Res 2006-016 - Laserfiche WebLink

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~,4; 4'nl F'~ i i6li'?4915 ~F~~~~-~- ~'-r 3.8.3. Stormwater Drainaee and Detention. The City and JQH will cooperate in connection with the design of a stonnwater drainage and detention system for the Project, to direct and collect stormwater discharge from the Project Site, which system must meet all of the requirements of the LDC for same. No offsite system shall be pursued unless voluntary donation of the necessary land and rights-of--way for such system are received on or before April 28, 2006. In the event the Project is designed with on-site detention, the Parties shall cooperate to develop the most efficient design for same and, to the extent that the design ultimately involves an integrated system with shared facilities on either or both the Hotel Site and the Conference Center Site, each party shall pay one-half (1/2) of the costs incurred in connection with the design and construction of such system. Each party shall be responsible for the design and construction of the portion of any integrated system located on its respective site. Once a party completes the portion of such system on its site, the other party shall be obligated to reimburse the constructing party for its share of the costs incurred by the constructing party for the system components located on its site, such payment being due within thirty (30) days following the date on which the constructing party delivers an invoice for same to the other, which invoice must be accompanied by supporting documentation evidencing the costs incurred and evidence that the City has approved and accepted such construction in its regulatory capacity. If an off-site detention system is utilized, City will design and construct same with JQH being responsible for the Hotel Portion (as defined herein) of all costs incurred by the City in designing and constructing the system including, without limitation, land and right-of--way acquisition costs. Upon completion of this system and related improvements, City would calculate the Hotel Portion and invoice JQH for same, which invoice would be accompanied by documentation supporting the City's calculation thereof. JQH would be obligated to pay the amounts invoiced within thirty (30) days from and after the date of the Invoice. For purposes hereof, the "Hotel Portion" means one-half (1/2) of the cost of any component of such system (including right-of--way andlor land acquisition costs) that exclusively serves the Project Site and with respect to any component of such system that serves other properties in addition to the Project Site, means an amount equal to one-half (1 /2) of the product obtained by multiplying .5 the total costs incurred by the City in connection with the design and construction of the component (including any right-of--ways and/or land acquisition costs) times a fraction the numerator of which is the capacity of such component attributable to the Project Site and the denominator of which is the total capacity of the component, each as determined by the City. 3.9. Easements. 3.9.1. Proiect Easements. The Parties acknowledge that the Project is still in its formative stages. It is not possible to identify all necessary easements for the Project. The Parties agree to cooperate in good faith to grant to each other, without additional consideration, such easements as may be necessary to allow the efficient operation of the Project (including, but not limited to, right-of--way, utility, access, drainage, and cross-parking easements) provided however, nothing in this Section 3.9.1 is intended to impose on any party an obligation to grant any easement if such easement would materially interfere with the grantor's use or intended use of its own property. 13 803273 4