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201005433
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Last modified
1/11/2011 2:03:39 PM
Creation date
8/3/2010 4:04:12 PM
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DEEDS
Inst Number
201005433
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20.005433 <br />restaurants with alcoholic beverage service now known as Ruby Tuesday's, <br />Applebee's, TGI Friday's, Chili's, Houlihan's, Houston's, McGregor's, O'Charley's, <br />Grady's or Spats; or (xviii) for the operation of a submarine sandwich store or <br />shop of which more than twenty-flue percent (25%) of the grass sales from the <br />store are represented by the sale of submarine sandwiches; or (xix) as a home <br />improvement center, such as Home Depot, Lowe's or Menard's, a hardware store <br />such as Ace Hardware, or other retail store whose principal business is the sale of <br />lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper, <br />carpeting, floor coverings, cabinets, siding, ceiling fans, gardening supplies, <br />nursery products, major appliances, pool supplies, and Christmas trees, or for any <br />outdoor garden center or greenhouse selling live plants, trees, shrubbery or other <br />vegetation; or (xx) for the operation of a restaurant or bar with a sports theme or <br />concept as a "Sports Bar"; a Sports Bar shall mean a restaurant and/or bar which <br />has five (5) or more televisions, or any projection programming or broadcasting; <br />or (xxi) for the operation of a restaurant or bar which serves bone-in or boneless <br />chicken wings as a menu item with two (2) or more types of sauces. <br />As an inducement to and in consideration for Developer's sale of the <br />Property to Owner, Owner agrees that it will construct initially a Freddy's Frozen <br />Custard building with drive-thru capability on the Property in compliance with <br />this Agreement. <br />B. Buildings and Site Improvements. The Property shall be <br />developed under the following standards: <br />(1) The design and construction of any building or any <br />remodeling, reconstruction or permitted expansion thereof shall be <br />of high quality. Any building constructed within the Property shall <br />have a decorative concrete block, stone, brick or E1FS exterior or <br />other similar material reasonably acceptable to Developer. <br />(2) No more than one (1) building shall be constructed <br />on the Property, such building shall not exceed twenty-two feet <br />(22') in height as measured from ground floor elevation; any <br />architectural element may extend above the general roofline by up <br />to five feet (5') with a total aggregate width of such element along <br />any single roofline of no more than twenty percent (20%) of the <br />length of the roofline on any front, side or back elevation. No <br />detached facilities, buildings or structures (except approved <br />signage and an approved dumpster enclosure) of any kind shall be <br />constructed on the Froperty. <br />(3) Any building constructed on the Property shall not <br />exceed Seven Thousand Five Hundred (7,500) square feet in gross <br />building floor area including any drive-thru areas and canopies. <br />3 <br />
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