /> have the prior right. <br /> 5.4 Driveup and Drive Through Facilities. No vehicular driveup or drive through <br /> customer service facilities shall be located in the Shopping Center unless the Consenting Owners <br /> have first given their written approval, which shall not be unreasonably withheld, to the location, <br /> parking and drive lanes of such facility. <br /> 5.5 Mall Restrictions. There shall be no open or enclosed malls in the Shopping <br /> Center unless the Consenting Owners have first given their written approval, which shall not be <br /> unreasonably withheld, to the location of the entrance to such mall. <br /> 5.6 Hazardous Materials. No Owner or occupant shall use or permit the use, <br /> handling, generation, storage, release, disposal or transportation of Hazardous Materials on, <br /> about or under its Parcel except in the ordinary course of its business and in compliance with all <br /> Environmental Laws. <br /> 6. CASUALTY AND CONDEMNATION <br /> 6.1 Casualty. If all or any portion of any building in the Shopping Center is <br /> damaged or destroyed by fire or other casualty, the Owner of such building shall promptly <br /> restore or cause to be restored the remaining portion of such building or, in lieu thereof, shall <br /> remove the damaged portion of such building together with all rubble and debris related thereto. <br /> 22 <br />
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