Res 2006-016 - Laserfiche WebLink

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ii~i!?4915 OF'R 249Q 589 JQH agrees to cause CenterPoint Energy ("Gas Provider"), the natural gas provider for the Project Site, to bring natural gas service to the Project Site in quantities sufficient for the operation of both the Hotel and Conference Center. JQH will endeavor to have the infrastructure necessary to bring natural gas service to the Project Site paid for by the Gas Provider at no cost to the Parties. In the event, and to the extent, JQH is unsuccessful in its efforts to have the Gas Provider pay for the infrastructure necessary to bring natural gas service to the Project Site, the Parties will share in the cost thereof, with each being responsible for one-half (1/2) of the actual third party out-of-pocket expense incurred in connection with the design and construction of such infrastructure. If not paid for by the Gas Provider, JQH shall be initially responsible for paying for such improvements and City must reimburse JQH for its share of the costs once same are completed and accepted by the City in its regulatory capacity. Upon completion of such infrastructure improvements and the acceptance thereof by the City in its regulatory capacity, JQH will invoice City for its one-half (1/2) shaze of such costs, which invoice must be accompanied by appropriate backup information supporting and substantiating the amounts owed. City must make payment to JQH within thirty (30) days of its receipt of the invoice and appropriate supporting information. In no event will City be obligated to pay for any administrative or overhead expenses of JQH for the design and construction of such infrastructure and, in the event that the party constructing the improvements is in any way affiliated with JQH, City will have no obligation to reimburse JQH for any costs and expenses which exceed that which would have been charged for the same work by a third party unaffiliated contractor. 3.8.2. McCarty Lane Imnrovemeats. The Parties acknowledge that McCarty Lane, one of the public roads abutting the Project Site, will need to be widened from the intersection of Interstate 35 on the West through the Eastern boundary of the Project Site. The Parties acknowledge that the existing McCarty Lane right-of--way will need to be widened by fifty (50) feet to accommodate the necessary expansion. The City will endeavor to obtain the necessary right-of--way to accommodate such expansion without impacting the Project Site. However, in the event the City is unsuccessful in its efforts to acquire the necessary right-of--way without incurring any additional costs on or before June 1, 2006, JQH agrees to dedicate, without cost to the City, all right-of--way which City may require from the Hotel Site, as same as ultimately revised in accordance with of the terms hereof, in order to accommodate such widening; provided, however, in no event shall JQH be required to dedicate a strip in excess of twenty five feet (25') in width as measured at any point from and pazallel to the existing right-of--way line of McCarty Lane. The City shall pay for the costs and expense of widening McCarty Lane without contribution from JQH, other than the dedication which may be required hereunder. To the extent the dedication of such 25' of right-of--way by JQH results in the Hotel Site, as developed in accordance with this Agreement, being in violation of any provision of the LDC, this Agreement and/or any of the Related Agreements, the City agrees that any such violation resulting solely from the dedication of the 25' of right-of- way is hereby waived by the City as consideration for such dedication, it being the intent of the parties that such dedication shall not, in and of itself, have any adverse effect under the LDC on the development of the Hotel Site pursuant to the terms of this Agreement and the Related Agreements. JQH acknowledges that the foregoing shall not constitute a waiver of any other violation of this Agreement, the Related Agreements and/or the LDC occurring on the Hotel Site for any other reason. 12 803273 4