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3. The restaurant patio shall be setback a minimum of 20 feet from the nearest exiting lane and shall include a berm and landscape. 4. The height of the building shall not exceed 26 feet in height. 5. The trash enclosure shall include a roof. 6. The Parties hereto recognize that the City, as a part of the PUD approval process, has studied the continuing safety of County Road B westerly driveway in light of the improvements proposed as a part of the amended PUD request. While not requiring closure of this ingress/egress as a part of the approval of the PUD amendment, the parties acknowledge that the City does not waive, and hereby retains, any right which it may have under applicable law to require closure of the ingress/egress, from such westerly driveway in the future, should the City determine, in its reasonable discretion, that traffic safety considerations warrant it. 7. A pedestrian and bicycle access plan shall be submitted for review and approval by the City Engineer prior to the issuance of a building permit. 8. The site plan in the northeast corner of the development (near the existing Firestone auto service center) should be modified to relocate the east leg of the internal intersection immediately adjacent to the County Road B/Har Mar Mall Access (signalized) intersection further south. This will assist in traffic flow in this area. 9. The site plan on the west side of the mall should be modified to update the parking configuration in this area (i.e. 90-degree parking on the east and angled parking on the west side of the drive aisle). 10. The proposed project shall meet all other applicable requirements of §1006 and 1010 of the Roseville City Code. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Ihlan and upon vote being taken thereon, the following voted in favor: Roe, Ihlan and Mayor Klausing and Pust voted against; WHEREUPON said resolution was declared duly passed and adopted. Page 2 of 3