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As an inducement to and in consideration for Developer's sale of the <br />Property to Owner, Owner agrees that it will construct a retail and/or office <br />building and Raising Cane's restaurant on the Property in compliance with this <br />Agreement. <br />B. Buildings and Site Improvements. The Property shall be <br />developed under the following standards: <br />(1) The design and construction of any building or any <br />remodeling, reconstruction or permitted expansion thereof shall be <br />of high quality. Any building constructed within the Property shall <br />have a decorative concrete block, stone, brick or EIFS exterior or <br />other similar material reasonably acceptable to Developer. <br />(2) No more than two (2) buildings shall be constructed <br />on the Property. Each such building shall not exceed twenty -five <br />feet (25') in height as measured from ground floor elevation; any <br />architectural element may extend above the general roofline by up <br />to five feet (5') with a total aggregate width of such element along <br />any single roofline of no more than twenty percent (20 %) of the <br />length of the roofline on any front, side or back elevation. No <br />detached facilities, buildings or structures (except approved <br />signage and an approved dumpster enclosure) of any kind shall be <br />constructed on the Property. <br />(3) The retail and/or office building constructed on the <br />Property shall not exceed six thousand (6,000) square feet in gross <br />building area, and the stand alone Raising Cane's restaurant <br />building shall not exceed four thousand (4,000) square feet in gross <br />building area. The Raising Cane's Property must be developed <br />within one (1) year from the closing date. The remaining Property <br />shall be developed and used for a retail and/or office use <br />commonly found in first class shopping centers located in <br />Nebraska. The site plan, landscaping plan, grading plan, building <br />elevations, colors and materials and signage for the retail/office <br />building must be approved by the Developer. <br />(4) Any rooftop equipment or building components <br />shall be screened from public view from all directions. <br />(5) No rooftop sign shall be erected on any building <br />constructed within the Property. <br />(6) Subject to governmental approval and municipal <br />regulations, only one freestanding monument identification sign <br />may be erected on the Property in a design and location approved <br />4 <br />201504202 <br />