DCPREZ-0000-07360 - Laserfiche WebLink

Home Browse Search

• • 25'72851 V26491 p • 25' SECOND AMENDMENT TO COVENANTS AND RESTRICTIONS WHEREAS, Hwy. 19 Joint Venture, a Wisconsin joint venture (hereinafter, the "Developer"), is the developer of certain real estate described in Exhibit A attached hereto (the "Real Estate"); and WHEREAS, the Developer has caused to be recorded certain conditions,covenants, reservations and restrictions (collectively, the "Covenants") with regard to the Real Estate, said Covenants having been recorded with the Dane County Register of Deeds on October 15, 1991, in Volume 16920 of Records, page 9, as Document Number 2295529; and WHEREAS, the Developer has caused to be recorded an amendment ("First Amendment") to the Covenants with regard to the Real Estate, said First Amendment having been recorded with the Dane County Register of Deeds on July 30, 1993, in Volume 23876 of Records, page 56, as Document No. 2499071; and WHEREAS, the Developer and Interstate Development Joint Venture, a Wisconsin general partnership ("Interstate") are presently the owners of not fewer than ten (10) Lots, as such term is defined in the Covenants; and WHEREAS, the Developer and Interstate desire to amend the Covenants as herein provided, all pursuant to Paragraph 3(b) of the Covenants. NOW, THEREFORE, the Developer and Interstate hereby amend the Covenants as herein provided. 1. The following shall be added to Paragraph 2(c) of the Covenants: "Notwithstanding any other term or condition herein to the contrary, if McDonald's Corporation acquires a Lot to construct thereon a McDonald's restaurant, then for as long as, and provided that, the Lot and improvements are used exclusively for that purpose, Developer approval under this Paragraph 2(c) shall not be required with regard to any modifications, alterations or additions ("Alterations") made by McDonald's Corporation to the improvements initially constructed on the Lot, provided that(i) the initial improvements constructed upon the Lot were approved by the Developer; (ii) the Alterations are in compliance with all other Covenants set forth herein; (iii) the Alterations have been approved, as necessary, by all local governmental bodies or agencies having jurisdiction; and (iv) the Alterations are architecturally consistent with the materials and design of the initial improvements (except that an outdoor McDonald's playland or outdoor patio seating shall not be required to comply with the consistency requirement of this clause [iv])." 2. The following shall be added to Paragraph 3(b) of the Covenants: V^ / I