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TERMS AND CONDITIONS <br />1. Section 5 of the Fifth Amendment no longer applies to the Dillon Rd Property. <br />2. Permitted Uses. The following uses shall be permitted on the Dillon Rd Property: <br />(a) Any retail trade or service business; professional, business, and <br />administrative offices; art galleries; "standard restaurants" and "fast food <br />restaurants" without drive-thru service, as defined in Section 7 of the <br />Fifth Amendment; sidewalk cafes; medical clinics; animal hospitals and <br />clinics; financial offices, including banks and savings and loans; <br />governmental and public facilities; health or athletic clubs, spas, dance <br />studios, and fitness studios; retail marijuana stores, retail marijuana <br />testing facilities, medical marijuana centers and medical marijuana <br />testing facilities. <br />3. Use by Special Review. The following uses shall be permitted by special review <br />on the Dillon Rd Property; <br />(a) Religious institutions; child care facilities. <br />4. Effect of Amendment. This Amendment shall become effective immediately <br />upon execution by the parties. Except as amended hereby, the Development Agreement <br />and previous Amendments thereto shall remain in full force and effect in accordance <br />with their terms. <br />[Remainder of page intentionally left blank] <br />