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2. That Restaurant Property Investors II, LLC is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct a restaurant with adrive-through facility at 1501 Frederick Boulevard, Portsmouth, Virginia, and being more particularly described as: UP-15-04 1501 Frederick Boulevard ALL THAT certain parcel of lot, piece or parcel of land, with the improvements thereon, lying, situate and being in the City of Portsmouth, Virginia, and being known, numbered and designated as "PARCEL D-2" as shown on that certain plat entitled "SUBDIVISION OF PARCEL D MIDTOWN MARKETPLACE (MB 23, PG 193), PORTSMOUTH, VIRGINIA", dated August 14, 2014, made by MSA, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia in Map Book 23 at page 244. BEING a part of the property conveyed to Midtown Marketplace, LLC by Deed of Bargain and Sale from Economic Development Authority of the City of Portsmouth, Virginia dated September 9, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia as Instrument r Number 140008456. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development shall be in substantial compliance with the plan entitled Taco Bell -Portsmouth, VA Use Permit Application prepared by Curry Engineering dated February 2015 and the rendered elevations entitled Taco Bell, 1267 Frederick Boulevard, Portsmouth, VA prepared by Mark D. McCluggage, AIA, CCS dated October 2014, except where modifications may be required to comply with the requirements of the City Code. (b) Landscaping improvements on the site shall be consistent in design and materials with those in the approved plans for the Frederick Boulevard Streetscape Demonstration Project.