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200502516
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Last modified
10/17/2011 3:36:14 AM
Creation date
10/28/2005 10:16:02 AM
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DEEDS
Inst Number
200502516
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200502516 <br />I Plans. Prior to the commencement of any building or any other improvements <br />on the Property, Owner shall deliver to Developer or its designee (i) a Site Plan of the <br />Property depicting any building and all other improvements to be constructed on the Property <br />(such building and other improvements are referred to collectively as the "Project "); and (ii) <br />architecturally certified Plans and Specifications of the Project, including elevations of the <br />building, landscaping plans, and exterior signage drawings. Developer shall have a period of <br />fifteen (15) business days after receipt within which to review and either (a) approve, (b) <br />partially approve and suggest revisions with respect to the balance, or (c) reject such Plans, <br />which approval by the Developer will not be unreasonably withheld provided such Plans are <br />consistent with and reflective of the other provisions of this Agreement. <br />3. Restrictions. The Property shall be subject to the following restrictions which <br />may be deleted or modified only with the prior consent of Developer which may be withheld in <br />its sole discretion: <br />A. Use of Property_. The building constructed within the Property <br />shall be used as a single story retail building not to exceed a gross floor area of <br />sixteen thousand (16,000) square feet of gross floor area. The Property shall <br />not be occupied or used (i) for any purpose or use which violates the provisions <br />of Article 2.10 and Article 3 of the Declaration; or (ii) as a discount department <br />store or other discount store; or (iii) as a supermarket or grocery store; or (iv) <br />as a drug store; or (v) as a pharmacy; or (vi) as a facility dispensing gasoline or <br />petroleum products or as a convenience food mart, or combination of both; or <br />(vii) as an establishment dispensing prescription drugs; or (viii) as a department <br />store; or (ix) for the retail sale of pets (including but not limited to fish, birds, <br />reptiles, dogs, cats and other small mammals), pet grooming, veterinary and <br />other pet services, pet food, pet accessories and other pet products; or (x) <br />automobile or truck repair facility; or (xi) as a thrift store or liquidation outlet; <br />or (xii) as a coin operated laundry; or (xiii) sale of electronic equipment and <br />components; or (xiv) retail sale of health foods, vitamins or mineral <br />supplements; or (xv) sale, rental and /or distribution of prerecorded <br />videocassettes, video games (including without limitation CD -I), video tapes, <br />video discs or video software and /or any substitutes for or items which are a <br />technological evolution of the foregoing items; or (xvi) the operation of an <br />open -stock branded footwear store such as Shoe Carnival or Famous Footwear; <br />an open -stock branded footwear store shall mean a store of which twenty <br />percent (20 %) of its sales area is devoted to the display and sale of open -stock <br />branded footwear; or (xvii) the operation of those casual dining restaurants with <br />alcoholic beverage service now known as Ruby Tuesday's, Applebee's, TGI <br />Friday's, Chili's, Houlihan's, Houston's, McGregor's, O'Charley's, Grady's or <br />Spats; or (xviii) the operation of a submarine sandwich store or shop of which <br />more than twenty -five percent (25 %) of the gross sales from the store are <br />represented by the sale of submarine sandwiches. <br />PA <br />
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