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<br />200511410 <br /> <br />successors and assigns agree to assume and perform all of the obligations under the <br />Declaration, if any, imposed on the owner of the Property or which are applicable to the <br />Property. Developer shall be responsible to perform all of the obligations under the <br />Declaration arising or accruing prior to the acquisition of the Property by the Owner, if any, <br />imposed on the owner of the Property or which are applicable to the Property. <br /> <br />2. Plans. Prior to the commencement of any building or any other improvements <br />on the Property, Owner shall deliver to Developer or its designee (i) a Site Plan of the <br />Property depicting any building and all other improvements to be constructed on the Property <br />(such building and other improvements are referred to collectively as the "Project"); and (ii) <br />architecturally certified Plans and Specifications of the Project, including elevations of the <br />building, landscaping plans, and exterior signage drawings. Developer shall have a period of <br />fifteen (15) business days after receipt within which to review and either (a) approve, (b) <br />partially approve and suggest revisions with respect to the balance, or (c) reject such Plans, <br />which approval by the Developer will not be unreasonably withheld provided such Plans are <br />consistent with and reflective of the other provisions of this Agreement. <br /> <br />3. Restrictions. The Property shall be subject to the following restrictions which <br />may be deleted or modified only with the prior consent of Developer which may be withheld in <br />its sole discretion: <br /> <br />A. Use of Property. The building constructed within the Property <br />shall be used as a free standing single use building or buildings not to exceed a <br />gross floor area of two thousand (2,000) square feet devoted exclusively to the <br />sale of coffee drinks. The Property may include an outdoor sitting/patio area. <br />The Property shall not be occupied or used (i) for any purpose or use which <br />violates the provisions of the Declaration referred to in Paragraph 1 of this <br />Agreement; or (ii) as a discount department store or other discount store; or (iii) <br />as a supermarket or grocery store; or (iv) as a drug store; or (v) as a pharmacy; <br />or (vi) as a facility dispensing gasoline or petroleum products or as a <br />convenience food mart, or combination of both; or (vii) as an establishment <br />dispensing prescription drugs; or (viii) as a department store; or (ix) for the <br />retail sale of pets (including but not limited to fish, birds, reptiles, dogs, cats <br />and other small mammals), pet grooming, veterinary and other pet services, pet <br />food, pet accessories and other pet products; or (x) as an automobile or truck <br />repair facility; or (xi) as a thrift store or liquidation outlet; or (xii) as a coin <br />operated laundry; or (xiii) for the sale of electronic equipment and components; <br />or (xiv) for the retail sale of health foods, vitamins or mineral supplements; or <br />(xv) for the sale, rental and/or distribution of prerecorded videocassettes, video <br />games (including without limitation CD-I), video tapes, video discs or video <br />software and/or any substitutes for or items which are a technological evolution <br />of the foregoing items; or (xvi) for the operation of an open-stock branded <br />footwear store such as Shoe Carnival or Famous Footwear; an open-stock <br />branded footwear store shall mean a store of which twenty percent (20 %) of its <br /> <br />2 <br />