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HomeMy WebLinkAboutRestrictive Covenant AgreementlAllied Drive, Suite 1500 Direct: 501 372 6161 Little Rock, AR 72202 12-1-2022 City of Little Rock Planning & Development Department 723 W. Markham Little Rock, AR 72201 THE MIDDLE — Covenants and Restrictions Director Collins and Staff, Colliers Arkansas is developing THE MIDDLE mixed use development located on 10 acres at the intersection of Rodney Parham and Highway 10. Throughout the past month, our team has worked diligently to meet with adjacent neighborhoods and address their questions and concerns. Our team came to an agreement with The Pleasant Valley POA with the following terms. In exchange for the PV POA vote of support for the Middle, we Colliers Arkansas (developer) agreed to the following. Upon closing on the land, developer will file restrictive covenants on the entire 10+ acres that reflect the following: 1. USE RESTRICTIONS These C-3 uses will be prohibited in the Middle development project: Auto glass or muffler shop. Auto parts and accessories. Auto parts, sales with limited motor vehicle parts installation. Auto rental or leasing (no service, sales or repair). Auto repair garage. Building material sales (open). Car wash. Cigar, tobacco and candy store. College fraternity or sorority. College, university or seminary. Convenience food store with gas pumps. Crematorium. Glass or glazer. Installation, repair and sales. Home center. Laundromat or pickup station. Lawn and garden center, open display. Lumberyard. Medical marijuana cultivation facility. Medical marijuana dispensary. Accelerating success. 1140 Bay Street, Suite 4000 Direct: +1 416 324 4379 Toronto, ON M5S 2B4 Mini -warehouse. Multi -Family Apartments Pawnshop. Recycling facility, automated. Seasonal and temporary sales, outside. Secondhand store (used furniture or rummage shop). Service station with limited motor vehicle repair. Service station. Small engine repair. Tool and equipment rental (inside display only). Tool and equipment rental (with outside display). Truck or trailer rental or leasing (no service, sales or repair). Upholstery shop, auto. Upholstery shop, furniture. 2. Signage In lieu of large maximum allowable "pylon" signage at each lot, developer agrees to build one large development sign that would have multiple tenant panels (see examples below) and then restrict each lot in the development to a ground mounted sign. Multi -tenant sign examples: Final design would match architectural styling of the mixed use development. These are just examples. Also, we are not working with any tenants listed on sign below. Accelerating success. 1140 Bay Street, Suite 4000 Direct: +1 416 324 4379 Toronto, ON M5S 2B4 In addition to the restrictive covenants addressed above, developer agrees to the following in regards to cross access. Before any building permit is issued to THE MIDDLE and any associated lots within the development, developer will have a recorded cross access agreement between Anderson Drive/Kent Drive to Systematics Drive. This agreement ensures that patrons of THE MIDDLE will have access to the existing traffic signal at Systematics and Rodney Parham. Developer has an agreement with the future owner of the FIS Campus. The cross access agreement cannot be filed until the new owner takes possession of the campus (real estate closing for the future FIS campus owner is scheduled to take place by December 31, 2022. Our firm represents the future buyer). Our team at Colliers Arkansas really appreciates the collaborative discussions between city staff and neighborhood POAs especially Pleasant Valley. We look forward to delivering a first class project that will be an amenity to neighbors across our great city. Sincerely, ___' 0Bradford G ines Director of New Developments I Arkansas Development Division Brad_fo_rd_. Gai nes@)Coll iers. cony Office — 501-372-6161 Accelerating success.