Circuit City 2009 Annual Report Download - page 122

Download and view the complete annual report

Please find page 122 of the 2009 Circuit City annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 137

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137

to be inconsistent with the use of the Shopping Center as a community oriented retail shopping center. [Article IX, §2(B)]
Ross Dress for Less: Shopping Center is and will remain retail in character, and, further, that no part of which shall be used for office
purposes (except [a] such space as is so used as of January 1, 1998, [b] that second story space located above the Store and the adjacent T.J.
Maxx premises which is, as of the date of this Lease, occupied by Santa Cruz Furniture, and [c] that space designated on the Site Plan as
“Offices”) or residential purposes, and no part of which within five hundred (500) feet of the Store shall be used as a theatre; auditorium,
meeting hall, or school larger than 3,000 square feet; church or other place of public assembly; “flea market ; ” gymnasium; health club (other
than north of the Center Court shown on the Site Plan); dance hall; billiard or pool hall; massage parlor; video game arcade (other than north of
the Center Court shown on the Site Plan); bowling alley; skating rink; car wash; facility for the sale, leasing or repair of motor vehicles; night
club; adult video store (which are defined as stores at least ten percent (10%) of the inventory of which is not available for sale or rental to
children under 15 years old because such inventory explicitly deals with or depicts human sexuality). Except for restaurant space existing as of
January 1, 1998 and that space which is used as a Blockbuster Music store as of January 1, 1998, no additional restaurant space shall be
permitted in the Shopping Center within five hundred (500) feet of the Store. Notwithstanding anything contained herein to the contrary,
Landlord may (a) lease premises within the Shopping Center for the operations of storefront type financial, banking, insurance, real estate and
brokerage offices, and (provided the same are at least two hundred fifty (250) feet from the Store) dental and medical offices; and (b) permit the
leasing or repair of motor vehicles if such activity is associated with the operation
of a business engaged primarily in the sale of automotive parts
and/or tires and is located at least four (400) feet from the Store. [§ 3.1]
Pizza USA: During the term of this Lease, Landlord agrees hereafter not to enter into any lease for in-line (that is, space with an entrance
directly into the enclosed Mall) space in the Shopping Center owned by Landlord with any tenant whose permitted use includes the right to sell
at retail cooked and prepared ready to eat hot pizza only; subject however to the following terms and conditions including those relating to
restaurants. Nothing contained in this Rider shall limit, impair or otherwise affect (i) Landlord’s leases, tenants or the uses by such tenants under
such leases existing on the date of this Lease, and extensions thereof or (ii) the space reserved for “majors” (i.e. spaces containing 20,000 sq. ft.
of gross leasable area or more), (iii) any space in or upon so-called “outparcels” of the Shopping Center (that is, spaces which do not have
entrances leading directly into the enclosed Mall , including parcels surrounded by or abutting portions of the common areas which are exterior
to the enclosed Mall), or (iv) Landlord’s leases, tenants or their uses respecting the operation of a full service (eat in and take out) restaurant,
including an Italian restaurant, unless such restaurant’s “primary business” (hereafter defined) is comprised entirely of the sale of cooked and
prepared ready to eat hot pizza (for purposes of this sentence, “primary business” shall refer to such a restaurant where more than fifteen (15%)
of its gross sales are derived from the sale at retail of such cooked and prepared ready to eat hot pizza).
Subway: Landlord agrees it shall not enter into a lease for space in the building of which the demised premises forms a part with any other
tenant whose primary business (i.e. occupying more than fifty percent (50%) of its gross leasable area and constituting more than fifty percent
(50%) of its annual gross sales) is the sale of submarine and/or hoagie sandwiches.
Technical Career Institute: Accredited post secondary educational services. If Landlord leases to an accredited post secondary school
or allows “New Horizons” to become an accredited post secondary school, Tenant may terminate the Lease after the twenty-fourth (24 ) month
of the Lease term.
25
th