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~'.." , . <br />81-°U0249~ <br />ghar~cy; s~GOr vehicle dealership; motor vehicle service sta- f <br />Lion: bank- or Savings and loan facility; finance co~egany;- or for <br />any other retail business- which is in direct competiti_an with any <br />o~~her retail business located on any Other portion of fflode Nine <br />(9) and opened for business-prior to the proposed competitive use <br />of Block Nine (9) unless the operator of the established~ctx:[pet- <br />itive business in Block Nine (4) consents to said use in writing. <br />5. AIG, Znc., covenants and agrees that it will comp=ly <br />with all. of the provisions of the Subdivision Agreements- between <br />Mid-Continent and the City of Grand island which Subdivision <br />Agreements are recorded in the office of the Register of Deeds of <br />BaII County, Nebraska as Document Nos. 76-007173, ?7-001805, and <br />79-001612. <br />6. AZG, Znc., covenants and agrees that it will comply <br />with the DeclaraY_ion of Restrictive Covenants for Block Nine (9) <br />which is recorded as Document No. 77-000046 in the office of the <br />Register of Deeds of Salt County, Nebraska. <br />7. Without limiting the force or effect of any other <br />portion of this Agreement, AZG, Znc., hereby promises, covenants <br />aad agrees as follows: <br />{a) The hard-surfacing material initially <br />installed by AIG, Inc., will be installed at <br />a grade level acceptable to Mid-Continent and <br />will thereafter be maintained at that initial <br />grade levees., <br />{b) AZG, Inc., shall provide and maintain <br />Hat less than five parking spaces for each <br />1,000 square feet o€ building space. <br />{c) AZG, Enc. will establish and maintain a <br />lighting system accordng to the standards <br />contained in the Declaration of Restrictive <br />Covenants and will activate or tight said <br />lighting system dozing ail hours of darkness <br />when amp ether business hereafter located on <br />Block Nine {9) is open to the public. <br />(d) No building shall ever be located an Lot <br />Four {4} r_hat is in excess of ~ feet <br />in overall height. <br />{e} No signs of any kind will be located on <br />Lot Four (4), including on any building in <br />Lot-Four (4) without the prior written con- <br />sent of Mid-Continent. <br />$. As a materia3 part of the consideration for AZG, Inc., <br />agreei~ to locate in the planned shopping area development <br />located in the said Block Nine !9), Continental Gardens Addition, <br />4lid-Continent, its successors and asszgns will not per+eit the <br />estnblist~snt or operation of a Mexican restaurant on or about <br />oily of the property, platted or unplatted, located within said <br />Block Nine {9), Continental Gardens Addition. <br />9. !!Ii.s3-Continent hereby covenants a~ agrees that it-will <br />n#tt construct Heir. otherwise permit the construction of any build- <br />- i~g os ira~ravesfent upset Lot Five {5), Slodc Tone {g}, Corrcirrental <br />Owe lkdditivn, without-the prior written-approval o€ AZG, ins:. <br />Additis>neklly, as ss.~,Ngc as reass~nabiy possible -after the execution <br />of t~tia ~rs+a~rnt, 14f.+c1-Contl.aent agrees to hoed-surface as a <br />parking area- Lhe said Lot-Fins-{5}, 8lodc Nine.{9), Continental <br />s <br />-2- ~_ <br />