CC PACKET 07221997 - Laserfiche WebLink

Home Browse Search

2927183 attractive condition. Such Owner shall have the option to choose which of the foregoing alternatives to perform,but such Owner shall be obligated to perform one of such alternatives. 7.3 Building nv loogg- The Owners hereby agree that all buildings and other above- grade structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3,Lot 4, Lot 5, Lot 6, and/or the SUPERVALU Tract may be located only within the Building Envelopes designated on Building Envelope Sile Plan 1 attached hereto as Exhibit , (the'Building Site Plan 1')or on Building Envelope Sito Plan 2 attached hereto as EXh141Lt1(the'Building Site Plan 2'). The purpose of having two separate exhibits with two separate descriptions of Building Envelopes is to allow the Owners of each Tract some flexibility in changing the location of buildings and other above-grade structures(exclusive of signs)in the future. Buildings and other above-grade structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3,Lot 4,Lot 5,and Lot 6 shall be deemed properly located within the Building Envelopes if all such buildings and other above-grade structures(exclusive of signs)on all such Tracts at any time fit within the Building Envelopes on either the Building Site Plan 1 or the Building Site Plan 2;only one of such site plans shall be used at any given time to determine if buildings and other above-grade structures(exclusive of signs)on the Developer Tract,Lot 2, Lot 3,Lot 4,Lot 5,and/or Lot 6 are properly located within the Building Envelopes. In addition to the cther restrictions contained in this subsection 7.3, no more than 50%of the area marked on Building Site Plan 2 as Building Envelopes-50%Buildable Area shall contain buildings or other above-grade structures(exclusive of signs)at any given time. Nothing in this subsection shall apply to or restrict buildings or other strictures on the New Market Lot or the Theater Area of the Developer Tract. The Owners acknowledge that the Building Envelopes designated an both Building _ Site Plan 1 and Building Site Plan 2 are subject to the following: (a)the Building _ Envelope shown on Lot 6�s lha same as the location of the building on such tot existing on the Execution Date plus a five-foot perimeter area around such building; (b)the Building Envelope shown on Lot 2 is the same as the location of the existing building on such lot on the Execution Date,plus a rive-foot perimeter area around such building,and plus an area fora canopy to be located to the west of such — existing building in the location shown on Building Site Plan 1 and Building Site Plan 2;(c) the Building Envelope shown on Lot 5 is the same as the location of the _ building on such lot existing on the Execution Date,plus a 5,000 square foot _ expansion area to the west of such building,and plus a five-foot perimeter area around such building and expansion area;and(d)the Building Envelope shown on the SUPERVALU Tract is the same as the proposed location of the supermarket building to be constructed on such Tract,plus an expansion area to the south of such building running to the property line, and plus a rive-foot perimeter area around such building and expansion area(except to the extent such five-foot perimeter area is not located on the SUPERVALU Tract). 7.4 Mall Bui►ding 7.4.1 The Owners acknowledge that,as of the Execution Date,there is a building _ on the Developer Tract(the'Mall Building')which encroaches onto the xe"°`°�cau�s"'rrr'""xso°u''cxnwst�eweiciKOOe Page 17 of 34 I _ • I I I i