2007 019 Resolution - Laserfiche WebLink

Home Browse Search

Parcel and (y) from Wilson Mills Road and the east parking area of Supermarket. Parcel to the Parking Area; (ii) an asphalt or concrete Parlcing Area, including striping for thirty (30) parking spaces and necessary lighting; and (iii) paving, landscaping and other site amenities that provide attractive pedestrian access across the Village Parcel to and from the Village's development identified on Exhibit G attached hereto and the North Entrance. (d) Heinen's shall have the right, subject to obtaining approval of the Village in accordance with applicable Village ordinances, to place signage visible from Wilson Mills Road on the northern wall of the building located on Supermarket Parcel. In the event that any improvements are constructed on Village Parcel, the improvements shall not substantially obstruct the visibility of such signage from Wilson Mills Road. For purposes of this Paragraph 3(d), the tertn "substantially obstruct" shall mean the inability to view such signage within fifty percent (50%) of the viewing corridor currently available from Wilson Mills Road to the building located on the Supermarket Parcel. (e) Village acknowledges that it currently has no plans to construct any buildings or other enclosed structures on the Village Parcel within thirty (30) feet of the building located on the Supermarket Parcel (the "Setback"), but in the event that the Village elects to construct any buildings or other enclosed structures within the Setback, Heinen's, at its sole cost and expense, shall be responsible for the cost of any modifications to the building located on the Supermarket Parcel required by the Village Codified Ordinances or. by any applicable governmental fire or safety codes as a result of constructing such buildings or enclosed structures. ( fl Heinen's shall use and occupy .the North Entrance Area in accordance with the Conditional Use Permit and all present and future laws, ordinances, orders, rules and regulations of all public authorities having jurisdiction over the North Entrance Area or any part or parts thereof. In addition, Heinen's, at Heinen's sole cost and expense, shall be solely responsible for complying with all requirements of the Americans with Disabilities Act, as amended at any time and from time to time. Heinen's shall not do or permit to be done any act or thing upon the North Entrance Area which might subject the Village to any liability or responsibility for injury or damage to any person or persons or property by reason of any business or operation carried on in the North Entrance Area or for any other reason. 4. Maintenance Obli at?ons. (a) Heinen's shall be solely responsible, at its cost and expense, for the maintenance, repair and replacement of the North Entrance, including (i) maintaining the North Entrance in good, order, condition and repair, (ii) promptly making all necessary or appropriate repairs or replacements, including repairs or replacements of windows, doors and glass, (iii) being responsible for all cleaning, janitorial and window washing services which are necessary or appropriate to keep and maintain the North Entrance and the North Entrance Area in a clean and sightly condition at all times, and (iv) causing all rubbish, trash or debris generated from the North Entrance or the North Entrance Area to be removed from the North Entrance Area as frequently as possible. In the event that Heinen's does not promptly complete its obligations