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200315719 <br />NOW, THEREFORE, Declarant for itself, its successors and assigns does hereby declare that the <br />Burdened Property shall be subject to and shall be used in conformance with the following covenants, <br />restrictions and agreements: <br />The ownership, development and use of the Burdened Property and any and all buildings, <br />structures or other improvements (each an "Improvement" and collectively, the "Improvements ") shall be <br />restricted, burdened and subject to all of the limitations as set forth below. <br />a. No Improvement or any equipment or other item protruding from any Improvement <br />located upon the Burdened Property shall exceed thirty (30) feet in height above <br />grade, not including architectural elements, which element shall not exceed an <br />additional five (5) feet in height and all equipment and other items located upon any <br />Improvement shall be screened in a manner satisfactory to Declarant. No rooftop <br />sign shall be erected or maintained upon any Improvement located upon the <br />Burdened Property. <br />b. The Improvements constructed and/or maintained upon the Burdened Property shall <br />not exceed the gross square feet in size as depicted on the site plan of the Burdened <br />Property (the "Site Plan"), attached hereto as Exhibit C, either individually or in total. <br />C. No freestanding identification sign shall be erected on the Burdened Property or any <br />portion thereof without the prior written approval of Declarant, and in no event shall <br />such freestanding identification sign either exceed the height of any Improvement <br />located or to be located upon the Burdened Property or block the visibility of any <br />improvements located upon the Bank Property. Notwithstanding the foregoing, there <br />may be erected on the Burdened Property entrance -exit signs to facilitate the free <br />flow of traffic, which entrance -exit signs shall be of a monument type, not to exceed <br />3' 3" in height, the type and location of such signs to be approved by Declarant. <br />d. No Improvements shall be constructed, erected, expanded or altered upon the <br />Burdened Property until the plans and specifications describing the same (including <br />site layout, exterior appearance and parking) have been approved in writing by <br />Declarant. Said Improvements shall comply with the Minimum Architectural <br />Standards attached hereto as Exhibit D. <br />e. In developing and using the Burdened Property, the owner of the Burdened Property <br />and any portions thereof shall continuously provide and maintain parking ratios on <br />such Burdened Property: (i) in accordance with local zoning requirements applicable <br />to the Burdened Property, or (ii) in the event the local zoning requirements applicable <br />to the Burdened Property require fewer parking spaces than that which is required <br />below, as follows: (A) with respect to any Burdened Property or portion thereof <br />containing Improvements used as a restaurant or for any entertainment purpose, <br />which Improvements contain 5,000 or more gross square feet, such Burdened <br />Property or portion thereof must contain 15 legally- conforming parking spaces for <br />every 1,000 gross square feet of Improvements located upon such Burdened <br />2 <br />