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200907770 <br />Christmas trees, or for any outdoor garden center or greenhouse selling live <br />plants, trees, shrubbery or other vegetation. <br />As an inducement to and in consideration for Developer's sale of the <br />Property to Owner, Owner agrees that it will construct initially a Marriott <br />Fairfield Inn on the Property in compliance with this 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) Subject to Section 3.B.(4) below, no more than are <br />(1) building shall be constructed on the Property, such building <br />shall not exceed twenty-two feet (22') in height as measured from <br />ground floor elevation unless such building shall be used and <br />operated as a hotel, in which event such building may not exceed <br />four (4) stories and fifty-seven feet (57') in height; 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 an any front or side elevation. No detached <br />facilities, buildings or structures (except approved signage and an <br />approved dumpster enclosure) of any kind shall be constructed on <br />the Property. <br />(3) The Hotel initially constructed on the Property shall <br />not exceed seventy-five thousand (75,000) square feet in gross <br />building floor area including any drive-thru areas and canopies. <br />(4) Notwithstanding anything to the contrary in this <br />Development Agreement, Owner may construct no more than two <br />(2) buildings on the Property. With the Hotel initially constructed <br />on the Property, Owner may construct one (1) additional building <br />on the Property not exceeding five thousand (5,000) square feet in <br />gross building area including drive-thru areas and canopies to be <br />used only as a full service restaurant. Such additional building <br />shall not exceed twenty-two feet (22') in height as measured from <br />ground floor elevation. All requirements of and obligations of <br />Owner under this Development shall apply with equal force to the <br />Additional Building. Owner may subdivide the Property into two <br />(2) lots to allow for the construction of both a permitted hotel and a <br />3 <br />