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Because the restaurant use on the site plan is conceptual, the parties further stipulate that, <br /> concerning the restaurant use only: (1) the restaurant must be a "Restaurant - full service" <br /> restaurant as that phrase is defined in North Olmsted Codified Ordinance Chapter 1115; (2) the <br /> restaurant shall not be a "Restaurant - fast food" or "Restaurant — limited service" restaurant as <br /> those phrases are defined in North Olmsted Codified Ordinance Section 1115; (3) the restaurant <br /> shall not include a "drive thru" feature; (4) the City shall be consulted in the selection process of <br /> a restaurant brand to be located at Parcel 1A and consent to that restaurant brand must be secured <br /> from the City as part of the development approval process. Consent shall not be unreasonably <br /> withheld. <br /> The restaurant component of Parcel 1A shall be subject to compliance with the Court's <br /> Judgment, the Defendant's zoning, planning and development review and approval process, <br /> including but not limited to, the application of zoning regulations in North Olmsted Codified <br /> Ordinance Chapters 1126, 1161 and 1163. <br /> Respectfully Submitted and Stipulated by Counsel for both parties: <br /> Stephen L. Bittence, Michael R. Gareau, Jr., 0066688 <br /> Tucker Ellis LLP Director of Law, City of North Olmsted <br /> 950 Main Avenue, Suite 1100 5200 Dover Center Road <br /> Cleveland, OH 44113 North Olmsted, OH 44070 <br /> p. (216) 696-3682 p. (440) 716-4261 <br /> f. (216) 592-5009 f. (440) 716-0341 <br /> stephen.bittence @tuckerellis.com gareaum @north-olmsted.com <br /> Attorney for Plaintiff Attorney for Defendant <br /> 3 <br />