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October 25, 2016 BEGINNING at the southeastern intersection of High Street and Washington Street; thence east along the southern side of High Street 90 feet; thence south and parallel with Washington Street 105 feet; thence west and parallel with High Street 90 feet to Washington Street; and thence north along the eastern side of Washington Street 105 feet to its intersection with the southern side of High Street, the point of beginning. Said property being the same property shown on a certain plat entitled “Plat of Portsmouth City Jail Lot,” attached to and recorded with an agreement in the Clerk’s Office for the Court of Hustings for the City of Portsmouth, in Deed Book 511, page 283. TOGETHER WITH the right for the building thereon to encroach upon the property of the Young Men’s Christian Association of Portsmouth, Virginia, which adjoins the above described property on the east to the extent that it now encroaches thereon and as set forth in a certain agreement between the Young Men’s Christian Association of Portsmouth, Virginia and Office Building Corporation dated March 15, 1968 and duly recorded in the Portsmouth Circuit Court Clerk’s Office. BEING Parcel One of the property conveyed to Leathel Holding Corporation by deed from Office Building Corporation, dated October 28, 1969 and recorded in the Portsmouth Circuit Court Clerk’s Office in Deed Book 542 at Page 325. 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 proposed development shall be in substantial compliance with the floor plans entitled Proposed Conversion of the Professional Building into Apartments, Portsmouth, Virginia (First Floor Plan, Second Floor Plan, and Third Thru Seventh Floor Plans) dated July 14, 2016 and prepared by Dan. E. Griffin, Architect, AIA, PC, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations, including any modifications required by City Ordinances and the City Code during plan review and approval. (b) The proposed development shall comply with the requirements of the “55 or older” housing exemption under the federal Fair Housing Act. (c) The number of dwelling units in the development shall not exceed 27. (d) The applicant shall obtain approval for all remaining exterior improvements, including signage, from the Downtown Design Committee. (e) All taxes/fees associated with the property and/or the proposed use shall be paid when due, as determined by the City Treasurer. REVOCATION OF PERMIT: 4. Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council.” Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Whitaker, Wright Nays: None Motion by Dr. Edmonds, and seconded by Mr. Meeks, to adopt the following resolution approved on first reading at the October 11, 2016 meeting, and was adopted by the following vote: 16-323(c): “RESOLUTION GRANTING A USE PERMIT (UP-16-11) TO PANDA RESTAURANT GROUP, INC. TO DEVELOP A RESTAURANT WITH DRIVE-THROUGH SERVICE LOCATED ON AN APPROXIMATELY 0.73 ACRE OUTPARCEL TO BE SUBDIVIDED FROM 1098 FREDERICK BOULEVARD.