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any services and items which are a technological evolution of any of the foregoing services, equipment and/or accessories; or (xvii) for the operation of a submarine sandwich store or shop of which more than twenty -five percent (25 %) of the gross sales from the store are represented by the sale of submarine sandwiches; or (xviii) as a home improvement center, such as Home Depot, Lowe's or Menard's, a hardware store such as Ace Hardware, or other retail store whose principal business is the sale of lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper, carpeting, floor coverings, cabinets, siding, ceiling fans, gardening supplies, nursery products, major appliances, pool supplies, and Christmas trees, or for any outdoor garden center or greenhouse selling live plants, trees, shrubbery or other vegetation. As an inducement to and in consideration for Developer's sale of the Property to Owner, Owner agrees that it will construct a four (4) story Hotel on the Property in compliance with this Agreement. B. Buildings and Site Improvements. The Property shall be developed under the following standards: (1) The design and construction of any building or any remodeling, reconstruction or permitted expansion thereof shall be of high quality. Any building constructed within the Property shall have a decorative concrete block, stone, brick or EIFS exterior or other similar material reasonably acceptable to Developer. (2) No more than one (1) building shall be constructed on the Property, such building shall not exceed twenty -two feet (22') in height as measured from ground floor elevation unless such building shall be used and operated as a Hotel, in which event such building may not exceed four (4) stories and fifty -seven feet (57') in height; any architectural element may extend above the general roofline by up to five feet (5') with a total aggregate width of such element along any single roofline of no more than twenty percent (20 %) of the length of the roofline on any front or side elevation. No detached facilities, buildings or structures (except approved signage and an approved dumpster enclosure) of any kind shall be constructed on the Property. (3) The Hotel constructed on the Property shall not exceed seventy -five thousand (75,000) square feet in gross building floor area including any drive -thru areas and canopies. (4) Any rooftop equipment or building components shall be screened from public view from all directions. 3 201500495