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2008 020 Ordinance
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2008 020 Ordinance
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Last modified
11/19/2018 3:57:53 PM
Creation date
8/21/2018 3:45:22 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
020
Date
7/21/2008
Year
2008
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(ii.) Should Grantee wish to sell, assign, transferor otherwise convey <br />the above granted real estate within ten (10) years after the date of this Deed without <br />having constructed thereon a H einen's Supermarket, Aintree Park Investors, or its <br />assigns, shall have the right, within sixty (60) days after being notified by Grantee in <br />writing by certified or registered mail, return receipt requested, of such proposed. sale, <br />assignment, transfer or conveyance, to offer in writing to purchase such real <br />estate for a price set forth in such offer. Thereafter, Grantee shall have ninety (90) <br />days within which to obtain another bona fide offer or offers to purchase such real <br />estate, and Aintree Park Investors or its assigns, shall have the right during the sixty <br />(60) day period after the end of such ninety (90) day period to match the best bona <br />fide offer for such real estate obtained by Grantee, as determined by Grantee, and in <br />such event, Aintree Park Investors, or its assigns, shall purchase and Grantee shall sell <br />such real estate at the price and under the terms and conditions of such best bona fide <br />offer. If Aintree Park' Investors, or its assigns, does not match the best bona fide offer <br />as aforesaid, the foregoing restrictions shall no longer be applicable provided that a <br />sale to the best bona fide offeror under the terms and conditions of such offer is made <br />by Grantee. <br />(iii.) Grantee and its assigns shall at al] times at its sole expense maintain <br />a landscape screening o n the westerly lot line of the above granted real estate and <br />along the full length of such real estate along Aintree Park Drive. Such landscaping <br />shall consist of trees and shrubs which shall provide adequate screening equivalent to <br />the screening presently existing at the Heinen's, Inc. supermarket located at 2180 <br />South Green Road, South Euclid, Ohio. If Grantee or its assignees should not perform <br />any of the covenants described in this paragraph (iii), Grantor shall be entitled to <br />require specific performance by Grantee at Grantee's expense, and in addition, shall <br />be entitled to cause the necessary landscaping to be installed and maintained at <br />Grantee's expense. And that I will warrant and defend said premises, with the <br />appurtenances thereunto belonging, to the said Grantee, its successors and assigns, <br />against all lawful claims and demands whatsoever, except as above set forth. <br />A-4 <br />
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