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<br />200801581
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<br />approval by the Developer will not be unreasonably withheld provided such Plans are consistent
<br />with and reflective of the other provisions of this Agreement.
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<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:
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<br />A. Use of Property. As an inducement to and in consideration for
<br />Developer's sale of the Property to Owner, Owner agrees that it will construct a hotel not
<br />exceeding three (3) stories on the Property in compliance with this Agreement generally
<br />in accordance with the site plan attached hereto as Exhibit "A" and incorporated herein
<br />by this reference. The Property shall not be occupied or used (i) for any purpose or use
<br />which violates the provisions of Article 2.10 and Article 3 of the Declaration, as amended
<br />from time to time in accordance with the terms of the Declaration, and which Articles are
<br />incorporated herein by this reference, which reference herein shall survive any
<br />revocation of the same, unless Developer expressly permits such use in accordance
<br />with Article 3; or (ii) as a discount department store or other discount store; or (iii) as a
<br />supermarket or grocery store; or (iv) as a drug store; provided, however, the sale of
<br />pharmaceutical products in a gift shop or sundries store operated in connection with the
<br />operation of a hotel shall be permitted; or (v) as a pharmacy; provided, however, the sale
<br />of pharmaceutical products in a gift shop or sundries store operated in connection with
<br />the operation of a hotel shall be permitted, or (vi) as a facility dispensing gasoline or
<br />petroleum products or as a convenience food mart, or combination of both; or (vii) as an
<br />establishment 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 and other
<br />small mammals), pet grooming, veterinary and other pet services, pet food, pet
<br />accessories and other pet products; or (x) automobile or truck repair facility; or (xi) as a
<br />thrift store or liquidation outlet; or (xii) as a coin operated laundry; or (xiii) sale of
<br />electronic equipment and components; or (xiv) retail sale of health foods, vitamins or
<br />mineral supplements; or (xv) sale, rental and/or distribution of prerecorded
<br />videocassettes, video games (including without limitation CD-I), video tapes, video discs
<br />or video software and/or any substitutes for or items which are a technological evolution
<br />of the foregoing items; or (xvi) the operation of an open-stock branded footwear store
<br />such as Shoe Carnival or Famous Footwear; an open-stock branded footwear store shall
<br />mean a store of which twenty percent (20%) of its sales area is devoted to the display
<br />and sale of open-stock branded footwear; or (xvii) the operation of those casual dining
<br />restaurants with alcoholic beverage service now known as Ruby Tuesday's, Applebee's,
<br />TGI Friday's, Chili's, Houlihan's, Houston's, McGregor's, O'Charley's, Grady's or Spats;
<br />or (xviii) the operation of a submarine sandwich store or shop of which more than
<br />twenty-five percent (25%) of the gross sales from the store are represented by the sale
<br />of submarine sandwiches; or (xix) as a home improvement center, such as Home Depot,
<br />Lowe's or Menard's, hardware store such as Ace Hardware, or other retail store whose
<br />principal business is the sale of lumber, hardware items, plumbing supplies, electrical
<br />supplies, paint wallpaper, carpeting, floor coverings, cabinets, siding, ceiling fans,
<br />gardening supplies, nursery products, major appliances, pool supplies, and Christmas
<br />trees, or for any outdoor garden center or greenhouse selling live plans, trees, shrubbery
<br />or other vegetation.
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<br />B. Buildinqs and Site Improvements. The Property shall be developed under
<br />the following standards:
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<br />409635.4
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