Res 2006-016 - Laserfiche WebLink

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- - - -- --- -. -- -- - ~'.1; - ~ ~?~Q?4915 DFR X494 54? (v) non-exclusive, underground, private utility easements deemed reasonably necessary for the operation of the Project by the City; provided, however, that in no event shall either party be obligated to grant any such private utility easement in, through, or under the buildings constructed on its respective site. Also, to the extent the construction of the Project results in encroachments of any party's improvements onto the property of the other, the owner of the property on which the encroachment exists shall grant the other anon-exclusive easement to allow for the encroachment. Any and all such easements shall be set forth in the Declaration and the Parties must agree on the form of and execute and deliver such Declaration on or before the date JQH Commences Construction of the Hotel. To the extent either party has granted a lien or other encumbrance on its respective site prior to the date the Declazation is executed and recorded, such party must cause the holder of such lien or encumbrance to execute such instruments as the other may require to evidence the fact that such holder's interest is subordinate to the Declazation. 3.9.2. Construction Easements. In order to help facilitate the construction of the Project, the Parties agree to grant such temporary construction easements as may be reasonably requested, each in such form as may be requested by each party in its reasonable discretion. 3.10. Pledee of Citv's Credit. The City shall not be obligated to pay any bank, lender, or similar institution providing any financing, loan or credit to JQH. 3.11. Waiver of Development Standards The City agrees to consider modifying and waiving landscaping, sign, building articulation, and exterior construction materials, regulations and standards in the LDC related to the Project, should JQH so request. In considering whether to approve modifications and waivers, the City Manager of the City is authorized to consider (i) the extent to which the architectural character and pedestrian amenities proposed for the Project exceed City's standards in the LDC, and (ii) the extent to which the architectural character and pedestrian amenities proposed for the Project help to mitigate the need for specific adherence to landscaping, sign, building articulation, and exterior construction materials, regulations and standards in the LDC. To the extent JQH desires any such modification, JQH shall file a written request for same with the City, which request shall be accompanied by detailed plans and specifications for the Project. City staff will review the plans and specifications with JQH to determine the nature and extent of modifications and waiver of landscaping, sign, building articulation, and exterior construction materials, regulations and standazds in the LDC that will be approved pursuant to the terms of this Section 3.11. The City Manager of the City will confu-m in writing to JQH the nature and extent of modifications and waivers to such regulations and standards in the LDC that aze approved by the City. In addition to the foregoing, and by approval of the resolution authorizing the execution of this Agreement by the City, the City hereby grants the following waivers of the provisions of the LDC in connection with the construction of the Project: 15 8032734