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201002047 <br />footwear; or (xiv) fox the operation of those casual dining restaurants with <br />alcoholic beverage service now known as Ruby Tuesday's, Applebee's, TGI <br />Friday's, Chili's, Houlihan's, Houston's, McGregor's, O'Charley's, Grady's or <br />Spats; or (xv) as a home improvement center, such as Home Depot, Lowe's or <br />Menard's, a hardware store such as Ace Hardware, or other retail store whose <br />principal business is the sale of lumber, hardware items, plumbing supplies, <br />electrical supplies, paint, wallpaper, carpeting, floor coverings, cabinets, siding, <br />ceiling fans, gardening supplies, nursery products, major appliances, pool <br />supplies, and Christmas trees, or for any outdoor garden center or greenhouse <br />selling live plants, trees, shrubbery or other vegetation; or (xvi) for the operation <br />of a restaurant or bar with a sports theme or concept as a "Sports Bar"; a Sports <br />Bar shall mean a restaurant and/or bar which has five (5) or more televisions, or <br />any projection programming or broadcasting, or any screens that exceed 37" <br />diagonal, and markets itself to the public for viewing of sporting events; or (xvii) <br />for the operation of a restaurant or bar which serves bone-in or boneless chicken <br />wings as a menu item with two (2) or more types of sauces. <br />B. Buildin s 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) No more than one (1) building shall be constructed <br />on the Property, such building shall not exceed twenty-two feet <br />(22') in height as measured from ground floor elevation; any <br />architectural element may extend above the general roofline by up <br />to flue 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 on any front, side or back elevation, No <br />detached facilities, buildings or structures (except approved <br />signage and an approved dumpster enclosure) of any kind shall be <br />constructed on the Property. <br />(3) Any building constructed on the Property shall not <br />exceed four thousand five hundred (4,500) square feet in gross <br />building floor area including any drive-thru areas and canopies. <br />(4) Any rooftop equipment or building components <br />shall be screened from public view from public streets. <br />(5) No rooftop sign shall be erected on any building <br />constructed within the Property. <br />491389.6 3 <br />