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10. That the applicant be responsible for its pro-rata share of <br /> the interim street improvements at the intersection of Santa <br /> Rita Road and Pimlico Drive and the intersection of the <br /> westbound 1-580 off-ramp and Tassajara Road, as determined by <br /> the City Engineer. Payment of this pro-rata share shall be <br /> made when directed by the City Engineer. <br /> <br /> 11. That at no time shall the sale of any alcoholic beverage be <br /> permitted at the food mart facility. <br /> <br /> 12. That prior to the food mart beginning its use, the applicant <br /> shall record covenants, conditions, and restrictions between <br /> the various parcels to be created giving each tenant, or <br /> owner, the right to enforce -- and to have enforced by local <br /> police officials, employees, or private security services -- <br /> traffic, public drinking, loitering, and other laws and <br /> regulations when violated anywhere on the site subject to the <br /> PUD development plan. Approval shall be subject to securing <br /> similar enforcement rights on the grounds of the adjoining <br /> Pimlico Plaza property. The owner, tenant, and/or employees <br /> of the food-mart shall be responsible for maintaining the <br /> exterior of the food mart premises free of loitering, public <br /> drinking, or other nuisance, and he shall also be responsible <br /> for controlling any such nuisances caused by his customers <br /> elsewhere on this project site and the adjoining Pimlico <br /> Plaza site. In the event nuisances are created through the <br /> operation of the food mart, as determined by the Planning <br /> Commission following a hearing process as set forth in the <br /> Municipal Code for review of and revocation of conditional <br /> uses, the City may require the mini-mart use to cease <br /> operation. <br /> <br /> 13. That there shall be no truck deliveries, parking lot sweeping <br /> or garbage pick-up between the hours of 10:00pm and 6:00am. <br /> Fuel delivery trucks are exempt from these restrictions. <br /> <br /> 14. That any future restaurant user that locates in the retail <br /> building be required to keep the rear doors closed at all <br /> times. <br /> <br /> 15. That the western elevation of the retail building be revised <br /> to include a repeating arched brick pattern (projecting) to <br /> match the archway of the front building elevation. The final <br /> design of this wall enhancement shall be submitted for review <br /> and approval of the Planning Director prior to issuance of <br /> any building permits. <br /> <br />2/16/88 - 7 - <br /> <br /> <br />