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PL PACKET 07151997
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PL PACKET 07151997
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Last modified
12/30/2015 5:34:14 PM
Creation date
12/30/2015 5:34:05 PM
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SP Box #
20
SP Folder Name
PL PACKETS 1997
SP Name
PL PACKET 07151997
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2927183 <br /> attractive condition. Such Owner shall have the option to choose which of the <br /> foregoing alternatives to perform,but such Owner shall be obligated to perform one <br /> of such alternatives. <br /> 7.3 Building ny loo a The Owners hereby agree that all buildings and other above- <br /> grade structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3,Lot 4, <br /> Lot 5,Lot 6, and/or the SUPERVALU Tract may be located only within the Building <br /> Envelopes designated on Building Envelope Site Plan 1 attached hereto as Exhibit , <br /> (the'Building Site Plan 1')or on Building Envelope Site Plan 2 attached hereto as <br /> EshihjLtl(the'Building Site Plan 2'). The purpose of having two separate exhibits <br /> with two separate descriptions of Building Envelopes is to allow the Owners of each <br /> Tract some flexibility in changing the location of buildings and other above-grade <br /> structures(exclusive of signs)in the future. Buildings and other above-grade <br /> structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3, Lot 4,Lot 5,and <br /> Lot 6 shall be deemed properly located within the Building Envelopes if all such <br /> buildings and other above-grade structures(exclusive of signs)on all such Tracts at <br /> any time fit within the Building Envelopes on either the Building Site Plan 1 or the <br /> Building Site Plan 2;only one of such site plans shall be used at any given time to <br /> determine if buildings and other above grade structures(exclusive of signs)on the <br /> Developer Tract,Lot 2, Lot 3, Lot 4,Lot 5,and/or Lot 6 are properly located within the <br /> Building Envelopes. In addition to the cther restrictions contained in this <br /> subsection 7.3,no more than 50%of the area marked on Building Site Plan 2 as <br /> Building Envelopes-50%Buildable Area shall contain buildings or other above-grade <br /> structures(exclusive of signs)at any given time. Nothing in this subsection shall <br /> apply to or restrict buildings or other structures on the New Market Lot or the Theater <br /> Area of the Developer Tract. <br /> The Owners acknowledge that the Building Envelopes designated on both Building <br /> Site Plan 1 and Building Site Plan 2 are subject to the following: (a)the Building _ <br /> Envelope shown on Lot 6.'s the same as the location of the building on such lot <br /> existing on the Execution Date plus a five-foot perimeter area around such building; <br /> (b)the Building Envelope shown on Lot 2 is the same as the location of the existing <br /> building on such lot on the Execution Date,plus a five-foot perimeter area around <br /> such building,and plus an area for a canopy to be located to the west of such — <br /> existing building in the location shown on Building Site Plan 1 and Building Site <br /> Plan 2;(c) the Building Envelope shown on Lot 5 is the same as the location of the _ <br /> building on such lot existing on the Execution Date,plus a 5,000 square foot _ <br /> expansion area to the west of such building, and plus a five-foot perimeter area <br /> around such building and expansion area;and(d)the Building Envelope shown on <br /> the SUPERVALU Tract is the same as the proposed location of the supermarket <br /> building to be constructed on such Tract,plus an expansion area to the south of such <br /> building running to the property tine, and plus a five-foot perimeter area around such <br /> building and expansion area(except to the extent such rive-foot perimeter area is not <br /> located on the SUPERVALU Tract). <br /> 7.4 Mall B,ildina <br /> 7.4.1 The Owners acknowledge that,as of the Execution Date,there is a building <br /> on the Developer Tract(the'Mall Building')which encroaches onto the <br /> ¢wvaIXDW Page 17 of 34 / <br /> ssva <br /> j <br /> l <br />
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