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As negotiations continue for the sale of the city-owned parking lot to Hy-Vee, thus opening the door for the moving of the grocery store to the former Shopko location, one question remains unanswered: What business might locate in the old Hy-Vee building?
In partial answer to that question, Hy-Vee has filed a Declaration of Use Restrictions with the State of Iowa that provides a lengthy list of what CANNOT open in the old facility.
A summary of prohibited businesses includes:
a) the sale of (i) edible perishable products, including, but not limited to fruits, vegetables, meat and seafood; (ii) pre-packaged food and/or pre-packaged beverages would be allowed so long as the sale of such products does not exceed one percent (1%) of the gross sales of such business; (iii) and the sale of alcoholic beverages for off premises consumption and/or (iv) prescription and/or over-the-counter pharmaceuticals.
NOTE: A sit-down restaurant would be allowed under terms of the declaration.
b) a grocery store, supermarket, or specialty food store.
c) a pharmacy and/or drug store;
d) a retail store marketed as any form of “dollar store”;
e) a retail and/or club and/or wholesale store that sells non-food merchandise that includes a grocery section or department;
f) a convenience store (with or without gas) and/or gasoline station;
g) a retail store marketed as any type of bakery or bakery outlet;
h) any lockers, lock-boxes, or other type of storage system that is used to recceive or store merchandise from a catalog or online retailer;
i) the fulfillment, receiving, storage or distribution of merchandise from a catalog or online sales;
j) manufacturing use, industrial use, warehouse, wholesale or distribution facility;
• coin operated laundry facility; dry cleaning plant (however, a dry cleaning drop-off only location is not prohibited); pornographic or “triple-x” video or adult book store; bowling alley; billiard parlor; health club; skating rink; dance hall; movie theater; flea market; banquet hall; funeral parlor; off-track betting establishment; tattoo parlor; craft or antique store; night club or any other business serving alcoholic beverages (except only as an incidental part of the operation of a sit-down restaurant);
• the use of the parking lot, storm water detention facility, green-space and other features of the old facility by any adjacent property that is used for any of the restricted uses.
Should a future business in the old facility violate any of the restrictions listed above, Hy-Vee has stated this penalty: the greater of (a) thirty percent (30%) of the gross sales generated by the business or (b) Two Thousand Dollars and NO/100 ($2,000.00) per day.
While the restrictions will last in perpetuity, Hy-Vee reserves the right to terminate any of the listed restrictions at any time by amending the declaration.