200501143 - Laserfiche WebLink

Browse

20Q501143 (b) No Building shall exceed the following height restrictions without the approval of the Approving Parties, which approval may be granted or withheld by the Approving Parties in their sole and absolute discretion: (i) On the Kohl's Tract - 35 feet (ii) On the Developer Tract - 35 feet (iii) On the Outlot Tracts - 25 feet (c) The height of any Building shall be measured perpendicular from the finished floor elevation of the ground level of the Building to the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such Building. Any Party shall have the right to install, maintain, repair, replace and remove Communications Equipment used in connection with the business being conducted by an Occupant on the top of the Building on its Tract which may extend above the height limits established above; provided, however, such Communication Equipment shall be set back from the front of the Building to reduce visibility thereof by customers. As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable. 3.4 Staging Areas. (a) In connection with any construction, reconstruction, repair or maintenance on its Tract, each Party reserves the right to create a temporary staging and /or storage area in the Common Area or in the Building Area on its Tract at such location as will not (i) unreasonably interfere with access between such Tract and the other areas of the Shopping Center, (ii) obstruct the access drives and service drives, if any, which are designated on the SITE PLAN as "Perpetual Access ", or (iii) obstruct any major access drive situated immediately in front of the Building Areas, except to the extent otherwise approved by the Approving Parties. (b) If a business is operating on the Kohl's Tract, then no other Party's staging and /or storage area shall be located within one hundred feet (100') of the Kohl's Tract, unless located within a Building Area or an Outlot Tract, and if a business is operating on the Developer Tract, then no other Party's staging area shall be located within one hundred feet (100') of the Developer Tract, unless located within a Building Area or an Outlot Tract. Notwithstanding the foregoing, Developer may locate a staging area to the rear of the Building Area on the Developer Tract even if such staging area is located within one hundred feet (100') of the Kohl's Tract as long as such staging area does not unreasonably interfere with the use and operation of the Building on the Kohl's Tract. If substantial work is to be performed, the constructing Party shall, at the request of any Approving Party, fence off the staging and /or storage area. (c) Prior to the commencement of any work which requires the establishment of a staging and /or storage area on its Tract, a Party shall give at least fifteen (15) days prior notice to the Approving Parties of the proposed location of such staging and /or storage area. All storage of materials and the parking of construction vehicles, including GALEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 11