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<br />/. <br />: , <br />: '.~ . <br /> <br />o <br />1,00D <br />1~. <br />I 00 <br />~1f <br /> <br />Zephyrhlllsf FL <br /> <br />1 <br /> <br />EASEMENTS WITH COV'KNANTS AND <br />RESTRICTIONS AFFECTING LAND ( "ReR") <br /> <br />THIS <br /> <br />AGREEMENT <br /> <br />is made as of the 25th day of <br /> <br />FebruarYf 1992f <br /> <br />between <br /> <br />Highway 301, Dade City, Florida 33525 ("Developer"). <br /> <br />Bentonvillef Arkansas 72716 ("Wal-Mart")f and CONCIRE, INC.f of 2006 South <br /> <br />WAL-MART STORES, INC., a Delaware corporationf of 702 S.W. Elghth Streetf <br /> <br />~ . <br /> <br />WIT N E SSE T B : <br /> <br />hereto as Exhibit A hereof, said tract being more particularly described in <br /> <br />WHEREAS, Wal-Mart is the owner of Tract 1 as shown on the plan attached <br /> <br />Exhibit B attached hereto; <br /> <br />\ <br /> <br />WHEREAS, Developer is the owner of Tract 2 and the Outparcel(s) shown on the <br /> <br />described in Exhibit C hereof; and <br /> <br />plan attached hereto as Exhibit A hereoff the sarne being more particularly <br /> <br />conjunction with each other pursuant to a general plan of improvement to form a <br /> <br />WHEREASf Wal-Mart and Developer' desire that Tracts 1 and 2 be developed in <br /> <br />u <br /> <br />forth; <br /> <br />the easements and the covenants, conditions and restrictions hereinafter set <br /> <br />Center"), and further desire that said tracts and the Outparcel(s) be subject to <br /> <br />commercial ShOpping Center (sometimes hereinafter referred to as the "Shopping <br /> <br />NOW, THEREFORE, for and in consideration of the premisesf easementsf <br /> <br />covenantsf conditionsf restrictionsf and encumbrances contained hereinf the <br /> <br />sufficiency of which is hereby acknowledgedf Wal-Mart and Developer do hereby <br /> <br />agree as follows: <br /> <br />1. Building/Common Areas. <br /> <br /> <br />,,<"'C <br /> <br />}~ <br />~~ I() <br />%~~ <br />-.J ~ <br />~~ <br />r\- <br />\'~ <br /> <br />a. <br /> <br />"Building Areas" as used herein shall mean that portion of Tract 1 <br /> <br />and those portions of Tract 2 shown on Exhibit A as "Building <br /> <br />Area" (and "Future Building Area" and "Future Expansion Area"). <br /> <br />Canopies may encroach from the Building Areas over the Common <br />\ <br /> <br />Areas provided the canopies do not interfere with the use of the <br /> <br />Common Areas. <br /> <br />b. <br /> <br />"Common Areas" shall be all of Tracts 1 and 2 except the BUilding <br /> <br />Areas. <br /> <br />c. <br /> <br />Conversion to Common Areas: <br /> <br />Those portions of the Building Areas <br /> <br />"I, ' <br />II <br /> <br />"f:!::ZEPHYR'ECR/DOCUMENT'RA <br /> <br />on each tract which are not from time to time used or cannot f <br /> <br />1 <br />O.R. 2099 P^GE 0 025 <br />