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200807155
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Last modified
12/2/2008 10:25:07 AM
Creation date
8/19/2008 7:32:36 AM
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DEEDS
Inst Number
200807155
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<br />200807155 <br /> <br />5. <br />2.2(b): <br /> <br />(vi) Any Parcel affected by the' 25/26 Consolidation must be Self- <br />P~rked following completion of the 25/26 Consolidation. <br /> <br />Addition to Section 2.2(b). The following is hereby added to the end of Section <br /> <br />"Notwithstanding the provisions of this Declaration, the owner of Parcels 25 and <br />26 shall have the right to make such alteratIons, additions or improvements to: (i) the <br />exterior of the building that are required by the owner as part of an overall exterior <br />scheme and appearance required system wide for other Walgreens facilities, without the <br />written approval by Allen, Allen 24 and BNS, provided that the owner obtains the prior <br />written approval from Home Depot, which approval shall not be unreasonably withheld or <br />delayed, and provided further that in the event that Home Depot does not approve or <br />disapprove of any such alteration, addition or improvement within thirty (30) days of <br />receipt of written request for such approval, such alteration, addition or improvement <br />shall be deemed approved by Home Depot; and (ii) the interior of the building, without <br />the written approval by the Consenting Owners." <br /> <br />6. Monument Siqns. Notwithstanding the provisions of Section 4.3(d)(i) and (ii) of <br />the 1999 Declaration, in the event respective Building Areas of Parcels 25 and 26 are <br />consolidated for the construction of one (1) building as shown on the Site Plan attached hereto <br />as Exhibit "A": (i) the height of the monument sign for the Walgreens Parcel shall not exceed <br />twelve (12) feet in height (measured from the ground to the highest point of the sIgn structure) <br />or ten.(10) feet in width, and (Ii) no more than one (1) monument sign may be constructed on <br />Parcels 25 and 26. Notwithstanding anything to the contrary in Section 4.3 of the Declaration, <br />an electronic readerboard monument sign shall be permitted on the Walgreens Parcel provided <br />such monument sign otherwise complies with the provisions of Section 4.3(d) as amended by <br />this Section 6, as reflected on the monument sign elevations approved by the Consenting <br />Owners in Section 11 below. <br /> <br />7. Use Restrictions. Section 5.1 is modified as follows: <br /> <br />(a) The following sentence shall be added to the end of Section 5.1 (a): <br />"Notwithstanding the foregoing, the operation of a full service drug store such as <br />Walgreens, CVS, Rite Aid or other national or regional drug store and the sale of <br />products typically and customarily sold therefrom: (i) shall not be considered a "C-Store" <br />for the purposes of this Section 5.1 (a); or (ii) shall not be prohibited from the retail sale of <br />food (including aisle space and storage) for off premises consumption." <br /> <br />(b) The following sentence shall be added to the end of Section 5.1 (b): <br />"Notwithstanding the foregoing, a retail pharmacy drug store, including, but not limited to, <br />a pharmacy prescription department, including the dispensing of prescription drugs by <br />physiclans, dentists, other health care practitioners or entities such as health <br />maintenance organizations, and other pharmaceutical products shall be specifically <br />permitted on Parcels 25 and 26.". <br /> <br />(c) The following sentence shall be added to the end of Section 5.1 (c): <br />"Notwithstanding the foregoing, the foregoing restrictions shall not be applicable to the <br />operation of a full service drug store such as Walgreens, CVS, Rite Aid or other national <br />or regional drug store." <br /> <br />426076.3 <br /> <br />3 <br />
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