Res 2018-033/approving an economic development incentive agreement with Haddad Enterprises, D/B/A Leyali's Mediterranean Grill, that grants a waiver of the requirement under 4.3.4.2 of the LDC

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PART 2. OBLIGATIONS OF OWNER Section 2.01. Execution of the Project. On or before December 1, 2018 the Owner will commence execution of the Project to include building renovation and remodeling, landscaping, signage and related improvements in conformance with plans and specifications approved by the City's Department of Planning and Development Services. The Owner will pursue completion of the Project with commercially reasonable diligence, subject to Force Majeure events as defined in Section 5.05 below. The Owner, in executing the Project, shall comply with all requirements of all applicable City of San Marcos processes, procedures, ordinances, rules, regulations and standards. Section 2.02. Employment. In conjunction with the Project, the Owner will employ at least 2 full-time and 9 part-time employees locally with estimated wage rates as follows: a. Manager 2: $12 - $20 per hour C. Staff 9: $9.00 per hour PART 3. ECONOMIC DEVELOPMENT WAIVER PROVIDED BY THE CITY Section 3.01. Waiver of Certain Land Development Code Requirements. As to the Project, the waiting periods for the sale of alcohol for on -premises consumption under Section 4.3.4.2 (b) (8) of the LDC are hereby waived. Section 3.02. Waiver Limited. a. Applies Only to Owner's Initial CUP. The waiver granted under Section 3.01 is subject to approval of a request for a CUP by the City's Planning and Zoning Commission. If said request for a CUP is approved, the waiver granted herein shall apply only to such initial CUP and any timely renewals thereof. Upon the expiration, revocation or lapse of said CUP, the waiver granted herein shall automatically terminate, and any future applicant for a CUP related to the sale of alcoholic beverages from the Property, whether the Owner or any other person or entity, shall be required to apply for a new CUP, subject to the then applicable requirements for the approval of such a CUP under the LDC or other ordinance. b. Subject to Other Requirements. The waiver granted in Section 3.01 is subject to all other required approvals of the City under applicable ordinances, rules, regulations and standards. Except as specifically granted herein, the City grants no other waivers of any requirements under the LDC or its Code of Ordinances. The granting of the waiver through this Agreement is not a guarantee, representation or indication by the City regarding the likelihood of approval of any other applications, permits or requests related to the Project, including the initial request for the CUP to which this Agreement relates, or any certificates of occupancy. PART 4. DEFAULT AND TERMINATION