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Certificate of Occupancy
CITY HALL In§pection Services Div 215 Church Avenue City of Oshkosh PO Box 1130 Oshkosh WI 54903 -1130 OfHKOfH ON THE WATER Approved: July 24, 2003 Issued: July 24, 2003 IHOP Development 450 N Brand Blvd 7 Floor Glendale, CA 91203 CERTIFICATE OF OCCUPANCY An Occupancy Permit is hereby issued for the new 4161 sf restaurant located at 1400 S Koeller Street, Oshkosh, Wisconsin 54902 as described in Building Permit Application number(s) 100114. This building is to be used only as a restaurant and is located in the C -2 General Commercial District and PD Planned Development Overlay. LIMITATIONS: Maximum Floor Loading: Undetermined Slab on Grade Maximum number of persons: 134 Seating Capacity A new Certificate of Occupancy shall be required prior to occupancy, should additional building(s) be erected, or should any buildings mentioned above be altered or moved. The use of land, or buildings, shall not be changed until a Certificate of Occupancy is issued for that occupancy. All conditions noted above must be complied with in order for this certificate to be valid. ti / / / DIRE* O' OF INSPECTI�i SERVICES cc: OTT Development Inc AD /km CITY HALL Inspection Services Div 215 Church Avenue City of Oshkosh PO Box 1130 0 opa Osos w 54903 -1130 hkh l OfHKOIH ON THE WATER Approved: June 27 2003 Issued: June 30 2003 IHOP Development 450 N Brand 7 Floor Glendale, WI 91203 -4415 TEMPORARY CERTIFICATE OF OCCUPANCY A Temporary Certificate of Occupancy is hereby granted for the new 4161 sf restaurant located at 1400 S Koeller Street, Oshkosh, Wisconsin 54902 as described in Building Permit Application number(s) 100114. This building is to be used only as a restaurant and is located in the C -2 General Commercial District and the PD Planned Development Overlay. LIMITATIONS: Maximum Floor Loading: Undetermined Slab on Grade Maximum persons and /or living units: 134 seating capacity NOTE: This temporary occupancy expires on 7/30/03. A new Certificate of Occupancy shall be required prior to occupancy, should additional building(s) be erected, or should any buildings mentioned above be altered or moved. The use of land, or buildings, shall not be changed until a Certificate of Occupancy is issued for that occupancy. All conditions noted above must be complied with in order for this certificate to be valid. �� / /// r� .''1.L L__.. .Ar.AL.If� Dir.ctor of Inspection , ices ,/ Cc: OTT Development Inc AD /km Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building 0 Sign 0 Canopy 0 Fence 0 Raze Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished /Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 [] Projection Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete 0 Floating Slab 0 Pier 0 Other 0 Concrete Block 0 Post 0 Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant.*Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date 7/16/03 Type Re Final Inspector Allyn Dannhoff approved Date/Time requested: Notice Type: Phone Number: Access: Ready Date/Time: Requested By: 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building 0 Sign 0 Canopy 0 Fence 0 Raze } Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished /Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 [l Projection Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete 0 Floating Slab 0 Pier 0 Other 0 Concrete Block 0 Post 0 Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant. *Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date 6/23/03 00:00 AM Type Re Final Inspector Allyn Dannhoff not approved REQUEST LINE. SEE CN - Faxed to Del M. @ 262 - 821 -5441. Date/Time requested: 6/20/03 04:12 PM Notice Type: CC Phone Number: 414 -406 -2380 Access: Open 7am - 4:30pm. Ready Date/Time: 6/20/03 04:12 PM Requested By: OTT DEVELOPMENT INC - Del Nicholser 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 6/27/03 • Type Re Final Inspector Allyn Dannhoff approved w /cond. REQUEST LINE. T.O.P. OK. Issued 6/30/03. Date /me requested: 6/26/03 04:35 PM Notice Type: Phone Number: 414 -406 -2380 Access: He'II be there 7am -4pm. Ready Date/Time: 6/26/03 04:35 PM Requested By: OTT DEVELOPMENT INC - Del 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building 0 Sign 0 Canopy 0 Fence 0 Raze Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished /Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 —] Projection Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete 0 Floating Slab 0 Pier 0 Other 0 Concrete Block 0 Post 0 Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant.*Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date 4/30/03 Type Insulation Inspector Allyn Dannhoff approved OK to rock. Del M advises me that hood shafts can be inspected from roof prior to install of fans. He will arrange for them to be inspected prior to fan installation. Date/Time requested: Notice Type: Phone Number: Access: Ready Date/Time: Requested By: 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 5/8/03 11:00 AM Type Final Inspector Allyn Dannhoff not approved Request Line - enclosure for cooking hood (drywall & framing) - wants this inspection this moming. This works OK. Fryer exhaust duct needs 1 hr shaft or fire wrap. Date/Time requested: 5/7/03 07:19 AM Notice Type: Phone Number: 966 -0002 Access: Ready Datemme: 5/7/03 07:19 AM Requested By: OTT DEVELOPMENT INC - Del Nicholsor 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building ❑ Sign 0 Canopy 0 Fence ❑ Raze j Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished /Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 ❑ Projection Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete ❑ Floating Slab 0 Pier ❑ Other ❑ Concrete Block ❑ Post ❑ Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant. *Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date 4/22/03 Type Re Rough In Inspector AIIyn Dannhoff not approved Request Line (rec'd Friday 4/18/03 @ 1:41 p.m. -City Hall Closed) ASAP. SEE CN. Date/Time requested: 4/21/03 07:00 AM Notice Type: CC Phone Number: 414 -406 -2380 Access: open Ready Date/Time: 4/21/03 07:00 AM Requested By: OTT DEVELOPMENT INC -Del ❑ Reinspect Fee ❑ Fee Waived ❑ Reinspect Fee Paid Date 4/29/03 • Type Insulation Inspector AIIyn Dannhoff not approved REQUEST LINE. Ready late 4/28 or early 4/29. SEE CN. OK to cover walls. Date/Time requested: 4/28/03 07:14 AM Notice Type: CC Phone Number: 920 - 966 -0002 Access: Ready Daternme: 4/28/03 02:30 PM Requested By: OTT DEVELOPMENT INC - Del Nicolson ❑ Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building 0 Sign 0 Canopy 0 Fence 0 Raze Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished/Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 [] Projection Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete 0 Floating Slab 0 Pier 0 Other 0 Concrete Block 0 Post 0 Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant. *Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date 3/20/03 • Type Foundation Backfill Inspector AIIyn Dannhoff no time REQUEST LINE. Tom Sanderfoot( ?) also called in @ 12:01 pm on 3/18/03. Date/Time requested: 3/17/03 03:21 PM Notice Type: Phone Number: 414 -406 -2380 Access: Ready Date/Time: 3/19/03 07:30 AM Requested By: OTT DEVELOPMENT INC - Del mikelson 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 4/10/03 • Type Rough In Inspector AIIyn Dannhoff not approved REQUEST LINE. RI and truss inspection. Not ready - Advise Del to request this prior to insulating /when shell & interior walls are done. Date/Time requested: 4/8/03 10:48 AM Notice Type: Phone Number: 966 - 0002/414 -406 -2380 Access: Open. Ready Date/Time: 4/14/03 07:30 AM Requested By: OTT DEVELOPMENT INC - Del Michaels( 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Building Permit Work Card Job Address 1400 S KOELLER ST Permit Number 0100114 Create Date 3/4/03 Owner IHOP DEVELOPMENT Contractor OTT DEVELOPMENT INC Category 203 - New Amusement, Social, Recreation Type • Building Q Sign Q Canopy Q Fence Q Raze Plan H7 -20 -0203 Zoning Class of Const: Size 67x78 irreg Value $597,071.00 Unfinished/Basement 0 Sq. Finished /Living 4161 Sq. Ft. Garage 0 Sq. Ft. Ft. Rooms 0 Bedrooms 0 Baths 0 ❑ Projection] Stories 1 Height 0 Ft. Canopies 0 Signs 0 Foundation • Poured Concrete Q Floating Slab 0 Pier Q Other Q Concrete Block Q Post Q Treated Wood Occupany Permit Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 1 Use /Nature New 4161 sf restaurant. *Note: Once the Cross Access /Cross Parking Agreement is approved by the City of of Work Oshkosh, a copy of the recorded approved document must be provided to this office within 30 days of City Approval. HVAC Contr Plumbing Contr Electric Contr Inspections: Date • Type Footings Inspector Allyn Dannhoff Request Line Date/Time requested: 3/14/03 08:09 AM Notice Type: Phone Number: 414 -406 -2380 Access: Ready Date/Time: 3/17/03 07:00 AM Requested By: OTT DEVELOPMENT INC -Del Q Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 3/20/03 • Type Footings Inspector Allyn Dannhoff no time • REQUEST LINE. Date/Time requested: 3/17/03 03:21 PM Notice Type: Phone Number: 414 -406 -2380 Access: Ready Date/Time: 3/18/03 07:30 AM Requested By: OTT DEVELOPMENT INC - DEL 0 Reinspect Fee 0 Fee Waived 111 Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner HOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change 0 Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and NC. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date Type Re Final Inspector Kevin Benner no time Date/Time requested: 07/01/2003 07:45 AM Notice Type: Phone Number: Access: Ready Date/Time: 07/01/2003 09:00 AM Requested by: 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date Type Note Inspector 7/24/03 - OK to issue Occupancy per KB. Date/Time requested: Notice Type: Phone Number: Access: Ready Date/Time: Requested by: 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner IHOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change 0 Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and NC. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 06/26/2003 Type Re Final Inspector Kevin Benner not approved Date/Time requested: 06/24/2003 04:39 PM Notice Type: FC Phone Number: 979 -2504 Access: Ready Date/Time: 06/24/2003 04:39 PM Requested by: TOWN & COUNTRY ELECTRIC (Rob) 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 06/30/2003 Type Re Final Inspector Kevin Benner not approved Not Ready Reviewed the corrections with Rob (electrician). Most of the work was completed. Date/Time requested: 06/30/2003 12:50 PM Notice Type: Phone Number: Access: Ready Date/Time: 06/30/2003 01:30 PM Requested by: Del (G.C.) 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner IHOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change° Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Furnace and A/C. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 06/20/2003 Type Final Inspector Kevin Benner not approved REQUEST LINE. CaII him with the results. FCN. Reviewed w/ G.C. Date/Time requested: 06/19/2003 03:46 PM Notice Type: FC Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 06/19/2003 03:46 PM Requested by: TOWN & COUNTRY ELECTRIC - Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 06/25/2003 Type Re Final Inspector Kevin Benner not approved REQUEST LINE. No access, Paving the parking lot Date/Time requested: 06/24/2003 04:39 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 06/24/2003 04:39 PM Requested by: TOWN & COUNTRY ELECTRIC - Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner HOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change ° Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and A/C. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 06/04/2003 Type Underground Inspector Kevin Benner not approved U.G. was completely backfilled, no verification to the depth Date/Time requested: 06/03/2003 00:00 AM Notice Type: Phone Number: Access: Ready Date/Time: 06/04/2003 02:00 PM Requested by: Q Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 06/20/2003 Type Final Inspector Kevin Benner not approved REQUEST LINE. Date/Time requested: 06/17/2003 01:38 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Rob will be present. Ready Date/Time: 06/18/2003 01:30 PM Requested by: TOWN & COUNTRY ELECTRIC - Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner IHOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service Q New Q ChangeQ Temp Q N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and A/C. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 06/03/2003 Type Underground Inspector Kevin Benner not approved Request Line Site Lighting Had not started Date/Time requested: 06/02/2003 03:03 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 06/03/2003 12:00 PM Requested by: TOWN & COUNTRY ELECTRIC -Rob Q Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 06/05/2003 Type Re Rough In Inspector Kevin Benner not approved Above Ceiling Not Ready (temp. wiring, data wiring no clone & needs proper support) Date/Time requested: 06/03/2003 10:30 AM Notice Type: Phone Number: Access: Ready Daternme: 06/05/2003 02:00 PM Requested by: 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner HOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change 0 Temp 0 N/A Type 0 Overhead 0 Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and A/C. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 05/14/2003 Type Service Inspector Kevin Benner approved REQUEST LINE. Faxed to WPS 5/15/03, Mailed 5/27/03 Date/Time requested: 05/12/2003 03:44 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 05/12/2003 03:44 PM Requested by: TOWN & COUNTRY ELECTRIC - Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 06/03/2003 Type Rough In Inspector Kevin Benner not approved Request Line Above Ceiling : Not Ready / reviewed with the E.C. (Rob) DateTme requested: 06/02/2003 03:03 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 06/03/2003 12:00 PM Requested by: TOWN & COUNTRY ELECTRIC -Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner IHOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service IQ New 0 Change() Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Fumace and A/C. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 03/31/2003 Type Re Service Inspector Kevin Benner approved Temporary Service Only Faxed to WPS 3/31/03, Mailed 4/7/03 Datemme requested: 03/31/2003 08:18 AM Notice Type: Phone Number: Access: Ready Date/Time: 03/31/2003 10:00 AM Requested by: 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date 04/25/2003 Type Rough In Inspector Kevin Benner approved Request Line - ready Friday aftemoon Datemme requested: 04/23/2003 03:42 PM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 04 /25/2003 01:00 PM Requested by: TOWN & COUNTRY ELECTRIC -Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Electric Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100287 Create Date 03/19/2003 Owner HOP DEVELOPMENT Contractor TOWN & COUNTRY ELECTRIC Category 642 - Commercial -New Building Wiring Service 0 New 0 Change 0 Temp 0 N/A Type 0 Overhead • Underground 0 N/A Volts 120/208 Circuits 170 Fixtures 135 Amps 800 Switches 6 Receptacles 80 Fee $396.00 ❑ Value $82,000.00 Appliances Range, Dishwasher, Electric Sign, Water Heater, Fan or Blower, Motors, Furnace and NC. Use /Nature COMM/ Wiring for new 4161sf restaurant. of Work Inspections: Date 03/25/2003 Type Temporary Inspector Kevin Benner not approved REQUEST LINE. The top of the pole is only 16' in a public parking lot. Called Rob, he mentioned that Byron Wallace from WPS Said that 15.5' is all he needed. I called Byron, waiting retum call. Date/Time requested: 03/24/2003 10:01 AM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 03/24/2003 10:01 AM Requested by: TOWN & COUNTRY ELECTRIC - Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid Date Type Underground Inspector Kevin Benner Request Line (rec'd 3/26/03 @ 4:40 pm) Date/Time requested: 03/27/2003 07:00 AM Notice Type: Phone Number: 920 - 979 -2504 Access: Ready Date/Time: 03/27/2003 07:00 AM Requested by: TOWN & COUNTRY ELECTRIC -Rob 0 Reinspect Fee 0 Fee Wavied ❑ Reinspect Fee Paid HVAC Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100975 Create Date 04/22/2003 Owner IHOP DEVELOPMENT Contractor CONDITIONED AIR DESIGN INC Category 512 - Ind. & Comm -Both Plan Fuel III Gas ✓ Oil 111 Electric 1 1 Solar Solid Value $31,350.00 System 0 New I ❑ Replace 1 E] Other u Forced Air U Radiant U Steam L✓J NC u Vent Electric u Hot Water u Suppl. U Con. Bumer Chimney Type 0 Chimney A 0 Chimney B 0 Direct Vent • Not Applicable Heat Loss 0 As Approved 0 Existing 0 Not Applicable Value 0 BTU Rate 0 As Per Plan 0 Variable 0 Other Value Use /Nature HVAC and Exhaust Hood system for new restaurant of Work Inspections: Date 6/27/03 Type Reinspect Inspector Allyn Dannhoff approved w /cond. �7.O.P. Approved. Issued on 6/30/03. I Date/Time requested: Notice Type: Phone Number: Access: Ready DateTme: Requested By: 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 7/16/03 Type Reinspect Inspector Allyn Dannhoff approved Date/Time requested: Notice Type: Phone Number: Access: Ready Date/Time: Requested By: 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid HVAC Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100975 Create Date 04/22/2003 Owner IHOP DEVELOPMENT Contractor CONDITIONED AIR DESIGN INC Category 512 - Ind. & Comm -Both Plan Fuel 111 Gas 11 Oil 11 Electric 1 Solar I U Solid Value $31,350.00 System 0 New [f Replace ® Other [✓ Forced Air ❑ Radiant U Steam u NC ❑ Vent J Electric U Hot Water ❑ Suppl. ❑ Con. Bumer Chimney Type 0 Chimney A 0 Chimney B 0 Direct Vent • Not Applicable Heat Loss • As Approved 0 Existing 0 Not Applicable Value 0 BTU Rate • As Per Plan 0 Variable 0 Other Value Use /Nature HVAC and Exhaust Hood system for new restaurant of Work Inspections: Date Type Rough In Inspector Allyn Dannhoff (Request Line Date/Time requested: 05/08/2003 03:33 PM Notice Type: Phone Number: 414 - 546 -2020 x110 Access: Ready Date/Time: 05/08/2003 03:33 PM Requested By: CONDITIONED AIR DESIGN INC 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Date 6/23/03 Type Final Inspector Allyn Dannhoff not approved REQUEST LINE. See CN. Date/Time requested: 06/13/2003 11 :22 AM Notice Type: CC Phone Number: 414 - 546 -2020 Access: Ready Date/Time: 06/13/2003 11:22 AM Requested By: CONDITIONED AIR DESIGN INC 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid L Plumbing Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100365 Create Date 03/24/2003 Owner IHOP DEVELOPMENT Contractor OGDEN PLUMBING Category 440 - Industrial- Interior Plan Value $39,000.00 Bathtub 0 Shower 0 Ejector /Grind 0 Dip Well 2 F Prep Sink 1 Gar Drain 0 Whirlpool 0 Floor Drain 9 Water Softner 0 Drink Ftn 0 Sery Sink 1 Soda Disp 2 Lavatory 4 Lndry Tray 0 Local Waste 3 Wait. St. 0 Shamp Sink 0 Coffee Maker 0 Toilet 3 Lndry Stndp 0 Clothes Wshr 0 Ice Chest 3 Flr/Wst Sink 9 Int Grease Trap 0 Res. Sink 0 Disposal 0 Bidet 0 Exam Sink 0 Catch Basin 0 Ext Grease Trap 0 Bar Sink 0 Dishwasher 1 Beer Tap 0 Sculry Sink 1 Wash Ftn 0 Water Heater 1 Sump Pump 0 Dent. Oper. 0 Hand Sink 6 Urinal 1 Site Drain 0 Classrm Sink 0 Lab Sink 0 Plaster Sink 0 Standp Rec 0 Roof Drain 4 Break= Sink 0 Sterilizer 0 Surgeons Sink 0 Ice Maker 0 Use /Nature NEW IHOP RESTAURANT of Work Size Material Type # Conn.Type Sanitary Sewer 0 0 0 0 0 Storm Sewer 0 0 0 0 0 Water Service 0 0 0 0 0 Date Type Note Inspector 7/24/03 - OK to issue Occ. per CC. Date/Time requested: Notice Type: Telephone Number: Access: Ready Date/Time: Requested By: 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Plumbing Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100365 Create Date 03/24/2003 Owner IHOP DEVELOPMENT Contractor OGDEN PLUMBING Category 440 - Industrial- Interior Plan Value $39,000.00 Bathtub 0 Shower 0 Ejector /Grind 0 Dip Well 2 F Prep Sink 1 Gar Drain 0 Whirlpool 0 Floor Drain 9 Water Softner 0 Drink Ftn 0 Sery Sink 1 Soda Disp 2 Lavatory 4 Lndry Tray 0 Local Waste 3 Wait. St. 0 Shamp Sink 0 Coffee Maker 0 Toilet 3 Lndry Stndp 0 Clothes Wshr 0 Ice Chest 3 FIr/Wst Sink 9 Int Grease Trap 0 Res. Sink 0 Disposal 0 Bidet 0 Exam Sink 0 Catch Basin 0 Ext Grease Trap 0 Bar Sink 0 Dishwasher 1 Beer Tap 0 Sculry Sink 1 Wash Ftn 0 Water Heater 1 Sump Pump 0 Dent. Oper. 0 Hand Sink 6 Urinal 1 Site Drain 0 Classrm Sink 0 Lab Sink 0 Plaster Sink 0 Standp Rec 0 Roof Drain 4 Breakrm Sink 0 Sterilizer 0 Surgeons Sink 0 Ice Maker 0 Use /Nature NEW IHOP RESTAURANT of Work Size Material Type # Conn.Type Sanitary Sewer 0 0 0 0 0 Storm Sewer 0 0 0 0 0 Water Service 0 0 0 0 0 Date 6/20/03 Type Final Inspector WJ (Chip) Callies not approved SEE CORR NOTICE Date /me requested: 6/20/03 08:39 AM Notice Type: Telephone Number: Access: Ready Date/Time: 6/20/03 08:39 AM Requested By: OGDEN PLUMBING 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid { Plumbing Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100365 Create Date 03/24/2003 Owner IHOP DEVELOPMENT Contractor OGDEN PLUMBING Category 440 - Industrial- Interior Plan Value $39,000.00 Bathtub 0 Shower 0 Ejector /Grind 0 Dip Well 2 F Prep Sink 1 Gar Drain 0 Whirlpool 0 Floor Drain 9 Water Softner 0 Drink Ftn 0 Sery Sink 1 Soda Disp 2 Lavatory 4 Lndry Tray 0 Local Waste 3 Wait. St. 0 Shamp Sink 0 Coffee Maker 0 Toilet 3 Lndry Stndp 0 Clothes Wshr 0 Ice Chest 3 FIrIWst Sink 9 Int Grease Trap 0 Res. Sink 0 Disposal 0 Bidet 0 Exam Sink 0 Catch Basin 0 Ext Grease Trap 0 Bar Sink 0 Dishwasher 1 Beer Tap 0 Sculry Sink 1 Wash Ftn 0 Water Heater 1 Sump Pump 0 Dent. Oper. 0 Hand Sink 6 Urinal 1 Site Drain 0 Classrm Sink 0 Lab Sink 0 Plaster Sink 0 Standp Rec 0 Roof Drain 4 Breakrm Sink 0 Sterilizer 0 Surgeons Sink 0 Ice Maker 0 Use /Nature NEW IHOP RESTAURANT of Work Size Material Type # Conn.Type Sanitary Sewer 0 0 0 0 0 Storm Sewer 0 0 0 0 0 Water Service 0 0 0 0 0 Date 3/26/03 Type Underground Inspector WJ (Chip) Callies approved DateTme requested: 3/26/03 09:25 AM Notice Type: Telephone Number: Access: Ready Date/Time: 3/26/03 09:25 AM Requested By: OGDEN PLUMBING -RALPH 0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid Plumbing Permit Work Card Job Address 1400 S KOELLER ST Permit Number 100365 Create Date 03/24/2003 Owner IHOP DEVELOPMENT Contractor OGDEN PLUMBING Category 440 - Industrial - Interior Plan Value $39,000.00 Bathtub 0 Shower 0 Ejector /Grind 0 Dip Well 2 F Prep Sink 1 Gar Drain 0 Whirlpool 0 Floor Drain 9 Water Softner 0 Drink Ftn 0 Sery Sink 1 Soda Disp 2 Lavatory 4 Lndry Tray 0 Local Waste 3 Wait. St. 0 Shamp Sink 0 Coffee Maker 0 Toilet 3 Lndry Stndp 0 Clothes Wshr 0 Ice Chest 3 Flr/Wst Sink 9 Int Grease Trap 0 Res. Sink 0 Disposal 0 Bidet 0 Exam Sink 0 Catch Basin 0 Ext Grease Trap 0 Bar Sink 0 Dishwasher 1 Beer Tap 0 Sculry Sink 1 Wash Ftn 0 Water Heater 1 Sump Pump 0 Dent. Oper. 0 Hand Sink 6 Urinal 1 Site Drain 0 Classrm Sink 0 Lab Sink 0 Plaster Sink 0 Standp Rec 0 Roof Drain 4 Breakrm Sink 0 Sterilizer 0 Surgeons Sink 0 Ice Maker 0 Use /Nature NEW IHOP RESTAURANT of Work Size Material Type # Conn.Type Sanitary Sewer 0 0 0 0 0 Storm Sewer 0 0 0 0 0 Water Service 0 0 0 0 0 Date 3/25/03 Type Underground Inspector WJ (Chip) Callies approved PARTIAL Date/Time requested: 3/25/03 09:22 AM Notice Type: Telephone Number: Access: Ready Date/Time: 3/25/03 09:22 AM Requested By: OGDEN PLUMBING -RALPH 0 Reinspect Fee 0 Fee Waived 111 Reinspect Fee Paid Dannhoff, AIIyn J. From: Tucker, Matt W Sent: Friday, March 07, 2003 8:46 AM To: Dannhoff, Allyn J. Subject: IHOP Cross Access Agreement Allyn- ! have a copy of the cross - access agreement between Shoko /IHOP, but will be unable to review it within the next few days. I have spoken to Warren about the document, and he wants me to review it before he looks at it. Also, I have received assurances from Del Michelson /John Baker that they will get the agreement approved and recorded in the next few weeks. Considering this, it would be reasonable to issue the building permit at this time, with a contingency that the cross parking /access agreement get resolved /recorded immediately MATT TUCKER Associate Planner, Department of Community Development City of Oshkosh, Wisconsin 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903 -1130 Phone: (920) 236 -5062 Fax: (920) 236 -5053 <mtuckere.ci.oshkosh.wi.us> Website: <http: / /www.ci.oshkosh.wi.us> 1 CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh 1�I OJHKOIH September 5, 2002 Mr. Ron Rosete Chipman Adams Ltd. 1550 N. Northwest Hwy Park Ridge, IL 60068 Re: Proposed International House of Pancakes Development on S. Koeller St. North of Menard Dr. Dear Mr. Rosete: Since the proposed development is less than one (1) acre, and storm water runoff will not increase because of the existing impervious surface, on -site detention will not be required. However, please provide for us a grading plan that shows how proposed surface runoff will be directed. If you have any questions, please feel free to call me at (920) 236 -5065. Sincerely, Steve Di er Civil Engineer I cc: David C. Patek, Director of Public Works Ed Potempa, Civil Engineer II L rlyn Dannhoff, Chief Building Inspector Matt Tucker, Assistant Planner CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin City of Oshkosh 54903 -1130 OJHKO/ H September 13, 2002 Mr. Ron Rosete Chipman Adams Ltd. 1550 N. Northwest Hwy Park Ridge, IL 60068 Re: Propose. • -- -- : tional House of Pancakes Development on S. Koeller St. North Dear Mr. ' ose e: I recently completed a review of the plans you submitted to our office on Tuesday, September 10, 2002. I have made red -line comments to these plans which I have enclosed to assist you in preparing final plans. Please see that these issues and concerns are addressed and revised plans submitted so that final approval can be obtained. If you have any questions, please feel free to call me at (920) 236 -5065. ,.___),..,_ Sincerely, 64/ Steve Dittmer Civil Engineer I SD/kcd cc: David C. Patek, Director of Public Works Ed Potempa, Civil Engineer II ' -Kllyn Dannhoff, Chief Building Inspector Darryn Burtch, Principal Planner Lea Tucker, Matt W From: Tucker, Matt W Sent: Monday, March 03, 2003 12:44 PM To: 'RobbPomis @chipmanadams.com' Cc: Dannhoff, Allyn J. Subject: RE: ihop -trash enclosure Robb - Either of the two refuse disposal area door designs would be acceptable. I assume the door will be painted to match the brick or some other dominant building material color. Matt Tucker Original Message From: RobbPomis @chipmanadams.com [mailto :RobbPomis @chipmanadams.com] Sent: Friday, February 28, 2003 2:29 PM To: mtucker @ci.oshkosh.wi.us; jgrahl @ottdevelopment.com Subject: ihop -trash enclosure Matt, I have been informed that you are looking for some more information regarding the appearance of the Trash Enclosure for the IHOP Project. Attached are (2) examples that we have used in the past. One is constructed of a beige color split face block, and the other is constructed of a rust color face brick. The brick example is very similar to what we have proposed for the Oshkosh site Please let me know whether or not these photos provide some clarification. If you have any further questions or comments , please feel free to call me (See attached file: P0008873.JPG)(See attached file: DCP_0008.JPG) Robb Pomis Project Associate Chipman Adams Ltd. 1550 N. Northwest Hwy. Park Ridge, IL. 60068 ph: 847 - 298 -6900 fax: 847 - 298 -6966 rpomis @ca- ltd.com 1 � y r 4 d`�`�" ' ?$r'zar, "'''k" � i ,,,'` ° 5 r o ux" r i.2 '0wva. � �F �� v �2 � 3 it s s � �§ 1Nn � � u� i �"� a � ',� a�� a F�� a` ��� v a st� �� "a a C � Foy 4 r 1 a I I �bf � r� r ��' € �'�� u�.��'� � �� � �$ �FW �, q w.ff� 4 �+ � Y x,� � �� � a ,?, t „� :.. ,:h' N r ,, '. i t , ' ' '''' ::1 '"'''''''''''''''Y'..',: ; ':. ' `' s x a � ' �- , r dF 'n+�� ?: ': l v ri4 ��" £ 54 a 4 ,r thN �..� F` rr A S r ,' t ,', $ / w . q as , w 3 , " � i t Pdtt L Y�hf 4 : , , , 4 ` , 2" e , W az;. Y it � fi , ,�, ;} 0 ar n x x w , t x a a F� w i t '' � � � � t �W F� M k s t q of F ' n �y � r F ? ka . ' V rtuCSt a rf Y Y * as, --- . ,,,..., , r 'r f' Y ' +. u ae a }. : `gut y R fa § w" '; t d f imil# ' I 1 4 ,.,t, 0.,„.,„ .... : �r ` Safety and Buildings 1340 E GREEN BAY ST STE 300 SHAWANO WI 54166 TDD #: (608) 264 -8777 V ; sconsin www.commercestate.wi.usisb www.wisconsin.gov Department of Commerce James E. Doyle, Governor January 06, 2003 CUST ID No.272034 ATTN.• Buildings & Structures Inspector JOHN CHIPMAN BUILDING INSPECTION CHIPMAN ADAMS LTD CITY OF OSHKOSH 1550 N NORTHWEST HIGHWAY POB 1130 PARK RIDGE IL 60068 OSHKOSH WI 54902 CONDITIONAL APPROVAL PLAN APPROVAL EXPIRES: 01/06/2005 Identification Numbers Transaction ID No. 813070 SITE: Site ID No. 650296 IHOP Restaurant Please refer to both identification numbers, Koeller St & Menard Dr Hwy 41 above, in all correspondence with the agency. City of Oshkosh Winnebago County FOR: Description: IHOP Restaurant Object Type: Building ICC Regulated Object ID No.: 882478 Major Occupancy: Assembly; Type VB Combustible Unprotected Class of Construction; New Plan; 4,161 Project Sq Ft; Unsprinklered; Occupancy: A -2 Dining & Drinking; Component Included In This Transaction: Lighting, HVAC ICC Description: IHOP Restaurant Object Type: HVAC ICC System Regulated Object ID No.: 882479 Smoke Detection System The submittal described above has been reviewed for conformance with applicable Wisconsin Administrative Codes and Wisconsin Statutes. The submittal has been CONDITIONALLY APPROVED. The owner, as defined in chapter 101.01(10), Wisconsin Statutes, is responsible for compliance with all code requirements. The following conditions shall be met during construction or installation and prior to occupancy or use: • Comm 61.36(1)(a) & (b) This approval will expire 2 years after the date of this letter if the building shell is not closed in within those 2 years. Also, this approval will expire 3 years after the date of this letter if the work covered by this approval is not completed and the building ready for occupancy within those 3 years. A copy of the approved plans, specifications and this letter shall be on -site during construction and open to inspection by authorized representatives of the Department, which may include local inspectors. All permits required by the state or the local municipality shall be obtained prior to commencement of construction /installation/operation. In granting this approval the Division of Safety & Buildings reserves the right to require changes or additions should conditions arise making them necessary for code compliance. As per state stats 101.12(2), nothing in this review shall relieve the designer of the responsibility for designing a safe building, structure, or component. Inquiries concerning this correspondence may be made to me at the telephone number listed below, or at the address on this letterhead. Si cerely, Fee Required $ 590.00 tWo4r7;0014.----' Fee Received $ 590.00 Balance Due $ 0.00 Adam S Muliawan Engineering Consultant , Integrated Services WiSMART'code: 7648 (715)526 -9019 , M -F 7:45 -4:30 amuliawan@commerce.state.wi.us cc: Peter R Ochs , Building Inspector, (920) 948 -3500 , Friday, 7:45 A.M. - 4:30 P.M. IHOP Corporation Safety and Buildings 1340E GREEN BAY ST STE 300 SHAWANO WI 54166 TDD #: (608) 264 -8777 IsconsIn www.commerce.state.wi.us /sb www.wisconsin.gov Department of Commerce Jim Doyle, Governor Cory L. Nettles, Secretary November 07, 2003 CUST ID No.272034 ATTN.• Buildings & Structures Inspector JOHN CHIPMAN BUILDING INSPECTION CHIPMAN ADAMS LTD CITY OF OSHKOSH 1550 N NORTHWEST HIGHWAY POB 1130 PARK RIDGE IL 60068 OSHKOSH WI 54902 COMPONENT RECEIVED Identification Numbers Transaction ID No. 941600 SITE: Site ID No. 650296 Ihop Restaurant alide, S KO-e_ Please refer to both identification numbers, Koeller St & Menard Dr Hwy 41 above, in all correspondence with the agency. City of Oshkosh Winnebago County FOR: Object Type: Truss, Roof Regulated Object Ill No.: 930857 The department has received the above component plan indicated as being reviewed for compliance with the general . design concept and submitted by the building designer named above. The Department has filed the plans and other related documents. The department will rely on, and hold responsible, the building design professional and/or supervising professional of record for compliance with the rules. The responsible professional should particularly insure that proper loads and fire resistive rating have been incorporated to correspond to the building design. Particularly insure: proper dead and live loading, including snow drift loading increases, unbalanced loads, equipment loads, proper bearing/supports, concentrated loads etc, are properly conveyed to foundations; and that required fire ratings have been employed. The submitted materials have not been reviewed by the Department for compliance with all applicable administrative rules. The department reserves the right to formally review the plans in the future if the department determines that such a review is warranted, and to order corrective actions with respect to the outcome of that review. A copy of the plan that is identical to the plan submitted for our file shall be available for inspection at the job site. When the total building volume exceeds 50,000 cubic feet, the plan shall bear an indication of review that has been signed or initialed by the building designer of record. Inquiries concerning this correspondence may be made to me at the telephone number listed below, or at the address on this letterhead. Please refer to Transaction ID No. referred to in the regarding line when making an inquiry or submitting additional information. Sincerely, Fee Required $ 100.00 Fee Received $ 100.00 Balance Due $ 0.00 Cheryl A Wojan Customer Service Representative , Integrated Services WiSMART code: 7648 (715)524 -3627 , M -f 7:45 am - 4:30 pm cwojan@commerce.state.wi.us g ) Name TSI Date Received 11/07/2003 OSHKOSH Address 0 - 0 ON THE WATER Job Address 2059 -2087 WITZEL AVE Plan Approval Number 914 Date Approved 11/07/2003 Plan J5-106 -1003 Fee Total $460.00 HVAC (242001 -100 -0750 - 4377 -00000) Check # Cash Amount Received Received By Date CORRECTION NOTICE / FIELD INSPECTION REPORT JOB LOCATION: 1i.00 S. koe,Gr City of Oshkosh Inspection Services Division CONTRACTOR: 07" etreleC�kt+ " � 215 Church Avenue, PO Box 1130 / Oshkosh, WI 54903 -1130 PROJECT TO BE INSPECTED: /L a~ 9 i- Phone: (920) 236 -5050 Fax (920) 236 -5084 TYPE OF INSPECTION: it-.rt rAtIu f Violations must be corrected and approved within 30 days unless otherwise noted. Call for re- inspections prior to concealment and/or occupancy. Upon completing the corrections, the owner /contractor /agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of INSPECTION l .. C.e So n 4'74 n e e at t- biYlr % ∎ Z. �10 r`r fir- Pa j ie t Sb eat P 6.e0, / fe'fl' X 4,2,,.s4' �S-/` ert# rib r- `lam )4 1 l itnraKe en mC Cer/. *„ / / ...m C L a...r .. _ 0 Not Approve' i Insp. eport le ' n st Approved/ Insp. Report given to '► • _A O Mailed/Faxed _. % rte - pection Servic , ivision D to of pection Phone # Print Name Company Signature: Date 0 INSPECTION SERVICES DIVISION CITY OF OSHKOSH DEPARTMENT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE OSHKOSH Room 205 PO Box 1130 ON THE WATER CORRECTION NOTICE OSHKOSH WI 54903 -1130 Issue Date 4/22/03 Compliance Date 5/22/03 IMMEDIATELY Compliance No Address 1400 S KOELLER ST Inspected By Allyn Dannhoff 236 -5045 Name Address City State Zip Code Sent to u Owner IHOP DEVELOPMENT 450 N BRAND 7TH FLOOR GLENDALE CA 90213 -1903 Li Contractor OTT DEVELOPMENT INC 16281 W LINCOLN AVE NEW BERLIN WI 53151 -0000 Li Other _ 0 -0000 U Inspector Li Required for Occupancy Occupancy Commercial Notice p First • Final 0 Other Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and /or occupancy. Upon completing the corrections, the owner /contractor /agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 5/22/03 Introduction Inspection on 4 -22 -03 revealed the following to be addressed. Item Code 7-43 Compliance No Compliance Date 05/22/2003 IMMEDIATELY Desc tion AC installation has commenced prior to securing the required permit. Item A Code Comm 62.716.2 Compliance No Compliance Date 05/22/2003 IMMEDIATELY Desc ' tion eblock the intersection of stud spaces and the drop framed ceilings. Item # 3 Code COMM Compliance No Compliance Date 05/22/2003 IMMEDIATELY Des 'ption The Tyvek behind the masonry veneer shall not be compromised. Some areas are ripped, tom and missing, exposing the wood sheeting to the annular space behind the veneer. Item 4 Code COMM 62.2304.9 Compliance No Compliance Date 05/22/2003 Descn tion I drop ceiling joists shall be supported by joist hangars unless the nailing is approved by the supervising professional. Item # 5 Code Comm 62.707 Compliance No Compliance Date 05/22/2003 Description The rated shafts for the exhaust hood duct work shall be installed with tightly fitted sheetrock and taped. The interior sheetrock was not tightly fitted. (Workmanship.) Post -it® Fax Note 7671 Date 1l�� # of ♦ pages z Co. /Dept. , Co. Phone # Phone # Fax # - tl 000 2- Page 1 of 2 0 INSPECTION SERVICES DIVISION CITY OF OSHKOSH DEPARTMENT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE OSHKOSH Room 205 PO Box 1130 ON THE WATER CORRECTION NOTICE OSHKOSH WI 54903 -1130 Issue Date 4/22/03 Compliance Date 5/22/03 IMMEDIATELY Compliance No Address 1400 S KOELLER ST Inspected By Allyn Dannhoff 236 -5045 Name Address City State Zip Code Sent to u Owner IHOP DEVELOPMENT 450 N BRAND 7TH FLOOR GLENDALE CA 90213 -1903 u Contractor OTT DEVELOPMENT INC 16281 W LINCOLN AVE NEW BERLIN WI 53151 -0000 Li Other 0 -0000 11 Inspector U Required for Occupancy Occupancy Commercial Notice p First • Final O Other Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and/or occupancy. Upon completing the corrections, the owner /contractor /agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 5/22/03 Introduction Inspection on 4 -22 -03 revealed the following to be addressed. Item # 6 Code Comm 64.506.3.13.1 &3 Compliance Not Checked Compliance Date 05/22/2003 Description Exhaust hood outlets shall terminate at least 40" above the roof surface. The parapets shall not be higher than the fan discharge opening for these exhaust outlets. Summary These must be corrected prior to the insulation inspection. The HVAC permit shall be addressed immediately. DEFICIENCIES M : BE CO- - ECTE i AND APP D FORE CONCEALMENT. CALL (920) 236 - 5050 FOR INSPECTION. Signature /// 0 , / / Date 'T zi I hereby -rtify the iolations listed o is report have been corrected in compliance with the applicable codes. Print Name Company Signature Date Page 2 of 2 Flpr 25 03 06:10a OTT Development Co. p.l 1 16281 West Lincoln Avenue New Bedin, WI 53151 262-8214821 Office Ott Development Inc. 262. 821 -5411 Fax Fa)( , • A mow • Plain _ is 6 Z Data a s Q 3 Res D e- lament ror Koslow 0 Please Comment 0 Please Reply 0 Send Proposal • Comments; Apr 25 03 06:11a OTT Development Co. p• 04 24 103 08:31 8472987815 « IP PAGE 02/02 H P M A ^4 A D A M S l) A R C N 1 T 1 c T S 1500 NORM NORTNWEST NIONWOV 0,0014 RIOGE I1t1NQi$ 00066.1463 T 94? 296 6900 F 6 <7 29e 6966 hOo://www.4 April 24, 2.003 City of Oshkosh, Wi Building I inspections Dept, RE: IHOP Roder St., & Menord Rd.. Oshkosh, WI Building Inspections: Mr. Dell Micholson. on -site superintendent with Ott Development, hos informed our office earlier this week about questions brought up during framing inspections with regords to methods used in securing ceiling framing for both men's and women's restrooms, it is to my knowledge that 2x8 framing members have been secured to a 2x ledger board using (toe - nailing) noiling methods with o total of 8 nails. 13 on each side, and 1 each thru top and bottom of joist). After further review from our Consulting Structural Engineer. R 1 Inhnson Associates, the noising methods used. proves to be adequate for supporting a 5/8" gypsum board ceiling for which it is intended. Please feel free to contact me with any further questions or concerns that you moy have. Thank you for your time and consideration to this project. Sincerely. C;HIPMAN ADAMS LTD. Or IP firp.;-- Robb J. • orrlis Project Associate File 02 -3100 0 INSPECTION SERVI ES DIVISION CITY OF OSHKOSH DEPARTMENT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE OSHKOSH Room 205 PO Box 1130 ON THE WATER CORRECTION NOTICE OSHKOSH WI 54903 -1130 Issue Date 6/23/03 Compliance Date 7/23/03 IMMEDIATELY Compliance No Address 1400 S KOELLER ST Inspected By Allyn Dannhoff 236 -5045 Name Address City State Zip Code Sent to U Owner IHOP DEVELOPMENT 450 N BRAND 7TH FLOOR GLENDALE CA 90213 -1903 U Contractor OTT DEVELOPMENT INC 16281 W LINCOLN AVE NEW BERLIN WI 53151 -0000 Li Other 0 -0000 Li Inspector u Required for Occupancy Occupancy Commercial Notice 0 First 0 Final 0 Other Violations must be corrected and approved within 30 days unless otherwise noted. CaII for reinspections prior to concealment and /or occupancy. Upon completing the corrections, the owner /contractor /agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 7/23/03 Introduction Final inspection on 6 -23 -03 revealed the following items to address. Item # 1 Code City Compliance No Compliance Date 07/23/2003 Descrip 'on 30- 36(C)(3)(a) Parking lots shall be paved to meet minimum Zoning Standards. Z Item # 2 Code City Compliance No Compliance Date 07/23/2003 Description 30 - 36(C )(3)(g) Parking stalls shall be striped. Item # 3 Code State Compliance No Compliance Date 07/23/2003 Description COMM 62.1110(1)(b)1. Accessible parking shall be identified with a sign complying with sign requirements specified in sec. Trans 200.07. •z Item # 4 Code State Compliance No Compliance Date 07/23/2003 Descri • '. OMM 65.0400, NFPA 54. Gas appliances on casters shall be secured with a chain or cable shorter than the gas line to prevent stress /strain on the gas line connection. / a7/oo / Item # 5 Code State Compliance No Compliance Date 07/23/2003 Description Comm 61.50(4) The Supervising Professionals shall submit Building, Lighting and HVAC Compliance Statements. Page 1 of 2 INSPECTION SERVICES DIVISION CITY OF OSHKOSH 10 DEPARTMENT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE OSHKOSH Room 205 PO Box 1130 ON THE WATER CORRECTION NOTICE OSHKOSH WI 54903 -1130 Issue Date 6/23/03 Compliance Date 7/23/03 IMMEDIATELY Compliance No Address 1400 S KOELLER ST Inspected By Allyn Dannhoff 236 -5045 Name Address City State Zip Code Sent to 6 Owner IHOP DEVELOPMENT 450 N BRAND 7TH FLOOR GLENDALE CA 90213 -1903 I✓f Contractor OTT DEVELOPMENT INC 16281 W LINCOLN AVE NEW BERLIN WI 53151 -0000 Li Other 0 -0000 Li Inspector LJ Required for Occupancy Occupancy Commercial Notice 0 First • Final 0 Other 1 Violations must be corrected and approved within 30 days unless otherwise noted. CaII for reinspections prior to concealment and /or occupancy. Upon completing the corrections, the owner /contractor /agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 7/23/03 Introduction Final inspection on 6 -23 -03 revealed the following items to address. Item # 6 Code State Compliance No Compliance Date 07/23/2003 Descri ' M 62.1100 Bathrooms shall be labeled for sex and handicap accessibility. Water Closet stalls must be provided with privacy hardware (which must also meet accessibility requirements.) Z1 Z70 /1-A Item # 7 Code City Compliance No Compliance Date 07/23/2003 _ Description 30 -36 Proof of recording the Cross Access Agreement shall be provided. The dumpster gates shall be painted. Summary Items 4 & 6 must be completed prior to approval of occupancy. CaII for reinspection when ready. DEFICIENCIES I": E CO ECT D AND APPR• ( D B,' • E CONCEALMENT. CALL (920) 236 -5050 FOR INSPECTION. Signature H� C (Nld'� Date ( ' b I hereby = h e violations listed on thi / ort have been corrected in compliance with the applicable codes. Print Name Company Signature Date Page 2 of 2 07/02/2003 08:07 8472987015 CHIP PAGE 02 Buildings - ompliance Statement This form is required to be submitted by the s• - mg professional (architect, engineer, HVAC designer or electrical designer) observing construction of projects within buildings with total areas 50,000 cubic feet or greater and bleachers (Comm 50.10 /Comm 61.50). Failure to submit this form may result in penalties as specified in Comm 50.26 /Comm 61.23 and /or local ordinances. General Instructions: Prior to the initial occupancy of new buildings or additions and the final occupancy of altered existing buildings, submit this completed and signed form to: • The municipal building inspection office ami • Safety and Buildings, 10541 N Ranch Road Hayward, Wi. 54843 Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04 (1)(m)]. 1. PROJECT INFORMATION: Please fill in the following with information from your plan approval letter. Transaction ID Number S13OTe) Site Number 105021C Site location (number & street) MOO 6. lit City ❑ Village ❑ Town of 05ff I 'OS 1 County of W 9 NL1 E 584O 2. PURPOSE OF THIS STATEMENT: (Check Box A, B, C, or D to indicate purpose and complete any other applicable boxes and information. Attach additional pages if necessary.) te e'' Check those which apply: ❑ Building Object ID # M2.4 KVAC Object ID # 882411 ❑ Lighting Object ID # 0 ❑ Partial Completion Description of Portion Completed A) 'Statement of Substantial Compliance To the best of my knowledge, belief, and based on onsite observation, construction of the following budding and /or HVAC items applicable to this project have been completed in substantial compliance with the approved plans and specifications. ❑ BUILDING/LIGHTING ITEMS 1. Structural system including submittal and erection of all building components 10. Exterior lighting & control requirements (trusses, precast, metal building, etc.) 11. Interior lighting & control requirements 2. Fire protection systems (sprinklers, alarms, smoke detectors) designed, 12. All conditions of lighting plan approval installed, and tested (including forward flow on back flow devices) by and applicable variances appropriately registered professionals 3. Shaft and stairway enclosure 4. Exits including exit and directional lights 5. Fire - resistive construction, enclosure of hazards, fire walls, labeled doors, class >fA�/AC ITEMS of construction, fire stopped penetrations 6. Sanitation system (toilets, sinks, drinking facilities) 1. HVAC system including final test 7. Barrier -free including Comm 18 elevators and lifts 2. All conditions of HVAC plan approval and 8. Energy envelope requirements applicable variances 9. All conditions of building plan approval and applicable variances The following items are not In compliance and must be addressed: B) ❑ Statement of Noncompliance Due to the following listed violations, this project is not ready for occupancy: C) ❑ Supervising Professional Withdrawn From Project (Use A or B above to indicate project status as of thls date.) D) ❑ Protect Abandoned 3. SUPERVISING PROFESSIONAL SIGNATURE FOR: ❑ Building Il�VAC ❑ Lighting Date — -O 4q. $ig :Too . Name (please print or type) Phone number © S Customer ID # 4,63 . 124 Signature , , / SBD -9720 (R.01/2002) Buildings, HVAC, Compliance Statement This form is required to be submitted by the supervising professional (architect, engineer, HVAC designer or electrical designer) observing construction of projects within buildings with total areas 50,000 cubic feet or greater and bleachers (Comm 50.10 /Comm 61.50). Failure to submit this form may result in penalties as specified in Comm 50.26 /Comm 61.23 and /or local ordinances. General Instructions: Prior to the initial occupancy of new buildings or additions and the final occupancy of altered existing buildings, submit this completed and signed form to: • The municipal building inspection office and • Safety and Buildings, 10541 N Ranch Road Hayward, Wi. 54843 Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04 (1)(m)]. 1. PROJECT INFORMATION: Please fill in the following with information from your plan approval letter. Transaction ID Number -1 -o • — Site Number 6,5D,27L (S Site location (number & street) ik2 ELLEN 9RaJ'' si M 1/1 City ❑ Village ❑ Town of C'*5#k ?SN County of WiAltheiSA60 2. PURPOSE OF THIS STATEMENT: (Check Box A, B, C, or D to indicate purpose and complete any other applicable boxes and information. Attach additional pages if necessary.) Check those which apply: i ilding Object ID # 4_ ❑ HVAC Object ID # �— ghting Object ID # it+ ❑ Partial Completion _ Description of Portion Completed A) Statement of Substantial Compliance To the best of my knowledge, belief, and based on onsite observation, construction of the following building and /or HVAC items applicable to this project have been completed in substantial compliance with the approved plans and specifications. BUILDING /LIGHTING ITEMS 1. Structural system including submittal and erection of all building components 10. Exterior lighting & control requirements (trusses, precast, metal building, etc.) 11. Interior lighting & control requirements 2. Fire protection systems (sprinklers, alarms, smoke detectors) designed, 12. All conditions of lighting plan approval installed, and tested (including forward flow on back flow devices) by and applicable variances appropriately registered professionals 3. Shaft and stairway endosure 4. Exits including exit and directional lights 5. Fire - resistive construction, enclosure of hazards, fire walls, labeled doors, class ❑ HVAC ITEMS of construction, fire stopped penetrations 6. Sanitation system (toilets, sinks, drinking facilities) 1. HVAC system including final test 7. Barrier -free including Comm 18 elevators and lifts 2. All conditions of HVAC plan approval and 8. Energy envelope requirements a 9. All conditions of building plan approval and applicable variances The following items are not in compliance and must be addressed: B) ❑ Statement of Noncompliance JUL 0 1 2oa Due to the following listed violations, this project is not ready for occupancy: DENAR I MEN r OF j' ' 1' 1 ► 1' C) ❑ Supervising Professional Withdrawn From Project (Use A or B above to indicate project status as of this • a e.) D) ❑ Project Abandoned 3. SUPERVISING PROFESSIONAL SIGNAT FQI1: Building ❑ HVAC ' Lighting V ( ( f1nai Date 7. 1 ' 0 // Name (pleasee nnint or t�j�pe) Phone numbe 2 Customer ID # 472.0S+ Signature SBD -9720 (R.01 /2002) ZONING /LAND USE COMPLIANCE CHECKLIST JOB LOCATION: /7bV S koe ZONING PROPERTY OWNER/CONTRACTOR: CONSTRUCTION DATA: _ °New Construction Addition Alteration TYPE OF CONSTRUCTION: (i.e. fence, pool, parking lot, sign, etc.) COMPLIANCE CHECKLIST DEFICIENT COMMENTS Use U Lot Width Lot Area i Lot Area Per Family Floodplain Front Yard Front Yard Side Street Rear Yard Side Yards Building Area Parking Standards Off - Street Loading Standards Vision Clearance Transitional Yard Standards Landscape Standards Height Conditions of Approval Compliance with P.C. or BZA Conditions of Approval Signage Standards Drainage Plan REVIEW AUTHORITY As per Section 30 -5 Enforcement of the City Zoning Ordinance, the Director of Community Development, or designee, must approval all plans, except the following: (1) Alterations or interior work when the use is conforming and when no change in use is proposed. (2) Maintenance items, e.g. siding, windows, etc., when the use is conforming and when no change is proposed. ) ' 2APPROVED DENIED Plan Commission Action Required Variance(s) Required --� REVIEWED BY: / '/ DATE: A :aCJ —CAS' 06/27/2002 18:18 9496601377 BRAND GROWTH PAGE 01 02-10-03 1001w e From-CASE, OCAILSON.JORDAN & RICIT UP 310-152-2229 T-D21 P.02/02 F-277 1 apeS 3, ea • WI EIMIllagea Ns UM Deelanakon C_rass.leasemeats vid gma Comas* sal sintrietleal.._ 4100414141 (Oshleirki inmate) 'gee file RECEIVED JUN 30 2003 i.EPA OF Reista Doruniew ter ry- . . - -41P , 11- rit Taar haat Nol port 49134•1041 post-r Fax Note 7671 Date AMaillerrs■ / To adiffArGeAlia COiDePt cozy- Ala- cos' 3 Co. 909 • ?13$-y Phone %W 114 r * 414.- Fax # Fax # 40 efi 11;11 NW 008-{111R41 Mar 04 03 02:33p Expert Real Estate Adv 949 -860 -1377 p.3 03 -04-03 12:4Tom From -CASE, KNOWLSON,JORDAN & WRIGHT 111 310 -552 -3229 T -960 P.02/24 F -061 • DECLARATION O8 CRO6S .ASU$ENTS AND • COVENANTS AND RESTRICTIONS 18CTING LAND (Oshkosh, Wisconsin) • TuUS D$CLARATION OW CROSSRASFAIENTS AND COVENANfl AND RESTRICTIONS AFFECTING LAND (this "Dedasatlon") lama* as of doer date of 2003, by and between ShopKo Stores, Inc, a Wisconsin "separatism. ( "Conspony ") . • and MOP !lorry Cote., a Ddawue cozrparar an ( "Developer). • WHEREAS. Company is the owner of a ccrtaia pewel of leaf eu.m located in. • Winnebago Comity. Wiacoamin, described An " apneadod be cw Ohs "Ce)tttty any Sire°): and WHEREAS. the Developer is the owner of ern pared of teal estue located in Wiaenebago Counry, Wisconsin. descrfb.d on E3F1111117 ached hereto teat: "Developer's ' • Site); and WHEREAS. t parties beam desire to develop and uUft a the Company She abd the D eveiopec's Sim (hereinafter collectively referred to as the Mae Parcel ") as a n mated and unified shopping center; and WHEREAS. the patties hereto desire to ruling; their respective Sires to dune eoveuaats, • manakins, and reciprocal eaiesnents set forth below in, ovec upon„ woes and through the Common Areas and such tea areas as am baelaafmr provided NOW, TAERRIOEE, in consideration of one Dollar (5100), the mutual covenants aid agreements herein contained and other good and valuable consideration. ration. tie rauipt, vabse and as f dency of which is hereby wcknovilad ed, rite patties hereby covalent and agree as follows: A R TZ In addition to terms defined elsewhere is this Declaration, es used herein the fnUowiag � p(0 temps shall have the ascribed m Mt terms as fords below: Lr • 1.01. agsgradjim With respect to the pirt a lcoolsr enema and rights hereinafter sec forth, the tame "Renaud Sip" shall mean and refer to those pout of the Ent ire Panel which are benefited by such easements and rights and coastiu rt the damataat cu 1.02. Bun e$1 Sile. With respect to the Particular easements and rights hereinafter act forth, the tam "burdened Bite" shall mean and refer to those portions of the Entire Parcel which are burdened by such esseinents and rights and constitute rho aezvie nL mpar94. 1.03. Cp p , "Common Mans" shall mean and include alt pens of the Ei dre • Parcel which ate treat time: to time devoted priunanly [o paticiag, uppsoaclies, nit% eaatrafeeai• sidewalks, exterior landscaping, incidental and interior roadways. service roads and other similar ate�ns. . .. .. • . �� - Zc‘3 -sc►sy Mar 04 03 02:33p Expert Real Estate Adv 949 - 660 -1377 p.4 urlm -es Ii -,1 pot riairuRis, Munavn, 4 1411411 Lie 414-746-4“11 r. Vet a+ • LO4. 631561110alatia "Environmental Lowe &di imam tall gaunt and fame • federal, state, or local laws, ordinances, rules, regulations. decisions and other rents of govemznental authorities relating m the environment or to any Hazardous Material, including the following federal laws: the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act of 1960. the Resources Conservation and Recovery Act. ttte Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, and any amendments enacted or regulations adopted. published and/or prowulpted pursuant thereto. 1. ' .Existing Mortgagee: "Existing Mortgagee" shall mean and refer to Kitaco Select lnvesttrnents, or its successor or assigns pwsutamt to that certain Mortgage, Assignment of Leases and Rents and Security Agreement dated March 27, 2002 and recorded on April 1, 2002 as Document Number 1175843 ("the Mortgage "). 1.06. door Area. "Floor Area" shall team the actual umber of square feet of floor space within the exterior walls of all floors of a building located in the Eats a Parcel, uneesnted to the cermet lines of all common walls, and including stairs, interior elevators, escalators. air conditioning and other interior equipment rooms; but excluding (i) loading docks and platforms, uansfnrnter vaults, utility or mechanical penthouses or utility enclosures; (u) patio or outside selling areas which are not heated or air conditioned: (iii) any mezzanine space: and (iv) basement space. 1.07. jizardoys Materal. "'Wardens Material" shall mean materials and substances deftmed as 'hazardous substances," "hazardous materials." " hazardous waste," "toxic substances." including asbestos. polychlorinated bipbenyls. petrolatum (or Petroleum products), hydrocarboniic substances and constituents of any of the foregoing, or other similar designations under any Environmental Laws, and Anther, any substance or autte:iat which because of toxicity, cotrosivity, reactivity, ign tabEity, carcinogenicity. magnification or concentration within biologic chains, presents a dcmonstrared threat to biologic processes when discharged into the environment. 1.08. Majority Owner. "Majority Owner" shall :moan and refer to Company or its successor, assign or any other party which has obtained title to the Company Site (including, without limitation. Existing Mortgage= ar any successor mortgagee or any other party who clhtainc Ade to tba Company Site pury to remedies provided in the Mortgage, as hereinafter defined, or any other mortgage or deed of trust or by foreclosure of the Margage or other deed of mist. or by deed or assignment iu lieu of foreclosure). 1.09. Occupant. "Occupant" shall mean and include each of the parties hereto. their respective heirs, successors and assigns (including mortgagees) and any person who shall be from time to tuna entitled to the use and occupancy of space located within the Entire Parcel under any lease, sublease, license or coneessioa agreement, or other instrument or arrangement under which such rights are acquired.. 1.10. putters. "Outlet" or "Outlets" &ball mean and refer to those portions of the Eerie: • Parcel, the approximate size and location of which are designated and depicted on the Site Plan, Mar 04 03 02:33p Expert Real Estate Rdv 949- 660 - -360 377 p•5 3314-C3 3 . a8p '- .t� E. KY:�iIS�V..:ACA4 i li?iGFF lLP 3'0-252- ' 1 p OG /24 F -06: which have been or may be divided or subdivided from the Company Site or the Developer's Site so that such Outlots are legally distinct parcels that may be conveyed to a third party but which shall remain subject to the easements, covenants. restrictions and other provisions of this Declaration. 1.11. Qom. "Owner" shall refer to and mean any individual. pan aership, joint venture, cotpc u on, trust, unincorporated association, governu1eutal agency or other entity now or hereafter holding an ownership interest in fed simple in any part of the Entire Parcel. 1.12. "Permittees" shall mean and refer to aU Occupants and all customers. employees, licensees and other business invitees of Occupants. 1.11 "Site" shall mean and refer to the Company Site, the Developer's Sire or any Oudot. 1.14. Site Plan. "Site Plan" stall mean and refer m the site plan of the Enrage Pascal attached hereto as glunalz. ?1RTICT.E 11 ilr 2.01. grins of gaselg ns. Company and the Developer hereby each grant to the other and to the Owutrs tine following easements for use by the Owners, Occupants and their respective Permirtecs, without payment of any fed or charge, except as otherwise provided herein or agreed in writing between the Owners: 2.01.1. Pedgjliaq Ealseynta. Nonexclusive easements for the purpose of pedestrian tzuffic between each Site and (i) each other Site which is contiguous thcicto; (ii) the public streets and alleys now or hereafter abutting or located on any portion of the Entire Parcel; (iii) the parking areas now and hereafter located on the Entire Parcel: and (iv) over, upon, across and through the Common Areas: limited, however, to those portions of each Site which are improved by the Owner thereof from rime to time for pedestrian walkways and made available by such Owner for general use by the PCIMiCleCS is confollniry with this Declaration and the Site Plan. 2.01.2. Yjculaf Easements, Nonexclusive easements for the purpose of vehicular traffic over, upon, across and between ,Si ,agfbrf and the public s reeu and alleys now and hereafter abutting or Iocated on any portion of the Entire Parcel; limited, however, to those portions of the Entire Parccl wbicb are improved by the Owner thereof from time to time far vehicular accessways in conformity with this Declaration and the Site Plan. 2.01.3. Earlitegy.gamm Nonexclusive easements for the purpose of vehicular parking in any parking areas Dower hereafter located on the Entire Parcel. 2.01.4. Ctleggipp component Easements. Qntentivaal1y deleted] 2.01.5. U 1jry Easements. Mar 04 03 02:34p Expert Real Estate Rdv 949- 660 -137 p•6 03 - O4 - 03 !2:48p- - Fro- -CASE KY :�fUS:`l,,:P.CAY a %P'GH? llP 3"C -552 - " - 36C P C5 /Z� ? (a) Nonexclusive easements for the installation, use, testing, conncCetioa SO, operant, maintenance, repair, replacement and removal of water has and systems; telephone lines and systems; gas lines and systems; sanitary sewer lines and systems; electrical lines and systems; storm sewers, drainage lines and systems; and other utility lints or systems hereafter developed to serve one or more of the Sites; provided. however, that all pipes, wires, lines, conduits. mains, sewers, systems and related equipment (hereafter called 'Utility Facilities ") will be installed underground or othuwise enclosed and will be installed, operated and maintained in a mauler which will not unreasonably interfere with tltc use of the Entire Parcel or improvements on the Burdened Site op which such Utility • Facilities are located. (b) Tile Owner of each Burdened Site affected by a utility easement granted herein will operate and tnaituain all Utility Facilities located within the boundaries of such Burdened Site in sound suuctural and operating condition (except to the eXialIT that such operation and maintenance is performed by public authorities or utilities) and any expenses occasioned thereby will be borne by the • Owners of the Benefited Site(a) which are serviced by such Utility Facilities in the ratio which the boor Area of the improvements locatai on each Benefited Site bears to the total Floor Area of the improvements located an all Benefited Sites serviced by the Tierney Facilities. (c) The Owner of any Burdened Site affected by any utility easements granted herein will have the right, az any time, and from time to time, to relocate any Utility Facilities then located ore the Burdened Sipe on the conditions that: (i) such right of relocation will be exercisable only after thirty (30) days' prior . written notice of the intention to relocate has been given to all Owners using the Utility Facilities to be relocated; (ii) other than ill an emergency situation. sucb tight of relocatioa of any Utility Facilities located in the front of a building will net be exervised between October 1 and December 27 of any year; (iii) sucb relocation will not unreasonably interrupt any utility service to the improvements then located an the Benefited Site(s); (iv) such relocation will not reduce or unreasonably impair the usefulness at functioat of the Utility Facilities to be relocated; and (v) all costs of such relocation will be borne by the Owner relocating the Utility Facilities. 2.01.6. f eccsa Easemems. , Nonexclusive easements in acceadarnce with the access polars and driving lanes shown on the Site Plait between each Site and the public sUeets and ways abutting or crossing any potion of the Emile Parcel for the purpose of providing ingress, egress and access to the easements hereby created and to the Common Areas. 2.01.7. Cptsstsuc64D gaserwro. Nonexclusive casements for the purpose of constructing, renovating, repairing or remodeling the improvements on the Entire Parcel, including grading, balancing and compaction of soils and other site work materials, reconstruction. storage of supplies and materials, installation, replacement, Modification, care and maintenance, provided such use of a Burdened Site is reasonably necessary, will Mar 04 03 02:34p Expert Real Estate Rdv 949-680-1377 P.7 33 - 03 12:taoor Fro- -CASE 101:43:1 .:PCA1 Warr UP 31-352-1229 -itii Y t.oitc . -vc. be diligently prosecuted in accordance with sound constriction practices and will not unreasonably interfere with the use of the Burdened Site or the improvements thereon. The Owner of any Benefited Site taking advantage of the consuuctian easement granted herein shall pay all costs associated therewith, including without limitation restoration of the Burdened Site to the condition existing prior to such exercise, and shall indemnify • and bald the Owner of the Burdened Site harmless from all loss, cost and expense in connection with the use of such easement. • 2.01,8. j ightipg Facilities f. asement. Nonexclusive cesareans for access CO and use by the Owners and Occupants of any Site to the light poles located adjacent to the perimeters of any Site for installation, repair, replacement, mainramapnc: and removal of electrical wires, conduit, lighting fumes and related apparatus to share the use of such poles for lighting the Common Area on any Site. The costs of operation and maintenance of Me shared lighting facilities as provided herein shall be shared in an equitable manner between the Owner of the Burdened Site and the Owners of any Benefited Sites, The Owner of any Benefited Site taking advantage of the lighting facilities easement granted • herein shall indemnify and hold the Owner of the Burdened Site harmless from all loss, cost and expense in connection with the use of such easement and any shared lighting facilities. 2.01.9. eireejnd &ttaeotegev Access. [Intentionally Deleted] 2.01.10. Self- -ife1p Easetpenjc. Nonexclusive rights of entry and easements over, across and under each Site for all purposes reasonably necessary to enable any other Owner of a Site to perform any of the provisions of this Declaration which a defaulting Owner bas failed to perform. The costs of operation and mainrnaance of such easements shall be borne by the Owner of the Benefited She unless a default of the Owner of the Burdened Site caused the use of the easement, in which event the defaulting Owner shall bear such cost. 2.01.11_ Sien Basements_ Non- exclusive easements under, through and across the Common Area of each Site for Me installation, operation. maintenance, repair and .- replacement of such free- standing pylon sign(s) as are shown on the Site Plan attached hereto or as may be erected by the Majority Owner, including all appurtenant utility lines and facilities; provided however Majority Owner agrees that any future free - standing pylon sign it erects will not substantially bock the visibility of Developer's pylon sign, as depicted an Site Plan. Except where otherwise specifically stated herein to the contrary, the Owner of the Benefited Silt shall bear all costs relayed to the installation, maintenance, repair and replacement of its pylon sign and appurtenant facilities and shall repair to the original specifications any damage to the Common Area resulting f:orn such use. 2.0I.12. Stlrfa}c e Sieger Drainage. Non - exclusive easements for the flow of a reasonable volume of surface water to the nearest drainage catch basins or waterways; provided, however, chart (a) the easement for surface water drainage shall be consistent With an overall surface wader drainage plan for the Entire Parcel; and (b) following the initial construction of Common Areas and buildings on a Benefited Site in accordance with the Site Plan, no Owner of the Benefited Site shall alter the flow of surface water. Mar 04 03 02:34p Expert Real Estate Rdv 949 - 660 -1377 p.8 23 -04-03 '.2:49n Frc —CASE K.Y;'rll<.C1..:P.CA4 & P:P'CW LIP 3!0- 552 -3229 '460 P C7/24 P - Ub; • onto a Burdened Site in a manner that would materially increase the volume, or materially decrease the purity or quality, of surface water flowing onto the Burdened Site. 2.02. Upimpecte4 &}s Except u provided in Section 6.10, no batricade er other divider will be constructed between the Sites sad the Owners will do nothing to prohibit or discourage the free and uninterrupted flow of vehicular or pedestrian trc throughout the Site in the areas designated for such purpose by the Owner of each Site; provided, however, thar each Owner shall have the tight to temporarily erect barriers to avoid the possibility of dedicating such areas for public use or creating prescriptive rights therein. 2.03. EreightigejegajnaiaggiumzM Daveleper shall not grant or otherwise convey an easement or easements of the nature or type set forth in this Article It for the benefit of any parcel of real estate not within the Entire Parcel. ARTICLE III atnre e? F3. s.Ai Ri hIs C ps 3.01. Easenoents A Banc Each and all of the easements and rights granted or created herein arty appurtenances lathe affected portions of the Entire Parcel and none of the easements and rights racy be traesferred, assigned or encumbered except as an appurtenance to such portions. 3.02. Nature gpd Effect of f Each and all of the easements, covenants, restrictions and provisions contained in this Declaration: (a) Are made for the direct. mutual and reciprocal benefit of the Owners, Occupants and Permelees of the respective Sites; (b) Create mutual equitable servitudes upon each parcel iu favor of the other Sites: (c) Constitute covenants running with the land; and (4) Shall bind every person or entity having any fee, leasehold or other interest in any portion of the Entire parcel at any time or from rime to time to the extent that such portion is affected or bound by the easement, coveaaut, restriction, or provision in question, or to the extent that such easement, covenant. restriction or provision is to be performed on such pardon. 3.03. Trams of Title. The acceptance of any transfer at conveyance of title from any party hereto or its respective heirs, representatives, successors or assigns of all or any part of its interest in its Site or any ponion thereof, including any Oudot, shall be deemed to: (a) Require the prospective grantee to agree UK to use, occupy or allow any lessee or occupant of such She to use or occupy the Site in any meaner which would constitute a violation or breach of any of the easements. covenants or restrictions contained herein; and Mar 04 03 02:35p Expert Real Estate Rdv 949 - 660 -1377 p.9 23-04-C3 12:49x' Frc - -CASE KNNIS. "•'L .:4GA4 a viP.GN' LLP 719-552- 3229 -von r voice - -uu: (b) Requite the prospective grantee to assure and agree to perform each and all of the obligations of the conveying party under this Declaration with respect to any such Site which will be couveyed to each grantee, in each case by a wrineu instrument • executed, acknowledged and recorded in the Office of tie Register of Deals of the county in which the Entire Parcel is located. Notice of each suck conveyance and agreement shall be served by the conveying party upon each party or entity than owning fee title to any part of the Entire Parcel within ten (10) days after such conveyance. The notice shall be accompanied by a copy of the conveyance and agreement. Upon such assumption by the new grantee and the service of proper notice, the conveying patty shall thereupon be released from any future obligation under this Declaration with respect to the parcel so conveyed to the prospective grantee in compliance with this document, but shall not be relieved from past obligations. The parries hereto agree to execute and deliver any and all documents or assurances necessary or desirable to evidence such mleaac for the purpose of recording or otherwise. Whea a grantee is a mortgagee, no personal liability or responsibility shall be deemed to be assumed by such mortgagee until and unless such mortgagee actually takes possession of a Site ire connection with s mortgage foreclosure action. in �•1 4.01. Common ArTa Maigrenapee. Each Chatter shall maintain, or cause to be maintained, the Common Areas from time to time located on its Site in good order, sound structural and operating condition and repair. Such maintenance shall include, but shall not be limited to: (a) Maintenance, repair and replacement of the surface and subsurface of parking lot and driveways situated an the Common Area to minutia it level, smooth and evenly coveted with the type of materials originally constructed thereon or such substitutes as will in all respects be equal to such materials in quality, appearance and durability; (b) Maintenance and care of all grass, shrubs and landscaping, including, but not limited to, the fertilizing, watering, mowing and trimming thereof and maintaining, repairing and replacing (when necessary) automatic sprinkler systems and water lines; (c) Removal from the Common Areas of papers, debris, ice, Snow, refuse and other hazards to persons using the said Areas, and washing or thoroughly 9weeping paved areas as required; (d) Maintenance of such appropriate parking area entrance, exit and directional signs, markers and lights as will be reasonably required from time to tinge; and (e) Such painting and repainting as may be required to maintain parking area and equipment installed thereco in high quality condition - 4.02..Failufeso Pronelly Mair;ij. In the event that any Owner shall fail to properly maintain thou portion of the Common Area which is from time to time located cm its Site (such party betag herein referred to as the "Defaulting Party"), any other Owner (hereinafter referred • to as the "Nondefaulang Patsy ") may send written notice of such failure to the Defaulting Party. Mar 04 03 02:35p Expert Real Estate Adv 949 - 660 -1377 p. 10 33.92 -03 '2!49o- F' - -CASE KN:i�LW ..CPCA1 r �"P GNr LIP 3..0-552 -3229 Nato P 09 /2C F•O6' Such notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies ") in the Defaulting Parry's performance of the Common Area mainteaauce to he performed by h. Notwithstanding anything to the contrary in Section 5.02, the Defaulting Patty shall have ten (10) days after receipt of die said notice is which to correct the Deficiencies or in which to commence to correct the Deficiencies if the Deficiencies cannot be corrected within the said ten (10) day period, and thereafter, to proceed diligently to complete the correction of the Deficiencies. In the event that the Defaulting Patty shall unreasonably fail or refuse to timely correct or to begin to correct the Deficiencies, as the case may Nondefaulthig Party may, at its option, correct the Deficiencies. In the event that the Noodefaultiug Party shall exercise the said option and shall correct the Deficiencies, the Defaulting Party rthall, immediately upon receipt from the Nondefaulting Party of an itemized invoice for the costs incurred by the Nvndefaulting Party in correcting the Deficiencies, pay all costs to the Nondefaultlttg Patty plus interest thereon from the date of receipt of such invoice at a rate equal to the lesser of ten percent (10%) or the maximum rate allowed by applicable law. 4.03. Klbn`ena= of Easement Area. With respect to each of the easements granted in Article II, except as otherwise specifically provided in this Declaration, each Owner of the Burdened Site shall be responsible for thc cost of operation and maintenance of the areas subject to such easettieaa. 4.04. Surface Watgr Drajour [Intentionally deleted] 4.05. I , The Owne=r of each Site shall pay or cause to be paid all nixes and special assessments levied against their respective Site, including any portion of the Common Area on its Site, prior to delinquency of such taxes or special assessments. Enforcement ye 5.01. itcQtedies. In the event of any violation by aoy party hereto or by any Penninee or Occupant of any part of the Entire Parcel of any of the terms, restrictions. covenants and conditions provided herein, any of the patties, or their respective successors or assigns. as the case may be, shall have in addition to the right to collect damages, the tight to enjoin such violation or threatened violation in a cotut of competent jurisdiction. Prior to the commencement of any such action, thirty (30) days' written aotica.of the violation will be given to all ocher Owners and to the persons or entity guilty of such violation or threatened violation. 5.02. lYotic; Except as provided in Section 4.0Z a party will not be In default under this Declaration unless such party shall have been served with a written notice specifying the default and shall fail to cure such default within thirty (30) days after receipt of such notice, or shall fail to commerce to cure the default within such period of time if the default cannot be cured within the said thirty (30) day period, and thereafter, to proceed diligently to complete tine curing of thc default. 5.03. Breach jaosuLoalict liagpa, It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind or otherwise terminate this Declaration, • Mar 04 03 02:35p Expert Real Estate Rdv 949- 660 -1377 p.11 73-04 -4; IZ:c?r :r7,- -CASE KNULS.:1 .:PCAY 4 WP 'GM' LLP 3:0 :52•3229 7 460 P :0126 F - OV • but this limitation shall not affect, in any manner, any other rights or remedies which the parties may have by reason of any breach of this Declaration. jtestrictions qpA t anstat 6.01. §.421.4a, k is agreed that the Entire Parcel shall be developed and utilized consistently with the Site Plan. No Owner or Occupant shall construct or permit to be constructed on the Entire Parcel any buildings, improvements or structures of any Land, except in the areas designated therefor on the Site Plan. 6.02. Sign Na Owner or Occupant shall erect or install, or permit to be erected or installed, anywhere on the Entire Parcel any sign except ip accordance with the following? (a) Except as provided below, no fret- standing, pylon sign shall be erected or installed anywhere cm the Entire Parcel except in locations (i) designated for such signs on the Site Plan or (ii) approved in writing by the Majority Owner. (b) (Intentionally deleted) (c) Notwithstanding (a) above and subject to (e), Company, at its option and at its own expense, shall have the right to erect, install and maintain on the Company Site signs of such size, color and design (including without limitation pylon signs) as Company elects; provided however Company agrees that any future free-standing pylon sign it erects will not substantially block the visibility of Developer's pylon sign, as ' depicted on Site Plan. (d) Any sign to be =old aaywbe re on the Endre Parcel shall conform in all respects to the sign criteria attached hereto as '4" (the "Sign Criteria "). It is understood and agreed that Company's standard pylon identification sign conforms to the Sign Criteria. (e) My sign erected or installed anywhere an the Entire Parcel shall conform to local sign ordinances and is subject to obtaining any required governmental approvals. 6.03. Use iteatiiiction, It is agreed that no portion of the Entire Parcel, other than the Company She, may be used for or by a general merchandise discount department in the most current edition from time to time of the Dinectory of D;sco ar store (as listed published by Business Guides, Inc., Division of L.ebhar- Priedrrpurr, Inc., like successor publication); retail pharmacy ar drugstore; nutritional, health or wellness center; optical center, toy stare; or lawn and garden center. This restriction shall not be deemed to prevent or prohibit the incidental sale of health and beauty aid items or other wiscellaaeous items similar to those sold by Company that are customarily sold from other types of retail stores. This restriction may be waived solely by Company in writing by an instrument recorded in tine Office of the Register of Deeds for the county in which the Entire Parcel is located. In addition. it is agreed that no portion of the Entire Parcel shall be used or operated: • (a) In violation of applicable laws or rules. • Mar 04 03 02:36p Expert Real Estate Adv 949 - 660 -1377 p.12 US-U4-0 i't:�Ua� Frc^KW,: KICOI ;:7..:MGAY s 0.411i aP J.U-DU-,ULV — you r irc� �-uu. (b) In a. dangerous or hazardous manner. (c) Asa nuisance, or as an obnoxious use by reason of unsightliness or excess emission of odors, dust, Runes. smoke, liquid waste, aoiso, glare. vibration or radiation; provided, however, that nothing contained in this subsection shall limit or prohibit the erection of business communications satellite dishes on the roof of any building. (d) As an adult book store. night club or discotheque, massage parlor, or any other establishment which provides live adult eatertainramat or Which sells, rears or exhibits pornographic ar obscene materials. (c) For any rue sal; bankruptcy salt (unless, pursuant to a rattler order) or auction lwua operation (provided that any Occupant that goes out of business shall be emitted to going out of business sale not exceeding four weeks in duration). (f) Asa second -hand Store. flea market, pawn shop, gevernm nt surplus store, Goodwill Store, salvage store, Salvation Array Stwn. surplus store or liquidation stare. (8) As a sports, health. fitness, exercise or dance facility. (h) As a liquor store (or any other establishment where beer wine or liquor is sold for off- premises consumption) (This restriction shall not apply to the Company Site). CO As an automobile, truck. trailer or recreational vehicle sales, leasing. display or repair facility. (1) Asa bar or cavern (or any other establishment where hoer, wipe or liquor is served for on- premises consumption unless such on-premises consumption is incidental to a restaurant operation). • (k) As a theater or cinema; circus; carnival; bowling allay; clamor's or dentist's office; medical or dental health facility; veterinary hospital; funeral parlor or m ortuary; car wash; game room or arcade; billiard or pool hall; unemployment office; school or place of instruction attended by students; business office; post office; bingo parlor, casino, off - trade betting facility, or any betting establishment (except that the sale of state lottery tickets is nor prohibited or restricted). (1) For any non- retail use (notwithstanding the foregoing, restaurant operatious arc a pernnitred use). & Parking quire ^arcs Ir is agreed that a panting racio of not less than 4.5 spaces per 1,000 square feet of Floor Area will be maintained on the Company Site (inclusive of parking spaces, if any, occupied by any seasonal lawn and garden area) and on cite Developer's Site. for purposes of measuring the pig ratio sat forth in this Section, the Company Site and the Developer's Site shall be deemed to include any Outlets located thereon as depicted on the Site Plan, regardless of whether such Ouaots are conveyed to a new owner. 6.05. Bui in Eions. Each building. structure or other improvement constructed in the Entire Parcel shall be of rust quality construction. No building, structure or other improvement may be constructed or changed in any material way witbout the prior wriuen Mar 04 03 02 :36p Expert Real Estate Rdv 949-66071277, . vv p.13 yr v� v. •r•rvM+ r. v�.n:C �•r�3r..r.r VN, i, r;r Vr' L�� i!V approve/ of the Majority Owner, which approval shalt not be unreasonably withheld, delayed or denied, as to the exterior design. color and elevations of the building. structure or other improvement to be constructed or modified. Before any costumed= or modification which requires approval beteunder is commenced, written notice requesting such approval shall be sent to the Majority Owner including sufficient information to enable the Majority Owner to make a reasonable determination. Majority Owner must approve or disapprove the proposed construction at modification within thirty (30) days after receipt of the proposal, end if Majority Owner disapproves, it shall provide a written explanation in reasonable detail of its objections. If Majority Owner fails to provide its written objections as required within the thirty (30) day period, Majority owner shall be deemed to have approved the proposed construction or modification provided that the nonce seeking approval stated that Majority Owner's failure w provided written objections within thirty (30) days shall be deemed approval of sucb proposal. 6.06. Rest tionE2p pjvjgjons: Cenvee aoces. Company may divide or subdivide and • sell and convey any portion of the Company She. 6.07. Quipla2WitnikstcAna, In addition to the other r+ratrictioas set forth in this Declaration, the Developer's Site shall be subject to the following testiictions: (a) Only one building may be constricted on the Developer's Site. (b) No building, structure or improvement constructed an the Developer's Site shall (i) exceed one story; (ii) exceed twenty (20) feet above ground with an i ce tower not to exceed 29' 7"; (iii) have any portion of such building, structure or improvement (including HVAC equipment and other mechanical devices or screening) higher than four (4) feet above such roof; (iv) have any rooftop equipment unless such cquiptncut is screened; or (v) have a rooftop sign, except for building facade signage if no part of such signage exceeds than height restriction set forth above, • (c) No building constructed an the Developer's Site shall exceed 4,200 square feet ground cover. (d) Only one pylon sign may be erected on each the Developer's Site and such sign shall not exceed sixty (60) feet in height and a total square footage of two hundred ten (210) square feet. 5.08. Access Ma(op. No curbcuts or public highway access points shown on the Site Plan shall be altered, codified, vacated or discontinued in any manner whatsoever without the written approval of the Majority Owner 6.09. Fie Raring TVt ri v. [Intentionally deleted] 6.10. nor nog Area J mi uptiow. The Owner of any Site baying an outdoor sales area designated on the Site Plan (including Company's outdoor lawn and garden area) may use the Sauce from time to time for the promotion and sale of seasoned merchandise or special sale promotions. Notwithstanding anything contained herein to the contrary, Company may relocate, use and maintain Company's outdoor lawn and garden area anywhere in the Common Aria of the Company Site. 11 Mar 04 03 02:36p Expert Real Estate Rdv 949 - 660 -1377 p.14 a3-04-03 12 :503' Fro -.. -ASE K': :WLS;''' . :PCA4 i. WP'GP LLP 3'0- 552 -3229 ' P 13 /24 -061 ARTIC1 Vg M14hr01 Indernnifica 'oa 7.01. jpdemnifacation. Each Owner, with respect to its portion of the Entire Parcel. shall comply with all applicable laws, rules, regultuioas and requirements of all public authorities and shall indemnify, defend and hold each other Owner harmless from and against any and all claims, deaaands, lasses, damages, liabilities and expenses and all suits, actions and judgments (iaclnding, but not limited to, costs and reasonable attorneys' fees) arising out of or in any way related to the failure by such Owner to maintain its portion of the Endre Parcel in a safe and proper condition. Each Owner shall give each other Owner prompt and timely aotice of any claim made or suit or action commenced which, in any way. could result in indemnification hereunder. A�YW Insurance anel Snhjjgatlol{ 8.01. Casualty and j,jablity kgurarFe. Each Owacr shall obtain and maintain all-risk insurance covering all of the buildings and iwptmvements now or hereafter located on its Site, in an amount equal to ninety percept (90%) of the full replacement con thereof Eacb Owner shall also obtain and maiataie comprehensive general liability insurance covering igjuties m persons and property on, in or about its Sim, with coverage in an amount not less than Two Million Dollars ($2.000,004.00) per occurrence with a deductible as is customarily carried by prudent companies similarly situated and owning similar propetaes in the locality in which the Entire Parcel is located . AU such policies of insurance shall be issued by solvent and responsible insurance companies authorized to do business in the State within which the !.nerve Parcel is located, and all such policies sbaf contain a waiver of the right of subrogation. Norwithstanding the foregoing, any insurance required to be maintained hereunder may be self - insured in whole or in pan if the party obligated to insure shell then have and thereafter maintain a nor worth of ar least One Hundred Million Dollars ($100,000,000.00), or may be taken out under a blanket insurance policy ar policies covering other premises or property in addition to property within the Entire Parcel- Each Owner shell furnish any Owner with Certificates of Insurance reflecting this coverage upon request. In addition, whenever (a) any Ioss, cost, damage or expense resulting, directly or indirectly, from fire, explosion or any other casualty, accident or occurrence is incurred by any Owner, and (b) such Owner is then required to be covered in whole or in part by insurance with respect to such loss, cost, damage or expense, then such Owner hereby releases each other OVA= from any liability it may have on account of loss, cost, damage or expense- If any Owner sustains an insured casualty loss to the building an its Site said owner may at its sale cost and expense and with all due diligence, either (1) repair and restore its building on the Sim or (ii) tazc the remaining portion of the building, remove the debris, and cover the area from which the building was removed with landscaping, asphalt or some other dusteap material. ARTYCI E Ia► C.andemnatiou 9.01. C.ondemnajp 4wacls. It all or any part of the Eatirc Parcel is sold to or taken by any duly constituted authority for a public or quasi - public use under its power of coademnatiou • Mar 04 03 02:,37p Expert Real Estate Adv 949 - 660 -1377 p.15 si'yc'W :t 7Uy" TfCTi.A�t ytt;;rylY:7.,,,lry;A'I y 19N llY $0-),C-31a • -aou Y . c /L< !'u0! or threat thereof then that portion of the resulting award (whether obtained by agree cat or by judgement or court order) attributable to the value of any land within the Common Areas so taken shall be payable only to the Owner thereof and no dawn thereto shall be nude by any other Owner, provided, however, that all or Owners may file collateral claims with the condemning authority, over and above the value of the land within the Common Areas so taken, to the extent of any damage suffered by the Sites of such other Owners resulting from the severance of the appurtenant Common Areas so condemned or taken. The Owner of the Couuuon areas so condemned or taken shall promptly repair and restore the remaining portion of the Coaunon Areas owned by such Owner as near as practicable to the condition ofsame immediately prior to such condemnation or taking and without contribution from any other Owner. Nothing contained herein shall require any Owner to construct any improvements other than a ground - level parking Iot. If any buildings or other improvements an a Site are condemned or taken, then the resulting award shall fast be made available and used for repair and reconstruction of such buildings or other improvements. and the same than promptly be repaired and reconstructed as near as practicable to the condition of same immediately prior to such condemnation or raking and any amounts of the award not aeedcd for the repair and replacement that can be reasonably made shall he retained and be the sole property of Use Owner of the land, building or intprovexncut Taken. �,$TIC1 E Ell-M2-RE o 10.01. Yhia___iea of Uptur Excep as provided is Section 10.03, no Occupant shall release, generate, use, score, dump. transport, handle or dispose of any llazardaus Material within the Entire Pared or otherwise permit the presence of any Hazardous Material to be ou the Entire Parcel. Any rue, handling or storage permitted under Section 10.03 shall be in accordance with all Eaavironmental Laws and all other applicable laws, ordinaucca, rules and regulations now or promulgated by any governmental authority having jurisdiction thereof. Each Owner with respect to its Site shall immediately notify the other Owners by providing a copy of the following with respect to sucll Owners Site: (1) any notice of violation or potential or alleged violation of any laws, ordinances or regulations which the Owner shall have received from any governmental agency . concerning the use, storage, release and/or disposal of Hazardous Materials; (ii) any and all inquiry, investigation, enforcement, cleanup, removal or other governmental or regulatory actions instituted or threereued relating to such Site(s); (iii) all claims made or threatened by any thud party relating to any Hazardous Materials: and (iv) any release of Hazardous Materials on or about the Entire Parcel which such Owner knows of or reasonably believes may have occurred. 10.02. Speriftc Sittutan Neither any Owner nor any Occupants) nor any Permirzce shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material, urea formaldehyde foam insulation or devices containing polychlorinated bipbenyls (PCBs) into any portion of the Entire Parcel. 10.03. Pelrrgrted U�e liorage. Handing and piipoat1 of ffitza gogo Materials Notwithstanding anything contained in Section 10.01 to the contrary. any Owner, or any other Occupant or Permitree may use products containing Hazardous Materials and equipment fueled „ Mar 04 03 02:370 Expert Real Estate Rdv 949 - 660 -1377 0.16 o: :4::,4f r!C'-;Ja. k'tl;ill�v`i., PPAI a i�P:GI!' UP 3i0-55Z- - 160 P 'S /Z< F -06: • by or containing Hazardous Materials in, on or abort such Owuees Site or the Common Areas to the extent such products and/or equipment are incident to the normal operations of vehicles. Examples of such products and equipment include, but are not limited to gasoline and petroleum) products used to fuel and/or lubricate vehicles. In addidoa. notwithstanding anything contained • in Section 10.01 to the contrary, the Owners or Occupants may merchandise products such as paints, oils, solvents, =alms, adhesives, and finishes, fertilizers, user ticides and rodent poisons and the like, which may contain Hazardous Materials, so Ioag as such products are frequently metchaudised in general merchandise discount scows, supermarkets, and frill -line home improvement. gardening and hardware stares. TO addition, Owners or Occupants may use products such as photocopy equipment, ordinary office supplies. photographic chemicals and supplies, building materials, maintenance supplies, cleaning agents and solvents in quantities commonly stored, found or maintained for use by retail operators. An Owner or an Occupant may also use ocher Hazardous Materials in connection with its use of its Site if such Owner or Occupant has received the other Owner's prior consent to the same. An Owner shall not unreasonably withhold its consent provided (i) the Owner demonstrates to the other owoez's reasonable satisfaction that such Hazardous Materials (a) are necessary or useful to the Owners or its Occupant's business, (b) will be monitored, used, stored, handled and disposed of in compliance with all Environmental Laws, (c) will trot =danger any persons or property and (d) will not invalidate or lituit the coverage or increase the premiums of any insurance policy affecting or covering any portion of the Halite Parcel. (ii) the Owner or Occupant provides the other Owners with such security as may be reasonably required by the Owners to help secure such Owner's or Occupant's performance of its obligations under Section 10.04 and (iii) stub Owner or Occupant satisfies any other requirements any other Owner may reasonably impose with respect to the Owner's or an Occupant's use of the subject Hazardous Materials. 10.04. ClegugpAtadcal.mAmigls, In the event Hazardous Materials are released wirbit► the Entire Parcel in violation of any Environmental Law and such release occurred as a cruet or indirect result of an Owner's or an Occupants use, handling, storage, or transportation of such Hazardous Maprnial, as between the Owners, such Owner or Occupant engaged in such activity shall be solely responsible and shall be liable for the prompt cleanup and rernediation of any resulting contamination and all claims, costs, expenses (including reasonable attorney and consultant fees) and damages, including consequential damages, suffered by the other Owners and Occupants. Durviov and Terminatiiap 11.01. Duration- The easements, covenants. restrictions and other provisions of this Declaration shall be of perpemal duration and shall run with the land. 11.02. Amendment. This Declaration may nor be modified. terminated, or rescinded except by written instrument executed by the Majority Owner as of the date of such instrument and recorded in the Office of the Register of Deeds of the County in which the Entire Parcel is located; provided, however, that no such atnendraents shall impose any materially mater obligation an, or materially imps any right of, the Owner of a Site:, without the consent of the ' Owner of such Site_ Any amendments or modifications of this Declaration shall be superior to • Mar 04 03 02: Expert Real Estate Rdv 949 - 660 -1377 p.17 44 12:5 ° or Prcr- CASE. K9:WLS :i.. :PCA1 s 19P'GFT LIP 3'0- 552-3229 '-360 P I6 /2< F -061 any and all liens. to the same extent as This Declaration. and to the same extent as if such amendment or modification had been executed and recorded conctently herewith. 11.03.:1�toc ificarions o, Pte Notwithstanding anything to the contrary contained is this Declaration, the Majority Owner shall have the right to modify the Site Plan by recording in the Office of the Register of Deeds of the Comity in which the Entire Parcel is located a supplement to this Declaration setting forth the revised Site Plan executed and acknowledged by the MZjotity Owner and any other Owner whose Site boundaries are directly affected by such modification. AST'q x Not a Plifte I2.01. Nothing contained its this Declaration shall, or shall be deemed to. constitute a gift or dedication of any portion of the Entire Parcel to the general public or for the benefit of the gcuatal public or for any public purpose whatsoever, it being the intention of the parties that this Declaration will be strictly limited to and for the purposes expressed herein. 1 TICLE XIYI Reasonableness of Cgtipept 13.01. unless otherwise provided herein, whenever an Owner's agreement or approval is inquired hereunder, such Owner shad not unreasonably withhold or delay such agreement or approval. If ao Owner shall not agree. or shall disapprove, the reasons therefor shall be stated in waning and in reasonable detail within thirty (30) days after receipt of the request seeking agreement or approval. if an Owner fails to provide such reasons within the required time period, such Owner shall be deemed to have agreed or approved provided that the notice seeking agreement or approval stated that such Owner's failure to provided written objections withia thirty (30) days shall be deemed approval of such request. 13.01 Notwithstanding anything to the contrary in this Declaration, no consent, agreement or approval shall ever be required of any Occupant or other Perrnittee other than the Owners of any Site. AIPCJ4 4 No Covenant IQ Operate 14.01 Nothing, either expressed or implied. contained in this Declaration shall obligate any Owner or Occupant to continuously operate any type of business �n its Site. ARTICLE XV Miseeligpegts 15.01. Recording. A fully executed counterpart of this Declaration shall be recorded is the Office of the Register of Deeds of the County in which the Entire Parcel indicated. • Mar 04 03 02:38p Expert Real Estate Rdv 949 - 660 -1377 p.18 :3 -O4 -G3 ?2:5 pro- -CASE KI:WLSC1.. :P,CA4 i vrGP' UP 30- 55:-3229 '-86C P :T/24 F -061 15.02. Benefit. This Declaration shall inure to the benefit of, and be binding upon, the patties hereto and their respective heirs, executors, administrators, representatives. successors and assigns. 15.03. Waiver. No waiver of any breach of any of the easetitetttb, covenants, restrictions or agreements herein costarred shall be construed as. or constitute, a waiver of any other breach or a waiver, acquiescence in ar consent to any further or succeeding breach of the same or any other elUethent, covenant. restriction or agmenleetu. 15.04. Sever-ability. If any term ar provision of this Declaration shall, to any extent. be held invalid or unenforceable, the remaining terms and provisions of this Declaration shall not be affected thereby, but each remaining tern and pmviaioa shall be valid and enforced to the fullest extent permitted by law. 15.05. Aficiicabje L48'. This Declaration shall be construed and enforced in accordance with the laws of the State in which the Eatire parsec is located. 15.06. Qualm. 'This Declaration may be executed in several counterparts, all of which together shall be deemed an original single document. 15.07. R ogee. All notices given ar permitted under this Declaration shall be in writing and shall be sent by (a) U.S_ Mail, postage prepaid, =lifted or registered wail, return receipt requested or (b) for delivery on the next business day with a nationally - recognised express courier. AU such aoa ces shall be sent to the following addresses. until such addresses are changed by thirty (30) days' notice. and to any subsequent Owners at such address. such party sending such notice has received: • A. If to Company. ShopKo Stores, Inc.. 700 Pilgrim Way Green Bay. WI 54304 Attention: Real Estate Department B. If to DEVELOPER: IHOP Realty Corp. 450 North Brand Blvd Glendale, CA 91203 Anrraion: Real Estate Department 15.08_ Entire Agreeq eut. This Declaration and the Exhibits hereto cogtaia the entire agreement between the parties hereto with respect to the subject clatter hereof and all prior negotiations, understandings or agreements arc superseded. The provisions of this Declaration shall be construed as a whale according to their corntnoa meaning and not strictly for or against any pay. 'The rule of coastructioa to the effect that an it atnrwetut shall be construed against its draftsman shall not apply to this Declaration and shall not negate or invalidate any provision of this Declaration. • Mar 04 03 02:39p Expert Real Estate Rdv 949-860-1377 p. 19 53-04 -03 12:53v F:cr.-:ASE KNUL.3 .:PCAY & FWP.`.GH? LLP 3 10-551-3229 7-850 P '.9/2' r-Vt IN WITN'FSS WHEREOF, the parties hereto have executed this Declaration as of the day and year first above written. ��� • SHOWED STORES, IN6.�% a Wiscon.Sin corporation By. Its: 131.).P en- o-ertnt;� Attest: kJ Its: a4. . x . Date of Execution: vA �' ft„y i •3 vDn_ Z STATE OF 14 ) .nrn,. ) ) ss. COUNTY OF - v -> Personally ca om me thi dda of , zoos, 7 a..0."and J » i` cam ---�r� ' �' _ +a a . to u-j , raapactively, of SbopKo States, Inc.. a c on daly organized and existing undetr sad by vine& of the laws of the State of Wisconaia, to bawn to be the petsoas who executed the foregoing inst:onsets, and to m known to be sucb and leg . a of said corporation and acknowledged that They executed forcgoin instrument as such o as the act of said corporation. by its authority. • & .1 Notary Pubs c :r gaup") My Commission expires; a 1- mo ons Mar 04 03 02r40p Expert Real Estate Adv 949 - 660 -1377 p.27 IHOP REALTY CORP. a(n) Delaware corp ration • Its: . tewart Preside. • Attest: (✓ �Z Its: . -ss E. • • =yor Asst. Sec. - Date o •xecution: • S TE OF ) C e_C ss. COUNTY • Personally carat baforc this day of . 2003, aad and , respectively, of 'HOP Realty Corp.. a corporation d organized and misting under and by vi •c of thc laws of thc State of Delaware, and to me known to be c parsons who executed thc forcgoi • • instrument. and to me known to be such and • said corporation and acknowledged that they executed the foregoing instrumen as such officers as th. act of said corporation, by its authority. Notary Public, My Commission a pires: THIS DOCUMENT WAS RECORDED t AND SHOULD BE RETURNED T. • Susan Buckna SHOPKO STORES, INC. 700 PILGRIM WAY GREEN BAY, W15. 4 r kg24buskn•lntal ataldo:hkosl✓?mparoa.. n21nh }. • • Mar 04 03 02 :40E Expert_Real_ Estate Rdv • 949- 660- 1377 _ _ p.28 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT . \` .e : ,7 : Xvrf: s".,y�!`;77-`.�- , `e!...{ \ ::1:^01Y:� v<: C•TX.Y'1.•�ii «S' `. !r .•:`Nx;5'r`7 : el State of Ca'ifornia j v, County of Us IN (7 (c.‘...%. - } ss. fS t. O^ \�\rS2uA� ZQ Ztks before 1 b o me 4��` �A�1 � . J Orl�rit :, E e: :we t ; \ . i !fv* e.e Ta»atJ•la:pl.'.a»6a! ■�tx7P.e, :9 l persona!!y appeared u p Nu .S' ,.�o&..k' 0 ; .• t i lc persona'y known to ma A proved ;o me en tie basis of sar'sfactory r' n. evidence c. • ; to oe the personhi those narte(s) ;sled r subscrbee to the within inst u•nent and r� acknowledged to rr9 that kelsh N My executed the same in McMer ,Iitetir aut ^o' zed n capacity 4es), and tha: by § e horiii•ei• rl signature tl on use instrument the persan'iy, or g the entty upon beha'f of which the person(sy, ;3 uuw�rr L. Novo actso. exeautee the instrument. C enunwon 1374747 ` r•. N ,.. - +vor ,,,, lV my an and official saw!. CA' COW., how U. tC 6 e. .) OPTIONAL " a . .1 Tnocr ;AC :.'4,/ C1`.00 r5 rtz! re,^,.d ed ay raw. it en.11 p'ivi •i. lL ' v p S reyyr$$ en me dart. ^.en! eV MIS p'd.wir • -, fraudulent ( ncval and •eausor (dun a tA'S m IC arp!h f. dr - • h t: 4,1 Description of Attached Document :� . . ii , et 'i Ttne or Type of Document: ri Document D3&: eft ,! Document Number of Pages: : S!gner(s) Ot-or Tan Named Above: t. ' Capaeity(ies) Claimed by Signer ?: en r= t, if Signersrva•ne: ik ^, T ; .J InC!vidual warrna Iruvwrrr � C. ,60t304 EP 0 .7 2 Corporate Officer — T:tle(s); f CD ' ' -1 Q , Partner — 0 Limited C: Genera: t , = Attorney -in. =act ` t� �; Trustee - 12 Gua: Cia^ o Conservator ti L Other _ k- ::: S.g^er is Reo•esenting: i t S h 0.4rA •.i � v � 4<. :• t ` ;';"ti`l_%L'�<7ty dev7. • yr : ^4; 4 r n. rz,• :� »- eicm.i'r.•- li`^OC% 4.1 4 '0 M. vy• Clem•:.!•. CA itJ:4 ... - . {�^,.� r _ t. a: o;. mle.n� -y,•; oM owe ::. 3907 ce_.oIrr ' Mar 04 03 02:39p Expert Real Estate Rdv 949 - 660 -1377 p.21 �• �+ 4.. rc�. - „nn. rv,nl;0 „ 6 wM UP' :LM J10-ni-32T9 ' -860 P 20/26 F -06! EXEMPT 1 COMPANY SRI parcel 1: That of the Southwest Quarter (SW 114) of the Northwest Quartet (NW 1/4) of Section Twenty- seven (27), Township Eighteen (18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Conunelleiag at the West 1/4 comer of said Section 27; thence S89° 00' 49” E 237.00 feet along the South line of the Northwest 1/4 of said Section 27; thence NOW 41' 00" E. 763.63 feet to the point ofbegi:miag; thence N00" 41' 00" B 12,07 feet; dunce NO3° S4' 05" E, 153.16 feet; thence S&P 51' 31" E 726.06 feet; thence S00° 41' 58" W, 165.11 feet; thence N88° 51' 16" W, 734.81 feet to the point of beginning. Less and excepting lands contained in Certitted Survey Map No. 2672. Further less and excepting: Pfd : Lorl according to Certified Survey Map Number 5203, Winnebago County Records, filed February 10, 2003 in Volume 1 of Survey Maps ou Page 5203 as Docuttunt Number 1229652, being ripen of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Twenty -seven (27), Township Eighteen (18) Noah, Range Sixteen (16) East, City of Oshkosh, Winnebago County, Wisconsin. Parcewo: Easements beacfimng Parcel One, created by the Declaration of Easements and Covenants and Restrictions Affecting Land recorded February . 2003, in the Office of the Register of Deeds for Winnebago County, Wisconsin. javeel Rights and Easements created in Reciprocal Easement Agreement by and between SbopKo Stores, Inc. and TBLD Cotp., a California Corporation dated November 4, 1992 and recorded • November 19, 1992, as Document No. 817282. Tax Key No. 913- 0850.01 Mar 04 03 02:39p Expert Real Estate Rdv 949- 660 -1377 p.22 43 it;Uirr fro - -SAS. WP'GH' lLP 310-55Z-3ZZ9 T- 359 P PEVELopEws SITE J j C L ONE: Loll according to Certified Survey Map Number 5203, Winnebago County Records, filed February 10, 2003 in Volume 1 of Survey Maps on Page 5203 as Document Number 1229652, being a part of the Southwest Quarter (SW IA) of the Northwest Quarter (NW 1/4) of Section Twgiiry -sevch (27), Township Eighteen (18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County, Wisconsin. PACE- TWO; Easements be nefinhag Parcel One, created by the Deolaration of Easements and Covenants and Resnictiaas Affecting Land recorded February . 2003, in the Office of the Register of Deeds for Winnebago County, Wisconsin. Part of Tax Key No. 913 - 0850 -01 • Mar 04 03 02:39p Expert Real Estate Rdv 949 - 660 -1377 p.23 93 - 0'. - '1:52i rrc- -CASE. KEKS.n..:.RCAM i,'WP'CF" LIP 110 - 552-3229 ' -360 P Z1 /24 F -051 Wlea . 7 Mar 04 03 O2..4Op Expert Real Estate Rdv 949 - 660 -1377 p.24 0-04 -03 12:52av Fro—CASE. 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