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A.Primary access to the restaurant area shall be from within the existing retail <br />nursery space. No separate access shall be permitted that would be intended to <br />be the primary access for concession stand customers. <br />B.Any request to expand the use beyond a concession stand use shall be reviewed <br />as an amendment to the PUD Agreement. <br />C.Expansions to the use would be any increase to the seating capacity beyond 44, <br />dedicating more than 500 s.f. of the floor area of the building to public seating <br />area or devoting more than 900 s.f. to the concession stand use. <br />The hours of operation of the concession stand shall be limited to the normal <br />operating hours of the retail to which it is accessory. <br />4.Conditionally Permitted Uses: The Conditionally Permitted uses shall remain in <br />compliance with the Agreement. <br />5. Site Access: Site access remains unchanged from the Agreement. <br />6.Building Design and Construction: The building design and construction are unchanged <br />from the Agreement. <br />7. Height: The height is unchanged. <br />8. Signs: No exterior signage is permitted to exclusively advertise for the restaurant use. <br />Other signage shall be in conformance with the Agreement. <br />9. Compliance: The obligations of compliance in the Agreement are extended to include this <br />Amendment 2. <br />10. Binding Effect: The binding effect of the Agreement is extended to include this <br />Amendment 2. <br />11. Notices: The notice provisions of the Agreement are extended to include this Amendment <br />2. <br />12. Incorporation bv Reference: The provisions of this is extended to this Amendment 2. <br />13. Disclaimer bv Citv: The Disclaimer in the Agreement is extended to this Amendment 2. <br />14. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the <br />Agreement is extended to this Amendment 2. <br />Page 2 o£ 5 <br />1 <br />1