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EXHIBIT D <br /> to <br />ELK RIVER PLAZA <br />PLANNED DEVELOPMENT AGREEMENT <br /> <br />PHASING AND USE PLAN <br /> <br />Phase I: <br /> <br />Construct all Buffers as shown on the Landscape Plan <br /> <br />The following Parcels may be develOped in any order <br />during Phase I: <br /> <br /> Parcel A: ~groSs leasable square foot <br /> shopping center. Use of Parcel A will <br /> be limited to those retail sales and <br /> service establishments permitted in the <br /> C-l, C-2, and C-3 zoning districts. No <br /> business, professional, or other office <br /> use will be permitted on Parcel A. No <br /> building on Parcel A will exceed 35 feet <br /> in height. Provided that the spaces <br /> used solely for grocery supermarket <br /> purposes, the shopping center may be <br /> expanded by 10,000 gross leaseable <br /> square feet as depicted in Exhibit B. <br /> Access to Parcel A will be via Freeport <br /> Avenue and the private drive to be <br /> constructed between Parcel A and Parcels <br /> B and C. Documents to permanently <br /> establish the existence and maintenance <br /> of said private drive shall be received <br /> and approved by the City Attorney and <br /> shall be recorded. This private drive <br /> must be completed prior to occupancy of <br /> Parcel A. Parking on Parcel A shall <br /> include 329 spaces located as shown on <br /> the Site Plan. No building shall be <br /> occupied until the parking facilities <br /> shown have been completed. <br /> <br />Parcel B: <br /> <br />5,000 square foot restaurant. The <br />restaurant on Parcel B shall not exceed <br />35 feet in height. Access to Parcel B <br />will be via Freeport Avenue and the <br />private drive to be constructed between <br />Parcel A and Parcels B and C. Documents <br />to permanently establish the existence <br />and maintenance of said private drive <br />shall be received and approved by the <br />City Attorney and shall be recorded. <br />This private drive must be completed <br />prior to occupancy of Parcel B. Parking <br />on Parcel B shall include 45 spaces <br /> <br /> <br />