Res 2011-146 - Laserfiche WebLink

Home Browse Search

E. For the foregoing reasons, and in consideration of the mutual benefits to the Parties in the Agreement as amended, the Parties agree to amend the Agreement as set forth below. Section 2. Amendments to the Agreement A. Section 2.02 of the Agreement is hereby amended to read as follows: Section 2.02. New Facility Completion Date. The New Facility shall be completed on or before August 15, 201 -23, 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. B. Section 2.03 of the Agreement is hereby amended to read as follows: Section 2.03. Demolition of the Old Facility. Developer shall complete demolition of the Old Facility on or before January 1, 2012. 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, and provide for proper stabilization of the around and erosion control in accordance with applicable City of San Marcos ordinances and rules and all other applicable environmental laws and regulations. Demolition of the Old Facility will not be deemed comp_ lete for pumoses of this Agreement until Developer has a) delivered to the City a certificate of completion issued by the Chief Building Official confirmina that the demolition of the Old Facility has been completed in accordance with applicable City of San Marcos requirements, and b) Developer has complied with all requirements of this paragraph. C. Section 2.05 (d) of the Agreement is hereby amended to read as follows: d. LEED Certification. The Developer shall obtain LEED certification of the New Facility from the U.S. Green Building Council with a minimum rating level of at least "Certified" on or before August 15, 20145. D. The first sentence of Section 2.06 of the Agreement is hereby amended to read as follows: 2.06. Job Creation. Developer shall, as of December 31, 201 -23, have created five full -time jobs, in accordance with the schedule of jobs and salary levels as set forth in Exhibit "C ", attached hereto and made a part hereof for all purposes. E. Section 3.02 of the Agreement is hereby amended to read as follows: