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200500546 <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 />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 />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 />A. Use of Property. The building constructed within the Property <br />shall be used initially as a single story full- service casual dining restaurant <br />building not to exceed a gross floor area of six thousand (6,000) square feet of <br />gross floor area. The Property shall not be occupied or used (i) for any purpose <br />or use which violates the provisions of Article 5 of the Declaration; or (ii) as a <br />discount department store or other discount store; or (iii) as a supermarket or <br />grocery store; or (iv) as a drug store; or (v) as a pharmacy; or (vi) as a facility <br />dispensing gasoline or petroleum products or as a convenience food mart, or <br />combination of both; or (vii) as an establishment dispensing prescription drugs; <br />or (viii) as a general merchandise store or department store; or (ix) for the sale <br />of any food items or products except that the operation of a full- service casual <br />dining restaurant or a full- service restaurant, including beer, wine and liquor <br />sales incidental to such restaurant use, not in excess of six thousand (6,000) <br />square feet of gross floor area, is expressly permitted; or (x) for the retail sale <br />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 (xi) automobile or truck repair facility; or <br />(xii) as a thrift store or liquidation outlet; or (xiii) as a coin operated laundry; or <br />(xiv) as a beauty school or place of instruction or any other operation catering <br />primarily to students or trainees rather than retail customers; or (xv) sale of <br />beauty supply items; or (xvi) sale of electronic equipment and components; or <br />(xvii) retail sale of health foods, vitamins or mineral supplements; or (xviii) <br />operation of a haircutting or hairstyling salon; or (xix) sale of pizza for on <br />premises or off premises consumption; or (xx) sale, rental and /or distribution of <br />N <br />