HomeMy WebLinkAboutMY Nojo Chick fil A Restrictive Covenant 07072026
After Recording, please return to:
[BUYER TO PROVIDE]
[BUYER TO PROVIDE]
[BUYER TO PROVIDE]
RESTRICTIVE COVENANT
Pursuant to that certain Purchase and Sale Agreement and Receipt for Earnest Money, dated as of April 28, 2026 (the “Purchase Agreement”), MY Nojo LLC, an Idaho limited liability company
(“Granter”), has agreed to convey to WIW, LLC, a [Washington] limited liability company ("Grantee"), a parcel of real estate described on Exhibit A attached hereto (the “Purchased Property”).
One of the terms of the Purchase Agreement requires Granter to record a Restrictive Covenant affecting the use of certain of Grantor's other property, as expressly provided in this Restrictive
Covenant.
THEREFORE, in consideration of the terms and conditions contained in the Purchase Agreement, Granter promises and declares that during the Term (as defined below) the property described
on Exhibit B (the “Restricted Property”) will not be leased, used or occupied as a Restaurant (as defined below) selling or serving chicken as a Principal Menu Item (as defined below).
For purposes of this Restrictive Covenant, “Term” shall mean the period commencing on the date of this Restrictive Covenant and continuing for so long as the Purchased Property is
being used for the operation of a Chick-Fil-A restaurant; “Restaurant” includes any business establishment, including, without limitation, a kiosk, stand, booth, food truck or area
located inside another business facility; and “Principal Menu Item” shall mean a Restaurant deriving 25% or more of its gross sales from the sale of chicken. In addition to the preceding
restriction, during the Term, no portion of the Restricted Property shall be leased, used or occupied by of for any of the following: McDonald’s, Wendy’s, Arby’s, Boston Market, Kentucky
Fried Chicken, Popeye’s, Church’s, Bojangle’s, Mrs. Winner’s, Carl’s Jr., Hardee’s, Chicken Out, Zaxby’s, Ranch One, El Pollo Loco, Pollo Campero, Pollo Tropical, Raising Cane’s, Chester’s,
Bush’s Chicken, Biscuitville, Chicken Now, PDQ, ChikWich, Ezell’s Famous Chicken, Roy Rogers, Slim Chickens, Shake Shack, Buffalo Wild Wings, Raise the Roost Chicken Biscuits, Angry
Chickz, Dave’s Hot Chicken, Birdcall, Chicken Shack, Super Chix, Wing Stop, Starbird or Habit Burger.
Notwithstanding the foregoing restrictions, in no event is this Restrictive Covenant intended to bind Chick-Fil-A, or its successors or assigns, on any portion of the Purchased Property
or the Restricted Property.
This Restrictive Covenant shall run with the land and shall inure to the benefit of Grantee and be binding upon Grantor and Grantor's successors and assigns.
[Signature Page Follows]
Grantor has executed this Restrictive Covenant, dated as of _____________, 2026.
GRANTOR:
MY Nojo LLC,
an Idaho limited liability company
By:___________________________
Name: Shiro Fujimoto
Title: Manager
By:___________________________
Name: Atsu Fujimoto
Title: Manager
STATE OF IDAHO )
) ss.
COUNTY OF MADISON )
On this _____ day of _________________, 2026, before me, __________________________, a Notary Public in and for said State, personally appeared Shiro Fujimoto, known or identified to
me to be Manager of MY Nojo LLC, an Idaho limited liability company, or the persons who executed the instrument on behalf of said company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date above.
______________________________________
Notary Public
My commission expires___________________
STATE OF IDAHO )
) ss.
COUNTY OF MADISON )
On this _____ day of _________________, 2026, before me, __________________________, a Notary Public in and for said State, personally appeared Atsu Fujimoto, known or identified to
me to be Manager of MY Nojo LLC, an Idaho limited liability company, or the persons who executed the instrument on behalf of said company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date above.
______________________________________
Notary Public
My commission expires___________________
Exhibit A
Purchased Property
[Insert Legal Description of CFA Property]
Exhibit B
Restricted Property
[Insert Legal Description of Lot 3 consisting of approximately 1.2 acres]