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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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' v , <br /> � , t . <br /> 99 106376 <br /> business shall be covered by a one inch asphalt dust cap, landscaping, or aesthetically pleasing <br /> native grasses, and sliall be kept weed-free, trimmed, and clean, so that the.y do not constitute a <br /> nuisance or fire hazard, at the Owner's sole expense until such time as buildings are constructed <br /> thereon. <br /> (d) Consolidation of Building Areas on Parcels 14 ThrouEh 18. <br /> Notwithstanding the provision of Section 2.1(a), the Owner(s) of any of Parcels 14 through 18 <br /> may reconfigure the Building Areas on such Owner's Parcel(s), including extending Building <br /> Areas over current 1'arcel lines as between Parcels 14 through 18 (which process is referred to <br /> herein as "Consoliclation"), subject to the following requirements: <br /> , <br /> (i) No more than two (2) such Building Areas, and no more than <br /> two (2) such Parcels, may be affected by the Consolidation; <br /> (ii) The total combined Building Area of the two Parcels, and the total <br /> number of buildings allowed on the Parcels, shall not be increased as a result of the <br /> Consolidatioii; <br /> (iii) All approval reGuirements (including without limitation building <br /> design and Common Area configuration) other than those approvals which would <br /> otherwise apply to Building Area changes shall continue to apply, as shall the height <br /> Restrictions for lhe original Parcels which are subject to the Consolidation; <br /> (iv) The party Consolidating two Parcels or Building Areas shall pay all <br /> expenses associated with changing the Building Areas, and shall also obtain all required <br /> governmental approvals to the Consolidation, at its own expense; <br /> (v) The Owner of the Consolidated Parcels shall provide the <br /> Consenting Owi�ers with a copy of any amendment to the official Site Plan as finally <br /> approved by tlie governing authorities, resulting from the Consolidation; <br /> (vi) If any Consenting Owner requests an amendment to the <br /> Development Agreement, the CAMA, or this Declaration to revise Exhibit "A" hereto or <br /> otherwise reasoi�ably reflect changes made to the Shopping Center as a result of the <br /> Consolidatioii, the party requesting the Consolidation shall pay the cost of preparing such <br /> amendments; and <br /> (vii) Any Parcel affected by the Consolidated must be Self-Parked <br /> following coiiipletion of the Consolidation. <br /> 2.2 Comrnon Area. <br /> (a) Use. The Cornmon Area is hereby reserved for the sole and exclusive use <br /> of all Owners of the Shopping Center, their tenants, subtenants and licensees, and the contractors, <br /> employees, agents, licensees and invitees of such Owners, tenants, subtenants and licensees. The <br /> � <br />
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