|
<br />2006082~'
<br />
<br />(c) No more than two (2) one-story buildings may be erected on said Property, which buildings, so
<br />long as the applicable parking ratio required herein is met, shall not exceed eighteen thousand
<br />(18,000) square feet in floor size in the aggregate or twenty-three (23) feet in height, including
<br />all towers, parapets, and architectural features. Grantee agrees to install landscaping and/or
<br />screening at the back of the buildings to obstruct loading/service and trash containment areas;
<br />
<br />(d) In the event the Property is used for a building with multiple tenants, there shall be not less than
<br />five (5) parking spaces for every one thousand (1,000) square feet of floor building area thereon,
<br />and thirteen (13) parking spaces for every one thousand (1,000) square feet of floor building area
<br />used for restaurants exceeding two thousand (2,000) square feet; in the event the Property is used
<br />for a free-standing restaurant, there shall be not less than fifteen (15) parking spaces on the
<br />Property for every one thousand (1,000) square feet of floor building area thereon; for all other
<br />uses permitted hereunder there shall be not less than five (5) parking spaces per one thousand
<br />(1,000) square feet of floor building area on the Property;
<br />
<br />(e) (i) only signs advertising business located on the Property may be erected thereon; (ii) signs
<br />located on the Property shall not contain images or words that are offensive to the ordinary
<br />reasonable person (whether cloaked in images, words, or phrases carrying double meanings); (iii)
<br />the Property and all improvements erected or constructed thereon shall be maintained in good
<br />condition and repair; and (iv) the exterior of any building constructed on the Property shall not
<br />be constructed of metal;
<br />
<br />(t) Grantor reserves the right to approve, prior to commencement of any construction by Grantee of
<br />any buildings or improvements on the Property, Grantee's: (i) site plans including setbacks from
<br />lot lines, location and dimensions of parking areas and spaces, driveways and service areas,
<br />placement of building(s) and other improvements including square footage of building(s),
<br />location of trash collection, stop signs and bars at all curb cuts, and the location of existing
<br />Grantor signage (if any) on the Property; (ii) utility plans including all utility connections
<br />(including electric and telephone); (iii) grading plans including stormwater management and
<br />detailed elevations; (iv) erosion and sediment control plans including rock construction entrances
<br />(to be in place prior to any construction), silt fence (to be in place prior to any construction) and
<br />other erosion controls required on the Property; (v) exterior elevations of the front, back, and
<br />both sides of the building(s), including height; (vi) exterior signage plans indicating the
<br />dimensions of exterior pylon or monument signage and the design of the sign panel(s) to be
<br />placed onto the sign structure (collectively the "Development Plan"). Said Development Plan is
<br />to be prepared by certifiedllicensed architects and/or engineers and shall conform to the
<br />restrictions set forth above. Grantee shall deliver full-sized plans of the said Development Plan
<br />to Grantor for its approval. Grantor shall have thirty (30) days after receipt of the Development
<br />Plan from Grantee to approve or disapprove the Development Plan in writing. If the
<br />Development Plan is disapproved, Grantor shall give the reasons for such disapproval, and
<br />Grantee shall resubmit to Grantor a revised Development Plan incorporating Grantor's suggested
<br />revisions within thirty (30) days from the date of Grantee's receipt of Grantor's disapproval, and
<br />the same time schedule as mentioned above shall be repeated until the Development Plan is
<br />approved;
<br />
<br />(g) Grantor reserves unto itself, its successors and assigns, a perpetual easement over, under, and on
<br />the Property for the installation, maintenance, repair and placement of any existing access areas,
<br />utilities or stormwater drainage, if and only if such access areas or utilities serve adjacent
<br />property at the time this deed is executed and delivered to Grantee, together with a non-exclusive
<br />right of ingress and egress for activities associated with Grantor's use of said easement area; and
<br />
<br />(h) All such covenants, conditions, restrictions and approval rights shall remain in effect for a period
<br />of fifty (50) years from the recording of this Deed. The aforesaid covenants, conditions,
<br />restrictions and approval rights shall run with and bind the Property, and shall bind Grantee or an
<br />affiliated entity, or its successors or assigns, and shall inure to the benefit of and be enforceable
<br />by Grantor, or an affiliated entity, or its successors and assigns, by any appropriate proceedings
<br />at law or in equity to prevent violations of such covenants, conditions, restrictions and approval
<br />rights and/or to recover damages for such violations, including without limitation damages
<br />incurred by Grantor, or an affiliated entity, concerning the business conducted on the land
<br />adjacent to the Property.
<br />
<br />No representations or warranties of any kind have been made by Grantor or anyone on its behalf to the
<br />Grantee as to the condition of the Property described herein or any improvements thereon erected, if any, and it
<br />is understood and agreed by the parties that the Property is sold "AS IS, WHERE IS - WITH ALL FAULTS
<br />
<br />2
<br />
|