Res 2016-067/approving an Economic Development Incentive Agreement pursuant to Section 1.4.4.1 of the Land Development Code (“LDC”) between the City of San Marcos and Dandelion Café, LLC, d.b.a Blue Dahlia Bistro, that grants a waiver of the requirement

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ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT Pursuant to Section 1.4.4.1 of the City of San Marcos Land Development Code, this agreement (the "Agreement") is entered into by and between Dandelion Café, LLC, d.b.a Blue Dahlia Bistro, (the "Owner") and the City of San Marcos, Texas (the "City"). The Owner and the City are collectively referred to as the "Parties." PART 1. RECITALS Section 1.01. The City seeks to promote local economic development and to stimulate business and commercial activity in the City by, among other things, encouraging new in-fill development and job creation in the downtown area. Section 1.02. The Owner is the owner of the real property and improvements at 107 E. Hopkins Street, San Marcos, Texas 78666 (the "Property"). The Property is located within the Central Business Area ("CBA") as defined in the City's Land Development Code ("LDC"). Section 1.03. The Owner has proposed and intends to redevelop the Property by remodeling the existing building and operating a restaurant with an outdoor seating area that will also serve wine and beer for on-premises consumption (the foregoing activities are collectively, the "Project"). Section 1.04. The LDC establishes special conditions for the issuance of a Conditional Use Permit ("CUP") for a restaurant serving alcoholic beverages for consumption on its premises. Pursuant to the requirements of Section 4.3.4.2(b)(8) the LDC the Owner is subject a six-month waiting period before beer and wine may be sold from the Property for on-premises consumption. Section 1.05. Section 1.4.4.1 of the LDC authorizes the City Council to grant waivers of certain requirements under the LDC for economic development purposes. The waiting periods for the sale of alcoholic beverages for on-premises consumption under Section 4.3.4.2 (b)(8) of the LDC are major impediments to the Owner's successful execution of the Project and redevelopment of the Property and the Owner, therefore, seeks a waiver of these waiting periods. Section 1.06. The City Council finds that the Owner's request for a waiver complies with the requirements for granting a waiver of certain requirements of the LDC for economic development purposes under Section 1.4.4.1 of the LDC. The City Council, therefore, is amenable to waiving the applicability of the waiting periods to the Project. Section 1.07. In consideration of the mutual benefits stated in the Agreement and the promises of the Parties set forth below, the Parties enter into this Agreement and agree to the terms and conditions set forth in this Agreement.