Res 2010-109 - Laserfiche WebLink

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ARTICLE 2. OBLIGATIONS OF DEVELOPER Section 2.01. Execution of the Project. Developer shall execute the Project with all commercially reasonable diligence according to the requirements of this Article. The requirements of this Article are deemed material obligations. The term "Project" as defined and used in this Agreement is inclusive of all of the requirements of this Article. Section 2.02. New Facility Completion Date. The New Facility shall be completed on or before August 15, 2012, subject to force majeure events under Section 6.15. Completion of the New Facility shall be evidenced by the issuance by the City of a Certificate of Occupancy to Developer for all improvements. Section 2.03. Demolition of the Old Facility. When demolishing the Old Facility and any other improvements on the Land, Developer shall remove and properly dispose of all building materials, rubble, trash and debris in accordance with applicable City of San Marcos ordinances and rules and all other applicable environmental laws and regulations. Section 2.04. Site Preparation and Tree Removal. In preparing the Land for construction of the New Facility and all other phases of the Project, Developer agrees that it shall comply with all City of San Marcos ordinances governing the preservation and removal of trees applicable to new development and construction activities. All reasonable measures shall be taken by Developer to recycle all trees as mulch, building material or other such uses that do not require disposal into landfills or burning. Before undertaking any demolition, site clearing or construction activities, Developer shall submit a plan acceptable to the Director of Development Services outlining how it will comply with this paragraph. The plan shall include the name and contact information of the firm or person that it will use to process and recycle trees and a reliable means for the City to verify compliance with this paragraph. Page 3 of 15 F�"/"l