Full List of Prohibited Uses
The covenant prohibits a long list of uses on the Adjoining Property (again, subject to the "notwithstanding existing..." grandfathering). Here's the complete list for reference:
- Theater of any kind
- Bowling alley, skating rink, amusement park, carnival, or circus
- Meeting hall, sporting event or other sports facility, auditorium, or any other like place of public assembly
- Gym or fitness center (exception: one with less than 4,000 rsf — rentable square feet — is allowed)
- Mortuary or funeral parlor
- Establishment selling cars or other motor vehicles, motor vehicle maintenance/repair shop, or gas station (excluding car washes)
- Any establishment selling trailers
- Billiard parlor
- Tavern, pub, bar, or liquor store (with the 50%+ food sales exception noted above)
- Pawn shop
- Amusement center
- Flea market
- Massage parlor
- "Disco" or other dance hall
- Tattoo or body piercing parlor
- Casino, gaming room, or "off-track betting" operation (exception: gambling that is ancillary to an otherwise permitted use)
- Sale of paraphernalia for use with illicit drugs or for the sale of marijuana
- Vape shop
- Sale, rental, or display of pornographic materials
Grandfathering Clause
The restrictions do not apply to:
- Existing leases already in effect
- Existing buildings already constructed on the Adjoining Property
- Businesses already operating prior to Closing
Anything new or changed after closing would need to comply.
What This Likely Means in Practice
If you're the buyer/developer/owner of Lot 3 (or the adjoining parcel), this covenant limits what you (or your tenants) can put on the property to maintain compatibility with the neighboring development.
If you're reviewing this as part of due diligence, key questions to ask:
- What is the exact definition of "Adjoining Property" vs. "Lot 3"?
- Who enforces this (is there a declarant/HOA/adjacent owner with approval rights)?
- Are there reciprocal restrictions on the other parcel?
- How is "gross sales from the sale of food" measured and verified (e.g., audit rights)?
- Does local zoning or alcohol licensing add further layers?
Would you like me to help rephrase this into plain-language tenant guidelines, suggest negotiation points if you're trying to modify it, or analyze how it interacts with a specific proposed use (e.g., a brewery, convenience store with beer/wine, or restaurant)? Just share more context if needed.
