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Home My WebLink About2419 ~ ! ~ ~ . # ~ n~~wal 3. 'C~•ncin~ is f;r~ntc~d th~• apt I~~n to r~n~•w ll~Is la.zs~r f~~r tour (4) , ailditi~~ital tcnu~. ~C Livc~ (5) yi~r~rti ~•ach on Che t~•rms anQ conditions set forth I in this M~~moran~~un oi L.•asc and in thc Actual L~•asc, by };iviny; wrlttcn rc};- ist~•rcJ or certifi~d mail naticc of its intcntion ta Jo so ~u thc Landlord 90 ~ dnys bc•forc thc end of tl~c tcrm of this lcasc, or ~)U days bcforc thc end of thc ~ next prior renewal pcrial (if it has been exerciscd). Said re~newals shall be upon all the terms and provisions of the Actual Lease, except tEiat no further renewal or option (oti~er than mentioned ubave) shall be inclucled. t'~e of 4. . Tenant may use and occupy the premises as a drug store or patent F'c-emLses medicine store and may sell therein any or all items and articles and services ~ sold in any standard drug store or patent medicine store; Tenant agrees that ~ it will not use the premises for any other purposes, except as foresaid. It ' is further agreed that Tenant may occupy the premises for any purposes which will not violate an exclusive right granted by Landlord to any other lessee of the Shopping Center. Tenant may also sell malt, vinous and spirituous liquors in accordance with aIl applicable laws. ~ Tenant, its permitted assignees or sublessees will not use the premises for a food supermarket but this shall not preclude Tenant fram incidentally selling those items usually sold by a food supermarket store excep that not more than 1,000 square feet of sales area shall be used for the sale for off-premises consumption of any staple or fancy groceries, meats; fish, vegetables, fruits, bakery goods or froze.n foods. Notwithstanding the fore- going, it is agreed that the aforesaid restrictions shall not apply to items generally sold in drug stores, fncluding, but not limited to, vitauiit~s, candy, nuts, confections, beverages (whether carbonated or alcoholic), ice cream, diabetic and dietetic foods. ~::clusive 5. As an inducement to Tenant to enter into this lease, Landlord ~~lause ( covenants and agrees that it will not lease or permit the use of any other space or storeroom for any of the following: (a) for a drug store, (b) for a patent medicine store, (c) for a drug department in which a registered phaxma- cist is in attendance or required by law to be in attendance at any time,(d)for any store primarily engaged in the sale of health and/or besuty aids, (e) for any store engaged in the sale af health foods and/or vitamins (all of the fore- going uses are t?ereinafter referred to as "prohibited uses"), in any part of the Shopping Center or in any other property situated within a radius of one mile from any point on the outer perimeter of the Shopping Center, which other property is now or hereafter owned, leased or controlled in whole or in part ~ by Landlord, directly or indirectly, or by any of I,andlord's.officers, director , ~ stockholders, partners or employees, or by any combination of the foregoing. For purposes of applying the foregoing provisions of-this Section, and without limitation, it is understood that if individuals and corporations to wham the foregoing provisions apply should own in the aggregate SO% or more of the votin i ( stock of another corporation, they control such corporation. Landlord covenant j and agrees that any property referred to in this Section will not be conveyed ~ by it without imposing on said property restrictions to comply with the tem?s o ; this lease. i - ~ r Notwithstanding the foregoing, it is agreed that Winn-Dixie super- ; market may sell health foods and/or vitamins as an incidental part of its ; business. ~ The foregoing covenants shaZZ be deemed to be covenants running with ~ I the land affecting the entire Shopping Center and shall be enforceable by the " I Tenant, its successors and assigns, against the Landlord, its successors and assigns, or any lessee of any part of the Shopping Center or within said one ~ mile radius. Landlord contemplates giving a mortgage on the Shopping Center to an ~ institutional lender (such as an insurance company) which is neither a corpor- ' ation contralled directly or indirectly by Landlord, nor a partnership, joint : ~ - 2 - ~ . ~ ; BooK 2i9 PA~ ~418 ~It ~