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Last modified
2/16/2024 10:14:38 AM
Creation date
2/16/2024 10:12:47 AM
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Planning Files
Planning Files - Planning File #
1485
Planning Files - Type
Rezoning
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high shall be placed between the Discus Property and aay portion <br />of the building on the Fine Property which is both located closer <br />than 24 feet from such common boundary and located between the <br />lines labeled "Screening Lines" on Exhibit III hereto. Such <br />fence or plantings may be located on the Fine Property within 15 <br />feet of the common boundary between the Fine Property and the <br />Discus Property; provided, however, that in such event Discus <br />shall have the right to reasonably direct the location of such <br />fence or plantings chosen by Fine at the request of Discus for <br />screening. The foregoing provisions of this paragraph 5 shall <br />not be applicable to any signs, lights, parking improvements, <br />landscaping, fencing not exceeding 6 feet in height, or any <br />similar improvements. <br />6. The Fine Property and the Discus Property are hereby <br />each made subject to the restriction that no trash, rubbish or <br />refuse shall be stored thereon except within enclosures which <br />screen such trash, rubbish or refuse from view. Such enclosures <br />shall be either covered or uncovered. <br />7. The Fine Property is hereby made subject to the restric- <br />tion that, for so long as the improvements constructed or to be <br />constructed upon the Discus Property continue to be operated <br />substantially as a "Fuddruckers" restaurant, as the same are <br />presently operated, neither the Fine Property nor any portion <br />thereof shall be used for the operation of a restaurant which <br />both: (i) has a liquor license; and (ii) has a menu which prin- <br />cipally features gourmet hamburgers. As an aid to interpreting <br />-7- <br />
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