This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
7. All exterior walls shall be constructed of permanent materials impervious to
deterioration in appearance, such as stone, exposed aggregates, brick, block, pre-cast panels,
concrete, glass, EFIS (exterior finishing insulation systems), or handiplank siding.
8. To the extent permitted by applicable Anti-Terrorism Force Protection (ATFP)
requirements, any service area, facility or equipment located on a side of the Project site which
is adjacent to a public right-of-way is to be enclosed.
9. No landscaping, improvements or structures, whether temporary or permanent
in nature, shall be constructed, commenced or erected on the Property unless and until the
plans, working drawings, specification and materials therefor have been approved in writing by
the City of Newport News, Virginia in all material respects to the extent required by Applicable
Laws (as defined below) and copies thereof have been provided to the Grantor.
10. Gas, electric and other utility services shall be underground to the Project from
the main distribution. No utility line or connection to any utility line at or above ground level shall
be permitted.
11. Only the Grantor shall have the right, power and authority to enforce the foregoing
covenants.
12. The foregoing covenants shall expire twenty (20) years after the date of this
Deed.
Right of Repurchase:
The conveyance is subject to the Grantor’s right of repurchase (“Right of Repurchase”).
Grantor shall have the right to repurchase the Property if Grantee fails to commence construction
of the Project on the Property on or before October 1, 2027 (“Commencement Date”). Should
Grantee fail to commence construction on or before the Construction Commencement Date,
Grantor shall have the right to repurchase the Property from Grantee and Grantee shall return the
Property to Grantor for no consideration and said conveyance shall be free and clear of any liens
or encumbrances.
SIGNATURES ON FOLLOWING PAGE
3Jump to an indexed page (6 of 11)