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HomeMy WebLinkAboutS-0144-K ApplicationCity of Little Rock Planning and Development Filing Fees Date 26 Annexation $ Board of Adjustment $ Cond Use Permit/T U P $ Final Plat $ Planned Unit Dev $� Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change 300; §!q r Street Name Signs Try .. AJ/O Number at = S J $ Public Hearing Sign Number -at a Total File No Location _ )'yr• Applicant ti By CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVAL. FINAL PLAT NAME: TOWNE OAKS LOT 14R INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date:__ ADDRESSING SPECIALIST REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL ENGINEER REPORT A�?&OUFV 1--1 i ti Th-47 I have reviewed the file for this matter and find that: ] Ac,�.Fsr �� [Z �;,., ,.F� W� W A4­6 kee.rs The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. �/ Wis— SURVEYOR Effective: March 19, 2015 e v� � � a �• . so a TF9 J +R~ •y ~.... � Y ��.0 a PM9 4 ..� Z11 — �..... p" L.r"••���'.�.i-;� fir,"" _ +x W $ Sri,, — r.a a. a++mn wou va. rr. rmaw� fail . n rrs r •_ � O y J — ` v Wo 1 oz Lu F•3 IL FINAL PLAT OF LOT MR, �'�'� TOWNE OAKS ADDITION, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS FP From: Edwards, Micah 8 To: pert brown Subject: RE: Plat Review - Lot 14R, Town Oaks Addition Date: Thursday, March 19, 2015 8:40:23 AM Attachments: 1.1-183 2015-03-18 Enal Plat Review . F Centerpoint has no objection to the proposed plat that is attached. Please let me know if you need more information, and I apologize on behalf of CNP that it took so long to get you an answer; honestly at the moment we are a bit short handed. If you need anything in the future please do not hesitate to contact me. Thanks, Micah Edwards Engineer II Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct:501-377-4849 1 Fax:501-377-4733 1 Mobile:501-258-4373 CenterPeint Energy From: Robert Brown [mailto:rbrown@dci-Ir.com] Sent: Wednesday, March 18, 2015 9:01 AM To: Edwards, Micah B Subject: RE: Plat Review - Lot 14R, Town Oaks Addition Thank you, Robert M. Brown ■ O: 501.221.7880 C: 501.804.7881 From: Edwards, Micah B [mmilto:mica h.edwards@Cent oir� •ntEneray.com] Sent: Wednesday, March 18, 2015 9:00 AM To: Robert Brown Subject: RE: Plat Review - Lot 14R, Town Oaks Addition Robert, I have received your email and your voicemail. Please give me some time to review the plat and I will get you a response as soon as I can. Thanks, Micah Edwards Engineer II Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct:501-377-4849 1 Fax:501-377-4733 1 Mobile:501-258-4373 CenlerPoint Energy From: Robert Brown [ it r w - ] Sent: Wednesday, March 18, 2015 8:47 AM To: Edwards, Micah B Subject: Plat Review - Lot 14R, Town Oaks Addition I sent this plat to Vernon McNulty on March 11 and have not had any response. I also sent a reminder email on Monday and left a voice mail this morning with no response. Mr. Nick Timberlake gave me your name this morning as the contact person for this area so I am forwarding the proposed replat to you for review and approval. This property is located on the north side of Rodney Parham Road, just west of Reservoir Road, and adjacent to the Walgreen's drug store. We are replatting this property as part of a building setback variance requirement and to make an additional right-of-way dedication along Rodney Parham. The gas main we located is running along the north edge of Rodney Parham, currently within an existing easement. After the plat is recorded, the gas line will lie within public right-of-way. Please review and call me if you have any questions. I need to receive your statement of approval by email or letter as soon as possible. Thank you for your assistance. Robert M. Brown ■ a Development Consultants Inc. 2200 North Rodney Parham Road, Suite220 Little Rock, Arkansas 72212 0: 501.221.7880 C: 501,804.7881 ***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links or opening attachments from unknown sources. ***** From: Vincent Hotho To: Robert B[Own Cc: James, Donna Subject: RE: Lot 14R, Towne Oaks Addition - Final Plat Review Date: Wednesday, March 18, 2015 2:34:42 PM Robert, LRW has no objection to this plat. Sewer service is available to the property. S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 M bl: 501.442.6042 From: Robert Brown [mailto:rbrown@dci-Ir.com] Sent: Wednesday, March 18, 2015 1:37 PM To: Vincent Hotho Subject: Lot 14R, Towne Oaks Addition - Final Plat Review I had our surveyor take a look at that easement area again and we agree, the 10 foot easement is already there. Attached is another copy for your review, showing utilities, and the amended easement. Thank you, Robert M. Brown ■ Development Consultants Inc. 2200 North Rodney Parham Road, Suite220 Little Rock, Arkansas 72212 0: 501,221.7880 C: 501.804.7881 From: Daniel Tull To: Robert Brown Subject: RE: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Date: Tuesday, March 17, 2015 1:24:45 PM CAW approved with no comments Thank You Central Arkansas Water Daniel Tull, Engineering Technician daniel.tWIIPcar .com 501-377-1245 From: Robert Brown [mailto:rbrown@dci-Ir.com] Sent: Wednesday, March 11, 2015 2:41 PM To: Vincent Hotho; Daniel Tull; KEATHLEY, CHRIS; NEUMEIER, BERNARD; McNully, Vernon W. Cc: Craig Lofton; Moore, Monte; James, Donna Subject: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Attached for your use are copies of the proposed replat of Lot 14, Towne Oaks Addition (with and without utilities), for the proposed development of Natural Grocers (site plan also included). This property is located on Rodney Parham Road, just west of Reservoir Road and adjacent to the Walgreen's site. The development is currently under consideration for a building setback variance, which requires a replat to amend the existing platted building setback at the front of the lot. All utilities we located appear to be within existing easements of record, as shown and referenced in notes on the plat drawings. Please review and respond with your approval as soon as possible. Please call me to discuss if you have any questions or other issues. Thank you for your prompt response. Robert M. Brown C: Development Consultants Inc. 2200 North Rodney Parham Road, Suite220 Little Rock, Arkansas 72212 O: 501.221.7880 C: 501.804.7881 From: KEATHLEY CHRIS To: RoberL Brown Cc: KEATHLEY. CHRIS; GMLEY. ]OHM CURTIS; FINCH. BARRETTA Subject: FW: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Date: Monday, March 16, 2015 3:57:45 PM Attachments: 14-183 2015.03-I I Final Pia( - Wtth Utilities-odf 14-183 2015.03.11 Final Plat Review Coov,o�f 14-183 ?015-03-09 BOA Variance Plan.odF AT&T approves the proposed attached final plat of Lot 14R Towne Oaks addition in the City of Little Rock. CK Chris Keathley Lead 05P Ping & Eng bsgn 501.373.6594 0 501,615.5823 C From: Robert Brown [mailto:rbrown@dci-Ir.com] Sent: Wednesday, March 11, 2015 2:41 PM To: Vincent Hotho; Daniel Tull; KEATHLEY, CHRIS; NEUMEIER, BERNARD; McNully, Vernon W. Cc: Craig Lofton; Moore, Monte; James, Donna Subject: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Attached for your use are copies of the proposed replat of Lot 14, Towne Oaks Addition (with and without utilities), for the proposed development of Natural Grocers (site plan also included). This property is located on Rodney Parham Road, just west of Reservoir Road and adjacent to the Walgreen's site. The development is currently under consideration for a building setback variance, which requires a replat to amend the existing platted building setback at the front of the lot. All utilities we located appear to be within existing easements of record, as shown and referenced in notes on the plat drawings. Please review and respond with your approval as soon as possible. Please call me to discuss if you have any questions or other issues. Thank you for your prompt response. Robert M. Brown ■ ■ Development Consultants Inc. 2200 North Rodney Parham Road, Suite220 Little Rock, Arkansas 72212 O: 501.221.7880 C: 501.804.7881 From: NELIMEIER._BERNAR To: Robert Brown Cc: Craia Lofton; David Meyer Subject: RE: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Date: Friday, March 13, 2015 12:34:38 PM Entergy approves of the Plat with the understanding that the overhead electrical line on the northwest property line will be buried prior to the construction of the new building. Thanks Bernard Neumeier Region Engineering Supervisor Entergy Arkansas Inc. Sent via the Samsung GALAXY S(R4, an AT&T 4G LTE smartphone -------- Original message -------- From: Robert Brown <rbrown@dci-Ir.com> Date:03/13/2015 9:03 AM (GMT-06:00) To: "NEUMEIER, BERNARD" <BNEUMEI@entergy.com> Cc: Craig Lofton <clofton@equityventurescd.com>, David Meyer <DMeyer@equityventurescd.com> Subject: RE: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback While we work toward the solution on re -arranging the OHE service to an underground arrangement, could you please complete your review and approval of the plat? I have attached an updated copy of the plat and a preliminary utility plan for your reference, with the understanding that the electrical service situation will be changing. Robert M. Brown it O: 501.221.7880 C: 501.804.7881 From: NEUMEIER, BERNARD [mailto:BNEUMEI@entergy.com] Sent: Thursday, March 12, 2015 3:18 PM To: Robert Brown Cc: Craig Lofton; Moore, Monte; James, Donna; Vincent Hotho; Daniel Tull; KEATHLEY, CHRIS; McNully, Vernon W.; Drew Westlake; NEUMEIER, BERNARD Subject: RE: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback Robert, There is an existing overhead power line extending along the NW property line of this lot. As indicated by the proposed structure on the plan it will be extremely close to the power line which will be a problem. There are National Electrical Safety Code (NESC) requirements about how close a structure/building can be to electrical power lines — minimum of 7.0 feet horizontal distance based on the most recent version of the code. In addition, there is an OSHA requirement (crane law) that no worker, device such as a crane/cable, scaffold etc. can be within 10 feet of an energized power line. The wall of the new building appears to be within 6 feet of the power line. It appears that the location of the proposed building might need to be reconsidered to enable adherence to code and OSHA clearance requirements. Thanks, coBetnatd Cffeumetet Region Engineering Supervisor Entergy Arkansas, Inc. 8-721-5158 501-954-5158 501-954-5175 fax 501-733-0045 cell The new 2013 Service Standards are issued in an electronic format on the Entergy web page (www.entergy.com). The link is: Arkansas: http:lJwvyw.gntergy-arkansas.com//your_business/buiider.aspxx From: Robert Brown [mailto:rbrownftdcf-lr.com] Sent: Wednesday, March 11, 2015 2:41 PM To: Vincent Hotho; Daniel Tull; KEATHLEY, CHRIS; NEUMEIER, BERNARD; McNully, Vernon W. Cc: Craig Lofton; Moore, Monte; James, Donna Subject: Final Plat of Lot 14R, Towne Oaks Addition - Natural Grocers Building Setback EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide your user ID or password. Attached for your use are copies of the proposed replat of Lot 14, Towne Oaks Addition (with and without utilities), for the proposed development of Natural Grocers (site plan also included). This property is located on Rodney Parham Road, just west of Reservoir Road and adjacent to the Walgreen's site. The development is currently under consideration for a building setback variance, which requires a replat to amend the existing platted building setback at the front of the lot. All utilities we located appear to be within existing easements of record, as shown and referenced in notes on the plat drawings. Please review and respond with your approval as soon as possible. Please call me to discuss if you have any questions or other issues. Thank you for your prompt response. LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is made and entered into this 16 day of July , 2015, by and between WALGREEN CO., an Illinois corporation ("Walgreens") and EVC LITTLE ROCK, LLC, an Arkansas limited liability company, (the "Parcel B Owner"). RECITALS A. Queensgate Associates, a Pennsylvania limited partnership (the "Parcel A Owner") is the owner of the Parcel A (defined below). The Parcel A Owner is the owner of that certain real property situated in the City of Little Rock, County of Pulaski, State of Arkansas, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Parcel A"). B. Walgreens is the tenant of the Parcel A. C. The Parcel B Owner is or has the binding right to become the owner of that certain real property situated in the City of Little Rock, County of Pulaski, State of Arkansas, more particularly described on Exhibit "A-1" attached hereto and incorporated herein by this reference ("Parcel B"). C. Parcel B as shown on Exhibit "B" (the "Natural Grocers Parcel") is intended to be leased by Parcel B Owner to Vitamin Cottage Natural Food Markets, Inc. ("Natural Grocers"). D. The parties hereto desire to impose certain easements upon the Parcels, and to establish certain covenants, conditions and restrictions with respect to said Parcels, for the mutual and reciprocal benefit and complement of Parcel A and Parcel B and the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, Walgreens and the Parcel B Owner hereby covenant and agree that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restrictions and conditions hereinafter set forth in this Agreement, so that said Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement and, in connection therewith, the parties hereto on behalf of themselves and their respective successors and assigns covenant and agree as follows: AGREEMENTS Definitions. For purposes hereof: Little Rock, AR Store #10364 (a) The term "Owner" or "Owners" shall mean the Parcel A Owner (as to Parcel A) and the Parcel B Owner (as to Parcel B) and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real property. (b) The term "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Agreement as legally described on Exhibit "A" and Exhibit "A-V and identified on the Site Plan (defined hereinbelow), that is, Parcel A and Parcel B, and any future subdivisions thereof. (c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or occupant(s). (d) The term "Common Area" shall mean those portions of Parcel A and Parcel B that are outside of exterior walls of buildings or other structures from time to time located on the Parcels, and which are either unimproved, or are improved as (without limitation) parking areas, landscaped areas, driveways (but excluding any drive-thru facility and trash corral), roadways, walkways, light standards, curbing, paving, entrances, exits and other similar exterior site improvements. (e) The term "Walgreen" or "Walgreens" shall mean Walgreen Co., an Illinois corporation (or any of its affiliates, subsidiaries, successors or assigns). (f) The term "Walgreen Lease" or "Walgreens Lease" shall mean that lease of Parcel A from the Parcel A Owner as landlord to Walgreen as tenant, and any amendments, extensions or replacements thereof. If there are any conflicts between the term of this Agreement and the Walgreens Lease, then the Walgreens Lease shall control as to the relationship and responsibilities of the Parcel A Owner and Walgreens. (g) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as Exhibit "B" and by reference made a part hereof. Except as may be otherwise provided in this Agreement, the Site Plan is for identification purposes only. (h) The term "Driveway" shall mean that driveway and related driveway improvements, paving, curbing, entrances and exits, in the location on the Parcels as shown on the Site Plan. 1►• Little Rock, AR Store #10364 (i) The term "Natural Grocers" shall mean Vitamin Cottage Natural Food Markets, Inc. (or any of its affiliates, subsidiaries, successors or assigns). Natural Grocers shall be deemed a third party beneficiary to this Agreement. Q) The term "Natural Grocers Lease" shall mean that lease of Parcel B from the Parcel B Owner as landlord to Natural Grocers as tenant, and any amendments, extensions or replacements thereof. 2. Easements. 2.1 Grant of Easements. Subject to any express conditions, limitations or reservations contained herein, the Owners hereby grant, establish, covenant and agree that the Parcels, and all Owners and Permittees of the Parcels, as applicable, shall be benefited and burdened by the following nonexclusive, perpetual easements which are hereby imposed upon the Parcels and all present and future Owners and Permittees of the Parcels: (a) A reciprocal easement for reasonable access, ingress and egress over the paved driveways, roadways and walkways as presently or hereafter constructed and constituting a part of the Common Area of Parcel B and the Common Area of Parcel A including, without limitation, the Driveway, so as to provide for the passage of motor vehicles and pedestrians between all portions of the Common Area of such Parcels intended for such purposes, and to and from all abutting streets or rights of way furnishing access to such Parcels as shown on the site plan attached as Exhibit "B". 2.2 Indemnification. Each party having rights with respect to an easement granted hereunder shall indemnify, defend, and hold the Owner whose Parcel is subject to the easement (including Walgreen, in the case of the Owner of Parcel A and Natural Grocers in the case of the Owner of Parcel B) harmless from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents, injuries, loss, or damage of or to any person or property arising from the negligent, intentional or willful acts or omissions of such party, its contractors, employees, agents, or others acting on behalf of such party. 2.3 Access Opening. The opening(s) and access point(s) contemplated between the Parcels for use of the Driveway, is/are shown on the Site Plan and such opening(s) and access point(s) between the Parcels for use of the Driveway, as contemplated pursuant to paragraph 2.1(a) above, are hereinafter called the "Access Opening." The Access Opening shall be constructed by the Parcel B Owner, at its sole and exclusive expense, but subject to Walgreens' prior written consent. The Access Opening shall in no event be blocked, closed, altered, changed or removed and shall at all times remain in place as shown on the Site Plan except in the event Walgreens is no longer the Tenant or not an owner of the Parcel A, then the Access Opening shall be closed and returned to 3 Little Rock, AR Store #10364 its original condition at the Parcel B Owner's sole cost and expense. There shall be maintained between the Access Opening a smooth and level grade transition to allow the use of the Driveway for pedestrian and vehicular ingress and egress as set forth in paragraph 2.1 above. Except with respect to the Access Opening, each party shall be permitted to maintain a fence, curbing, landscaping or other improvements along the boundary line of its Parcel, 3. Maintenance. 3.1 General. Each party shall maintain the their respective Parcels in a clean and neat condition and shall take such measures as are necessary to control grass, weeds, blowing dust, dirt, litter or debris. 3.2 Buildings and Appurtenances Thereto. (a) Each party covenants to keep and maintain, at its sole cost and expense, the building(s) located from time to time on its respective Parcel in good order, condition and repair. Once constructed, in the event of any damage to or destruction of a building on any Parcel, the Owner of such Parcel shall (except in connection with the Parcel A, then Walgreens Lease dictates the responsibility) at its sole cost and expense, with due diligence either (i) repair, restore and rebuild such building to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement), or (ii) demolish and remove all portions of such damaged or destroyed building then remaining, including the debris resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition. Nothing contained in subparagraph 3.2(ii) shall be deemed to allow an Owner to avoid a more stringent obligation for repair, restoration and rebuilding contained in a lease or other written agreement between an Owner and such Owner's Permittee. 3.3 Common Area. Each party of a Parcel covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained at its expense all Common Area located on its Parcel in good order, condition and repair. Following the construction of improvements thereon, maintenance of Common Area shall include, without limitation, maintaining and repairing all sidewalks and the surface of the parking and roadway areas, removing all papers, debris and other refuse from and periodically sweeping all parking and road areas to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining and keeping lit appropriate lighting fixtures for the adequate lighting of parking areas and roadways, including the Driveways, during normal business hours, maintaining marking, directional signs, lines and striping as needed, maintaining landscaping, maintaining signage in good condition and repair, and performing any and all such other duties as are necessary to maintain such Common Area in a clean, safe and orderly condition. Except as otherwise expressly provided in this Agreement, once constructed, in the event of any 4 Little Rock, AR Store #10364 damage to or destruction of all or a portion of the Common Area on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild such Common Area to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement). Each party reserves the right to alter, modify, reconfigure, relocate and/or remove the Common Areas or building areas on its Parcel, except as may otherwise be provided in this Agreement to the contrary, and subject to the following additional conditions: (i) as to Parcel A, during the continuance of the Walgreen Lease, the express written consent of Walgreen shall be required; (ii) the reciprocal easements between the Parcels pursuant to paragraph 2.1 shall not be closed or materially impaired; (iii) the Driveway and ingress and egress thereto, and to and from the Parcels and adjacent streets and roads, shall not be so altered, modified, relocated, blocked and/or removed without the express written consent of all Owners, Walgreen (during the continuance of the Walgreen Lease), and Natural Grocers (during the continuance of the Natural Grocers Lease); (iv) the same shall not violate any of the provisions and easements granted in paragraph 2. 4. Construction of Im rovements. Every building (including its appurtenant Common Area improvements), now or in the future constructed on Parcel A or Parcel B shall be constructed, operated and maintained so that the same is in compliance with all applicable governmental requirements. Except as may be shown on the Site Plan, there shall be no changes in the grade elevations within the Parcels which exceed five percent (5%), and the Parcels shall each be suitably paved and drained. The Driveway shall be constructed and completed by the Parcel B Owner at the same time as the Parcel B Owner develops Parcel B for Natural Grocers under the Natural Grocers Lease (in accordance with plans consistent with the Driveway as shown on Exhibit B). Automobile traffic aisles shall run in directions shown on the Site Plan. During any such period when construction is occurring or any other work, restoration, repair or maintenance on a Parcel is undertaken while a business is then operating on an adjacent Parcel, the Owner or party of that Parcel upon which such work is being so conducted shall erect reasonable barriers on its Parcel (regardless of whether required under applicable law) for safety purposes, reasonably sufficient to restrict encroachment into the construction area by unauthorized vehicles and pedestrians; such barriers, however, subject to the applicable provisions of Sections 2.3, 2.4(a) and 3.3(c) above. 5. Restrictions. 5.1 General. Each Parcel shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, and regulations, and no use or operation shall be made, conducted or permitted on or with respect to all or any portion of a Parcel which is illegal. In addition to the foregoing, throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Parcel B, shall be used, 5 Little Rock, AR Store #10364 directly or indirectly, for purposes of a cocktail lounge, bar, any other establishment that sells alcoholic beverages for on -premises consumption, (except that the following shall not be a violation of the foregoing: sales incidental to the primary business of a tenant in connection with a restaurant whereby the gross sales of alcoholic beverages for on -premises consumption shall not exceed ten percent of said tenant's total gross sales), disco, bowling alley, pool hall, billiard parlor, skating rink, roller rink, laser tag or similar facility, amusement arcade, a theater of any kind, adult book store, adult theatre, adult amusement facility, any facility selling or displaying pornographic materials or having such displays, a second hand, odd lot, closeout, or liquidation store, the operation of a so-called "dollar" or similar store which sells and/or advertises the sale of any products then also typically sold in a Walgreens drug store at a specific price point or below a specific deeply -discounted price level (e.g., a "dollar" or "99V" store), auction house, flea market, educational or training facility (including, without limitation, a beauty school, barber college, school or other facility catering primarily to students or trainees rather than customers), gymnasium, sport or health club or spa, blood bank, massage or tattoo parlor, funeral home, sleeping quarters or lodging, the outdoor housing or raising of animals, the sale, leasing or storage of automobiles, boats or other vehicles, any industrial use (including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses), any mining or mineral exploration or development, a car wash, a carnival, amusement park or circus, an assembly hall, banquet hall, auditorium or other place of public assembly, off track betting establishment, bingo hall, any use involving the use, storage, disposal or handling on Parcel B of hazardous materials or underground storage tanks, any use which may materially or adversely affect the water and sewer services supplied to Parcel A, a church, temple, synagogue, mosque, or the like, any facility for the sale of paraphernalia for use with illicit drugs, office use (except incidental to a retail use and except as otherwise permitted under Section 5.2 below), or any use which creates a nuisance. 5.2 Additional Parcel B Restrictions. Throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Parcel B, shall be used, directly or indirectly, for any one or more of the following purposes: (i) the operation of a drug store or a so-called prescription pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind; (ii) the operation of a medical diagnostic lab and/or the provision of treatment services (other than as part of a medical, dental, physician, surgical or chiropractic office[s], which office[s] shall not be restricted by this subsection [ii]); (iii) the sale of so-called health and/or beauty aids and/or drug sundries; (iv) the operation of a business in which alcoholic beverages shall be sold for consumption off the premises; (v) the operation of a business in which photofinishing services (including, without limitation, digital photographic processing or printing, or the sale of any other imaging services, processes or goods) or photographic film are offered for sale; (vi) the operation of 6 Little Rock, AR Store #10364 a business in which greeting cards and/or gift wrap are offered for sale; and/or (vii) the operation of a business in which prepackaged food items for off premises consumption are offered for sale except that the following shall not be a violation of this subsection (vii): sales incidental to the primary business of a tenant in an area not to exceed ten percent (10%) of said tenant's sales area or 150 square feet, whichever is less. For purposes hereof "contiguous" shall mean property that is either adjoining Parcel A or separated from Parcel A only by a public or private street, alley or right-of-way. Notwithstanding the foregoing, for so long as Natural Grocers is open and operating a Natural Grocers retail store on Parcel B, Natural Grocers' use of Parcel B for the following purposes shall be deemed not to violate this Covenant: the operation of a natural food grocery store selling foods, vitamins and supplements including the wholesale and retail sale of natural whole and prepared foods; canned goods and groceries; frozen and fresh vegetables, meats, and sandwiches; dairy products; products of massage therapists; health and beauty aids; books and other reading materials; kiosks carrying the product of third party vendors; the right to have lectures on various subjects; and the right to carry products customarily carried by large wholesale and retail natural food stores such as Whole Foods and the Vitamin Shoppe, and in conjunction with the operation of a natural food grocery store, Natural Grocers may also offer a juice bar, delicatessen, coffee bar, and bakery department (all of the foregoing, the "Permitted Use"). As part of its Permitted Use, Natural Grocers shall be permitted to engage in more than the incidental sale of so-called health and/or beauty aids and/or drug sundries, as well as the sale of prepackaged food items for off premises consumption. Walgreens consent to the use of Parcel B for the Permitted Use by a user other than Natural Grocers shall not be unreasonably withheld, conditioned, or delayed in the exercise of Walgreens's reasonable business judgment, it being agreed that it shall not be deemed unreasonable for Walgreens to withhold or deny its consent to any such proposed user if, in Walgreens's reasonable and good faith opinion such proposed use would adversely impact Walgreens's business operations. 5.3 ❑rive-Throughs; No -Standing. No facility on a Parcel for vehicular drive -up or drive -through in which the stopping or standing of motor vehicles in line at a location for dropoff and/or pickup is intended (as, for example, at a restaurant, car wash or bank) shall be assigned, constructed, used or operated in any manner such that motor vehicles in line at such facility stop or stand onto another Parcel and/or the Driveway, or otherwise interfere with the normal pattern and flow of pedestrian or vehicular traffic on and across another Parcel and/or the Driveway, or between Parcels, or from any Parcel to and from adjacent public roadways. In addition, the stopping or standing of motor vehicles at a location for drop off and/or pick up of passengers (e.g. valet parking) or for the making of deliveries, shall not be operated in any manner such that motor vehicles shall stop or stand on another Parcel and/or the Driveway. 7 Little Rock, AR Store #10364 6. Conditions and Effective Date. This Agreement is conditioned upon and shall have no force or effect until EVC or its successors or assigns shall have obtained fee simple ownership of Parcel B. Upon satisfaction of said condition (the "Effective Date"), the Parcel B Owner shall promptly sign this Agreement and send a copy to the Parcel A Owner, Walgreen and Natural Grocers. In the event the Effective Date fails to occur on or before December 31, 2015, then this Agreement shall terminate without further notice, unless said deadline is extended by written amendment signed by all parties. 7. Taxes and Assessments. Each party shall pay all taxes, assessments, or charges of any type levied or made by any governmental body or agency with respect to its Parcel. 8. No Rights in Public: No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Parcel A or Parcel B. No easements, except (i) those expressly set forth in paragraph 2, and/or (ii) an easement over Parcel A so as to enable the construction of the Driveway and other improvements required for the initial development for Natural Grocers by the Parcel B Owner, shall be implied by this Agreement; in that regard, and without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied. The parking areas within each Parcel shall be for the exclusive use of the Permittee(s) therein, such Permittees customers, employees, invitees, successors, assigns and sublessees. Each respective Owner and their Permittees shall have the right hereunder to erect and/or remove signage, from time to time, adjacent to such exclusive spaces indicating such parking exclusivity, and are hereby authorized to enforce such exclusive parking right through towing and other means. 9. Remedies and Enforcement. 9.1 All Legal and E uitable Remedies Available. In the event of a breach or threatened breach by any party of any of the terms, covenants, restrictions or conditions hereof, the other party and during the continuance of their respective leases, Natural Grocers and Walgreen shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. Walgreen shall have the right, but not the obligation, to enforce this Agreement on behalf of the Owner of Parcel A, and/or to cure a breach or default hereunder by the Owner of Parcel A, which enforcement or cure shall be accepted by the other Owner(s) as if effected by the Owner of Parcel A. Natural Grocers shall have the right, but not the obligation, to enforce this Agreement on behalf of the Owner of Parcel B, and/or to cure a breach or default hereunder by the Owner of Parcel B, which enforcement or cure shall be accepted by the other Owner(s) as if effected by the Owner of Parcel B. 9.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a defaulting Owner or party to cure a breach of this Agreement within thirty (30) days following written notice thereof by an Owner or Walgreen 8 Little Rock, AR Store #10364 or Natural Grocers (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the defaulting Owner commences such cure within such 30-day period and thereafter diligently prosecutes such cure to completion), Walgreen, Natural Grocers or any Owner shall have the right to perform such obligation contained in this Agreement on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof together with interest at the prime rate charged from time to time by Bank of America, N.A. (its successors or assigns), plus two percent (2%) (not to exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of (i) an emergency, (ii) blockage or material impairment of the easement rights, and/or (iii) the unauthorized parking of vehicles on Parcel A or Parcel B, an Owner or Walgreen or Natural Grocers may immediately cure the same and be reimbursed by the other Owner upon demand for the reasonable cost thereof together with interest at the prime rate, plus two percent (2%), as above described. 9.3 Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to any Owner (or to Walgreen or Natural Grocers in connection with the exercise of its rights set forth in paragraphs 9.1 and/or 9.2 above) in enforcing any payment in any suit or proceeding under this Agreement shall be assessed against the defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Parcel of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Office of the County Recorder of Pulaski County, Arkansas, provided, however, that any such Assessment Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the Office of the County Recorder of Pulaski County, Arkansas prior to the date of recordation of said notice of lien, and (iii) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien. All liens recorded subsequent to the recordation of the notice of lien described herein shall be junior and subordinate to the Assessment Lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropriate release of such notice of lien and Assessment Lien. 9.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 9.5 No Termination For Breach. Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. 9 Little Rock, AR Store #10364 9.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this Agreement, each Owner agrees that such violation or threat thereof shall cause the nondefaulting Owner and/or its Permittees to suffer irreparable harm and such nondefaulting Owner and its Permittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this Agreement, the nondefaulting Owner, Walgreen, or Natural Grocers, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of paragraphs 2 and/or 5 of this Agreement. 10. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the Effective Date and shall remain in full force and effect thereafter in perpetuity, unless: (a) this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of Parcel A and Parcel B in accordance with paragraph 11.2 hereof; or (b) Walgreen Lease is no longer in effect and Walgreen is not the owner of Parcel B. 11. Miscellaneous. 11.1 Attorneys' Fees. In the event a party (including Walgreen) institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing parry after a final adjudication (including appeals) shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 11.2 Amendment. (a) The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of Parcel A and Parcel B, evidenced by a document that has been fully executed and acknowledged by all such record Owners. (b) Notwithstanding subparagraph 11.2(a) above to the contrary, no termination of this Agreement, and no modification or amendment of this Agreement shall be made nor shall the same be effective unless the same has been expressly consented to in writing by Walgreen (during the continuance of the Walgreen Lease) and by Natural Grocers (during the continuance of the Natural Grocers Lease). 11.3 Consents. Wherever in this Agreement the consent or approval of an Owner is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld, conditioned or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably 10 Little Rock, AR Store #10364 necessary to make an informed decision thereon. The consent of an Owner or Walgreen or Natural Grocers under this Agreement, to be effective, must be given, denied or conditioned expressly and in writing. During the continuance of the Walgreen Lease, any consent by the Owner of Parcel A, to be effective, shall also require the consent of Walgreen. Any consent of Walgreen may be given, denied or conditioned by Walgreen in Walgreen's sole and absolute discretion. During the continuance of the Natural Grocers Lease, any consent by the Owner of Parcel B, to be effective, shall also require the consent of Natural Grocers. Any consent of Natural Grocers may be given, denied or conditioned by them in their sole and absolute discretion. 11.4 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 11.5 No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 11.6 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every Owner and/or every other person or entity now or hereafter having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 11.7 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. 11.8 Severability. Each provision of this Agreement and the application thereof to Parcel A and Parcel B is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. 11 Little Rock, AR Store #10364 Ownership of both Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 11.9 Time of Essence. Time is of the essence of this Agreement. 11.10 Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 11.11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Owner, ,Natural Grocers and Walgreen may change from time to time their respective address for notice hereunder by like notice to the other Owner, Natural Grocers and Walgreen. Notice given by any Owner hereunder to be effective shall also simultaneously be delivered to Walgreen, (during the continuance of the Walgreen Lease) and Natural Grocers (during the continuance of the Natural Grocers Lease). The notice addresses of the Parcel A Owner, the Parcel B Owner, Natural Grocers and Walgreen are as follows: Wal Teens/Parcel A Tenant: Walgreen Co. Attn: Community & Real Estate Law Dept. 104 Wilmot Rd., MS #1420 Deerfield, IL 60015 Re: Store #10364 Parcel A Owner: Queensgate Associates 8605 Cameron Street, Suite 326 Silver Springs, MD 20910 Attn: Michael Arkin, Managing Member Parcel B Owner: EVC Little Rock, LLC 37 Martin Lane Englewood, CO 80113 EVC Little Rock, LLC Attn: Luke R. Spellmeier 3501 SW Fairlawn Rd., Suite 200 Topeka, KS 66614 Natural Grocers: Vitamin Cottage Natural Food Markets, Inc. 12612 W. Alameda Parkway Lakewood, CO 80228 Attn: Kemper Isely 12 Little Rock, AR Store #10364 11.12 Governing -Law. The laws of the State in which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Agreement. 11.13 Estoppel Certificates. Each Owner, within thirty (30) business days of its receipt of a written request from the other Owner(s) or Walgreen or Natural Grocers, shall from time to time provide the requesting Owner or Walgreen or Natural Grocers, a certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge, whether any party to this Agreement is in default or violation of this Agreement and if so identifying such default or violation; and (b) that this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate, 11.14 Bankruptcy. In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Agreement shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. 11.15 Mortgage Subordination. Any mortgage or deed of trust affecting any portion of any Parcel shall at all times be expressly made subject and subordinate to the terms of this Agreement, whether by a supplemental consent appended to this Agreement or else by separate agreement, and any party foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or trustee sale, shall acquire title subject to all the terms and conditions of this Agreement. 11.16 Counterparts. This Agreement may be executed in several counterparts, each of which may be deemed an original, and all of such counterparts together shall constitute one and the same Agreement. SIGNATURES APPEAR ON FOLLOWING PAGE 13 Little Rock, AR Store #10364 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WALG7EECO. An Illin ,s -, orDaz r� 00 By. It P� s' C Witness Witness ?- 14 Little Rock, AR Store #10364 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 15 Little Rock, AR Store #10364 EVC LITTLE ROCK, LLC an ansas limited liability company By: Its: .D Witness CONSENT OF QUEENSGATE ASSOCIATES The undersigned, Queensgate Associates, a Pennsylvania limited partnership as owner of Parcel A as defined in the License Agreement, hereby consents to the License Agreement, to which this Consent of Queensgate Associates is attached. Executed as of the day of July, 2015. QUEENSGATE ASSOCIATES By: Title Exhibit "A" - Legal Description of Parcel A Exhibit "A-1" - Legal Description of Parcel B Witness Witness Exhibit "B" - Site Plan. Identify Parcels A and B, the Driveway and Access Opening 16 Little Rock, AR Store #10364 Exhibit "A" Legal Description of Parcel A Lot 15, Towne Oaks Addition to the City -of Little Rock, Pulaski County, Arkansas as filed for record in plat book 38, page 62, and Lot 16A, Towne Oaks Addition to the City of Little Rock, Pulaski County, Arkansas as filed for record in plat book 39, page 21, and Lot 16R, Towne Oaks Addition to the City of Little Rock, Pulaski County, Arkansas as filed for record in plat book 39, page 71, being more particularly described as follows: Beginning at the NE Corner of said Lot 16R, being on the west right-of-way line of Reservoir Road; thence S 02°27'42" W along said west right-of-way line, a distance of 165.28 feet to the NE Corner of said Lot 16A; thence S 02"34'56" W along said west right-of-way line, a distance of 218.82 feet; thence along said west right-of-way line on a curve to the right having a Radius of 30.00 feet, an Arc Length of 54.60 feet and a Chord that bears S 54°43'01" W, a distance of 47.37 feet to the north right-of-way line of Rodney Parham Road; thence N 73008'54" W along said north right-of-way line, a distance of 96.52 feet; thence N 80043'54" W along said north right-of-way line, a distance of 24.90 feet to the SE Corner of said Lot 15; thence N 80°43'54" W along said north right-of-way line, a distance of 50.80 feet; thence N 73"08'54" W along said north right-of-way line, a distance of 59.20 feet to the SW Corner of said Lot 15; thence N 20°23'51" E along the west line of said Lot 15, a distance of 254.28 feet to the NW Corner of said Lot 15; thence N 74°51'10" W along the south line of said Lot 16R, a distance of 66.69 feet to the SW Corner of said Lot 16R; thence N 06058'05" E along the west line of said Lot 16R, a distance of 120.08 feet to NW Corner of said Lot 16R; thence S 84057'51" E along the north line of said Lot 16R, a distance of 241.47 feet to THE POINT OF BEGINNING, containing 2.12 Acres (92,488 sq. ft.) more or less. 17 Little Rock, AR Store #10364 Exhibit "A-1" Legal Description of Parcel B Lot 14, Towne Oaks Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on Plat of record in Plat Book 39, Page 4, records of Pulaski County, Arkansas. 18 Little Rods, AR Store #10364 Exhibit "B" Site Plan SEE ATTACHED The attached site plan is for general informational purposes only. Except for the Driveway and Access Opening located on Parcel A and Parcel B, all improvements shown on Parcel B, such as buildings, parking spaces, drive aisles and the like are for illustrative purposes only and subject to the provisions of this Agreement are not intended to be relied upon and are not intended to constitute representations, warranties or covenants as to the size and nature of the improvements to be constructed (or that any improvements will be constructed) or as to the identity or nature of any occupants thereof. 19 Little Rock, AR Store #10364 s�yr�3; me r yam~ ` I . Z�l SPECIALTY RETAILER Ai l 15.0110.VARLR 9210 N. RODNEY PARHAM RD. LITTLE ROCK, AR 72227 11 IR C � v .-T 00 6MT- -WoB W zmB m TA* F' D 44ib o TAB Ng z FINAL PLAT OF LOT MR, TOWNE OAKS ADDITION, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS FP