Ogden Commons Shopping Center

What Ogden Commons Shopping Center's governing documents say

This is a commercial property easement and restriction document for Ogden Commons Shopping Center in Wilmington, NC. It does not govern residential use—it applies to owners, tenants, and lenders of the shopping center and its four outparcels. The document primarily protects the rights of major anchor tenants (Food Lion, Eckerd, Hollywood Video, Waffle House, Minuteman Xpress Lube) by limiting what competing businesses can operate on the outparcels.

• Who this document binds: The restrictions and easements run with the land and bind current and future owners of the shopping center and outparcels, as well as the holders of any first mortgage or deed of trust. The document is not a set of rules for shoppers, residents, or residential tenants.
• Use restrictions for outparcels: No outparcel may be used for a supermarket, grocery store, convenience food store, or any business that primarily sells packaged food, seafood, meat, produce, dairy, or bakery items for off-premises consumption. Additional prohibitions apply without written consent from Food Lion, including restaurants, theaters, health spas, child care centers, skating rinks, bowling alleys, dairy stores, and establishments selling alcohol for on-premises consumption.
• Permitted fast-food restaurants: A nationally known fast-food restaurant is allowed on an outparcel if it provides at least five parking spaces per 1,000 sq ft of building area, does not have reciprocal parking easements, limits on-premises beer/wine sales to no more than 50% of total sales, and does not sell other alcoholic beverages without Food Lion's written consent. The document lists examples: McDonald's, Pizza Inn, Hardee's, Arby's, Waffle House, Burger King, Dairy Queen, Roy Rogers, Pizza Hut, Kentucky Fried Chicken, Church's Fried Chicken, Tastee Freeze, and Taco Bell.
• Building height and parking: No building on any outparcel may exceed one story or 25 feet in height. On-site parking must be maintained at a ratio of five automobile spaces per 1,000 square feet of building area.
• Protected uses for specific tenants: Eckerd Corporation has the right to prohibit pharmacies or prescription drug sales on outparcels other than its own. Hollywood Entertainment Corporation can block any business that primarily competes with renting or selling video cassettes, discs, or electronic equipment. Waffle House can prohibit any 24-hour breakfast-oriented restaurant on outparcels other than its own. Minuteman Xpress Lubes can prohibit any quick-lube or direct-competitor business (examples: Jiffy Lube, Quick 10, Grease Monkey, Q-Lube, Valvoline Instant Oil Change).
• Access and utility easements: The outparcels have a non-exclusive easement over the shopping center's common areas for vehicular and pedestrian access, as well as for utility lines (including wires, pipes, sewers, drainage, and retention ponds). The shopping center owner may relocate or rearrange common areas, but the two driveways giving Eckerd direct access to Market Street and Gordon Road cannot be relocated or rearranged without Eckerd's consent while its lease is in effect.
• Amendment and enforcement: The declaration may be amended only with the written consent of the owner of the shopping center, all outparcel owners, and all first mortgage/deed-of-trust holders. Breach may be enforced by injunction or specific decree, and the prevailing party in any enforcement action is entitled to reasonable attorneys' fees and costs.
• What this document doesn't cover: This is not a full set of rules—it does not address property taxes, insurance, maintenance responsibilities, dispute resolution among owners, or any residential or homeowner-related matters. It also does not impose any restrictions on the shopping center itself (only on the outparcels).

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.