HomeMy WebLinkAbout0595 (1) That Kimco hereby grants an easement to Carlton
permitting vehicular and pedestrian traffic to use its property
to pass to the Carlton property, and Carlton hereby grants Kimco
-t _ _ ..a ..a....a-.,. a-,.~FF;.. t.~, „ca
~1rY easetnenL permii~ii~y v~:~~~cu~~~ ~:...u N~..~=-~~---__ - - -
his property to pass to the Kimco property. This easement shall
exist so long as the Kimco property remains as a shopping center.
(2) That Kimco hereby grants an easemerit to Carlton
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to allow storm and surface drainage from his property to pass on
to Kimco's property which is contiguous to the north and west of
hi~ propczt~. Thi~ easement shall run :Jith }h~ ?ar.~.
{3) Kimco agrees that so long as the Carlton property
Continuously
is/used as a restaurant with no interruption thereof foreriy period
of more than one year, Kimco will not sell, rent, occupy, suffer
or permit to be occupied on any portion of its property, a fast-
food restaurant similar to a Burger King or a McDonald operation.
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However, Kimco shall have the right to sell or to rent to any
other type of fast-food restaurant operation. Th is covenent
shall run with the land. ~
I~~ (4) The agreements contained herein shall be binding
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~ upon the heirs, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have set their
hands.at~d seals the dates set out by th eir respective signatures.
~~pc~rat,e Seal) KIMCO FT. PIER E, INC.
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~ ~uC~' . ~CQ res ident
~ A'~'TESZt-~~
" , - ~ - ~ ~ Secretary
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es e: William D. Carlton
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OOOK PACE
RUDiN, BARNETT, MCCLOSKY. SCMUSTER Q SCHMERER. ATTORNEYS AT LAW. ~00 N. E. 26sM AVENUE. FORT, LAUDERDAL~. FLORIDA
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