Restrictive Uses and Approvals
The tract overall is subject to restrictions against noxious uses and all building improvements
require the seller's review and approval of the building elevation, building materials, and site plan.
In addition, the Wal-Mart outlots have restrictions via the Easements with Covenants and
Restrictions affecting land or "ECR" Agreement with Wal-Mart. Wal-Mart must also approve the
site plan and signage for the outlot developments.
The Wal-Mart and its outlots are marked on both the North Prospect Site Plan and the Stamey Site Plan.
Click here to the restrictions on the Wal-Mart outlots.
Stamey Land Restrictions
Certain covenants ("Covenants") acceptable to Purchaser, in its reasonable discretion, which shall be agreed to by Seller and Purchaser before the end of the Inspection Period, against the Subject Property which prohibit the following uses on the Subject Property:
(i) Tire, battery and automobile accessories stores.
(ii) Automobile or truck facility used for paint shop or garages, whether for body or mechanical repair.
(ii) Storage, use, or disposal, whether temporary or permanent, by Obligor, its agents, representatives, employees, licensees, tenants, subtenants, or business invitees, or by any other person, of Hazardous Substances, except for those used in the ordinary course of business in accordance with applicable laws.
(iv) Automobile or truck washing facility.
(v) Amusement of games rooms or similar establishments, including without limitation the use of pinball machines, electronic games and similar apparatus, except as an ancillary use.
(vi) Funeral home.
(vii) Laundromat.
(viii) Adult bookstores or cinemas or establishments selling, exhibiting or distributing pornographic or obscene materials.
(ix) Establishments for the sale of drug-related paraphernalia which shall mean and include establishments which sell or offer for sale any merchandise which is commonly used or intended for use with or in the consumption of any narcotic, dangerous drug or controlled substance, including, without limitation, any hashish pipe, waterpipe, bong, chillum, pipe screen, rolling papers, rolling devices, coke spoons or roach clips.
(x) Any use which emits an obnoxious odor, excessive noise or sound which can be heard or smelled outside of any building.
(xi) Any operation used primarily as a warehouse and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation.
(xii) Any "second hand" store or "surplus" store (but excluding stores that sell antiques).
(xiii) Any mobile home park, trailer court, labor camp, junkyard or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance).
(xiv) Any dumping, disposing incineration or reduction of garbage (exlusive of of garbage containers or compactors).
(xv) Any fire sale, bankruptcy sale (unless pursuant to court order) or auction house operation.
(xvi) Any flea market.
(xvii) Any billboards including, but not limited to, the permanent framework, structural members, support or support foundation, scaffolding and illumination, facings or panels, and message, which is intended and whose customary use is to mount periodically changing commercial or non-commercial displays and which is made generally available for display to the public on a short-term basis. This subsection does not apply to or limit signage for the businesses to be operated in the Proposed Impovements.
(xviii) Any oil drilling, oil development operation, oil refining, quarrying or mining operations, oil wells, tanks, tunnels, mineral excavations or shafts, derrick or any other structure designed for use in boring for oil, natural gas or any other mineral.
(xiv) Any facility which sells at wholesale or retail any petroleum producing including but not limited to gasoline or diesal fuel.
