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E. The Property Owner or their successors, shall be responsible for maintenance of
<br />landscaping in the public right-of-way along the Marina Boulevard and Teagarden
<br />Street frontages excluding any islands or dividers.
<br />F. There shall be no use of any parking space, loading area or other outside area of the
<br />site for storage of inoperable vehicles, boats, recreation vehicles of any type,
<br />camper tops, stock in trade, trash or refuse, equipment or other materials unless
<br />prior authorization has been granted by the Zoning Enforcement Official.
<br />G. The pennants and flags on the property shall be maintained in a neat, clean,
<br />undamaged condition at all times; said pennants and flags shall be kept free of any
<br />copy, logos, advertising and any other similar graphics other than the name of the
<br />shopping center and/or its website address and words that are not specifically
<br />advertising like "Welcome" or "Happy Holidays" for example.
<br />IX. USE RESTRICTIONS
<br />A. It is the intent of the City that Marina Square development be operated and
<br />maintained as a first class, high quality promotional shopping center. To that end,
<br />the City has relied upon the statements of representations in the record concerning
<br />the skill, financial resources and experience of the developer. In the event the center
<br />is sold or conveyed to a third party not otherwise owned, operated or controlled by
<br />developer, the following standards shall govern. No individual use shall (i) cause a
<br />disproportionately higher parking demand for the entire center*;(ii) create
<br />significant adverse traffic impacts within the site or on adjacent public streets*; (iii)
<br />appear architecturally incongruous or incompatible by the use of standard colors,
<br />logos (except within the approved signage plan), architectural features or other
<br />means of identification; (iv) create a significantly higher demand for public
<br />services; (v) operate in a manner which substantially impairs the taxable value of
<br />the center in comparison to other comparable shopping centers in the City.
<br />B. Uses and tenancies shall be those uses customarily associated with a high quality
<br />promotional center with predominantly retails sales of new merchandise, consisting
<br />primarily of ready-to-wear clothing, soft goods and/or other goods customarily sold
<br />by a high quality department store. Sales of secondhand, used, government surplus,
<br />or discarded merchandise are not permitted.
<br />C. Individual tenancies which predominantly sell groceries, liquor, personal services,
<br />dry cleaning services, confections, baked goods, flowers, gifts, pets, books,
<br />stationery, eyeglasses, artwork, drugs, hardware, home improvement or home
<br />decorating supplies, records and tapes, and sundries shall be subject to prior
<br />approval of the Zoning Enforcement Official. Health clubs, weight loss centers,
<br />video rentals, video arcade or similar uses are subject to the prior approval of the
<br />Zoning Enforcement Official. Approval by the Zoning Enforcement Official shall
<br />be solely based on a determination that: (i) such use is not the predominant use of
<br />the shopping center; (ii) the parking and traffic demands of the proposed use are
<br />not in excess of those contemplated in the project's approval in total*; (iii) the
<br />appearance and conduct of the use, including signs and any typical or frequent
<br />AGREEMENT TO CONDITIONS May 27, 2022
<br />PLN21-0047, Minor Amendment to PD-88-5 1245 Marina Boulevard
<br />Page 8 of 10
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