PAIRINGS CELLARS, LLC OUTDOOR DINING PERMIT

10. Signage pertaining to the service of alcoholic beverages shall be posted in accordance with Section 13.04.435(D)(5)(c) of the Pleasanton Municipal Code. 11. A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to operation of the outdoor dining area and shall be maintained continuously as long as alcoholic beverages are served in the outdoor dining area. Loss of such license shall automatically constitute termination of the City permit to serve alcoholic beverages in the outdoor dining area. 12. The capacity of the outdoor dining area shall be limited to the number of seats shown on the approved plan, Exhibit B. 13. This permit may be revoked, suspended, or modified pursuant to the conditions contained within Section 13.04.435 of the Pleasanton Municipal Code. Upon notice from the City, the applicant shall immediately remove all items from the public right-of-way. Should the applicant fail to comply, the City may remove all items within the public right-of-way, and the applicant shall be liable for all costs. 14. A signed Outdoor Dining Agreement and Certificates of Insurance to cover the portion of the sidewalk dining area within the City right-of-way per Section 13.04.435(E) of the Pleasanton Municipal Code shall be submitted to the City Attorney's Office prior to installation of any fixtures, planters, posts, furniture, etc. on the sidewalk. A new Certificate of Insurance shall be required if the restaurant changes ownership. 15. Should there be a change of ownership for the restaurant, the new restaurant owner and/or responsible party shall provide the City Attorney with a signed copy of the "Agreement Concerning Outdoor Dining Permit"for processing by the City. 16. The project developer shall pay any and all fees, including sewer fees, to which the property may be subject prior to issuance of permits. The type and amount of the fees shall be those in effect at the time the permit is issued. 17. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. {end) P16-0898, Pairings Cellars Conditions of Approval Page 2 of 2