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HomeMy WebLinkAbout0162and by rsasonablo supporting~evi~ence of the exNens~s incurred by the owner of Parcel 4. (g) No party hereto shall at any time pri~r to the termination of the easements herein grante~, erect or r_onstruct, or cause to be erectA~ or constructe:i, any fence, wall, curb or other barrier alon~ the Y~oun~ary between any of the Parcels, except for walls of Uuil3ings and other barriers shown on the Site Plan, or in any man-ier interfere with or restrict the full and complete use and enjoyment by any party the ~ase*~Pnts herein granted. (h) In the event that any of the buil•3ings now or `~er~after const~ucted on any of the Parcels are 3am3ged or destroye~, the owner of the parcel upon which sai:i buil3ing was located shall replsce said buil~iing with a buil3ing of similar quality or, alternatively, the owner of said parcel shall leval, gra3e and lan:iscape the area previously occupie~ by sai3 buil~ing. (i) Wi~gins, as ~wner oF Parcel A, 3grees that for so long as ~7inn Dixie Stores, Inc., a Florida corporation, or any parent, subsi3iary, affiliate, or affiliated corporation or assignee thereof, operates a super:~arket within any portion of the impr~vements located on Parcel 8, no ~mprovements on Parcel A shall be use~i for the operation of a foo3 su~ermarket, grocery st~re, meat, fish, fruit or vegetable market, or any department or con~Qssi~n :~hich woul~ constitute thc equivalent thereof nor for the sale for off-premises consumption of any staple or fancy ~ ~roceries, meats, fishes, vegetahles, fruits, bakery goo~s or frozen foo3s.~ The foregoing shall not, however, prohibit: (i) the sale by a restaurant operation, lunch counter, or fountain (other than a delicatessen or bakery) of prepared ready-t~-eat food ~ a ~ °~~;~~~~ ~~ ,<~ _ .; J-~w' . ~.r~~~..+ ~ .+ ~g' -10- g~348 P~~E 162 . ~ ~ - ~~ ~ s <~-~~ ~. ~~..ap4x =`'~