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�O��OG475
<br />video games andlor any substitutes for or items which are a technological
<br />evolution of video games; or (xv) for the operation of an open-stock branded
<br />footwear store such as Shoe Carnival or Famous Footwear; an open-stock branded
<br />footwear store shall mean a store of which twenty percent (20%) of its sales area
<br />is devoted to the display and sale of open-stock branded footwear; or (xvi) for the
<br />operation of those casual d'uung restaurants with alcoholic beverage service now
<br />known as Ruby Tuesday's, Applebee's, TGI Friday's, Chili's, Houlihan's,
<br />Houston's, McGregor's, O'Charley's, Grady's or Spats; or (xvii) for the operation
<br />of a submarine sandwich store or shop of which more than twenty-five percent
<br />(25%) of the gross sales from the store are represented by the sale of submarine
<br />sandwiches; or (xviii) as a home improvement center, such as Home Depot,
<br />Lowe's or Menard's, a hardware store such as Ace Hardware, or other retail store
<br />whose principal business is the sale of lumber, hardware items, plumbing
<br />supplies, electrical supplies, paint, wallpaper, carpeting, floor coverings, cabinets,
<br />siding, ceiling fans, gardening supplies, nursery products, major appliances, pool
<br />supplies, or Christmas trees, or for any outdoor garden center or greenhouse
<br />selling live plants, trees, shrubbery or other vegetation; or (xUC) for the operation
<br />of a restaurant of which more than twenty percent (20%) of the gross sales from
<br />the restaurant are represented by the sale of hamburgers or frozen desserts or
<br />treats, including, but not limited to, Burger King, McDonald's, Culvers, Wendy's,
<br />Dairy Queen, Hardee's, Arby's and Carl Juniors.
<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 an Olive Garden
<br />restaurant and a Panera Bread restaurant on the Property in compliance with this
<br />Agreement.
<br />B. Buildin�gs 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 two (2) buildings which must adjoin
<br />the other at the common lot line of the two (2) lots comprising the
<br />Property shall be constructed on the Property. The building
<br />situated on Lot 1, Meadowlark West Ninth Subdivision shall not
<br />exceed six thousand (6,000) square feet in gross building area; the
<br />building situated on Lot 2, Meadowlark West Ninth Subdivision
<br />shall not exceed seven thousand five hundred (7,500) square feet in
<br />gross building area. Each such building shall not exceed
<br />twenty-two feet (22') in height as measured from ground floor
<br />elevation; any architectural element may extend above the general
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