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200907770
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Last modified
9/25/2009 4:13:27 PM
Creation date
9/25/2009 4:08:03 PM
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DEEDS
Inst Number
200907770
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zoo9o~~~0 <br />2. Plans. Prior to the commencement of any building or any other improvements on. <br />any portion of 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 Pro ert The building constructed within the Property <br />shall be used and operated initially for ten (10) consecutive years as a Marriott <br />Fairfield Inn hotel, not exceeding four (4) stories and one hundred forty (140) <br />guest rooms (the "Hotel"). The Property shall not be occupied or used (i) for any <br />purpose or use which violates the provisions of the Declaration referred to in <br />Paragraph 1 of this Agreement; or (ii) as a discount department store or other <br />discount store; ar (iii) as a supermarket or grocery store; or (iv) as a drug store; or <br />(v) as a pharmacy; or (vi) as a facility dispensing gasoline or petroleum products <br />ar as a convenience food mart, or combination of both; or (vii) as an <br />establishment dispensing prescription drugs; or (viii) as a department store; or (ix) <br />for the retail sale of pets (including but not limited to fish, birds, reptiles, dogs, <br />cats and other small mammals), pet grooming, veterinary and other pet services, <br />pet food, pet accessories and other pet products; or (x) as an automobile or truck <br />repair facility; or (xi) as a thrift store or liquidation outlet; ar (xii) as a coin <br />operated laundry; or (xiii) for the sale of electronic equipment and components; or <br />(xiv) for the retail sale of health foods, vitamins ar mineral supplements; or (xv) <br />for the operation of an open-stock branded footwear store such as Shoe Carnival <br />or Famous Footwear; an open-stock branded footwear store shall mean a stare of <br />which twenty percent (20%) of its sales area is devoted to the display and sale of <br />open-stock branded footwear; or (xvi) for the furnishing of wireless and/or <br />wireline communications services (including, the sale and servicing of wireless <br />and/or wireline communications equipment and related accessories, or any <br />services and items which are a technological evolution of any of the foregoing <br />services, equipment and/ar accessories; or (xvii) for the operation of a submarine <br />sandwich store or shop of which more than twenty-five percent (25%) of the gross <br />sales from the store are represented by the sale of submarine sandwiches; or <br />(xviii) as a home improvement center, such as Home Depot, Lowe's or Menard's, <br />a hardware store such as Ace Hardware, or other retail store whose principal <br />business is the sale of lumber, hardware items, plumbing supplies, electrical <br />supplies, paint, wallpaper, carpeting, floor coverings, cabinets, siding, ceiling <br />fans, gardening supplies, nursery products, major appliances, pool supplies, and <br />2 <br />
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