Res 2006-016 - Laserfiche WebLink

Home Browse Search

Bk Vol Fa- n6n2~91~ DFR ?99r~ `93 (i) any setbacks required pursuant to the City Code (as defined herein) of the LDC on the internal lot line sepazating the Hotel Site and Conference Center Site which would prevent the construction of conjoined Hotel and Conference Center buildings as contemplated by the Site Plan, as same may be hereafter amended by the Parties, are hereby waived with respect to the Project. (ii) The City Manager of the City may determine the appropriate number of pazking spaces to be constructed on the Project Site as part of the Project, which determination must be made in a writing delivered to JQH. If the Project is constructed so that the aggregate number of spaces constructed on the Project Site meets or exceeds the amount set forth in the City Manager's determination, the Project Site will be deemed to have a sufficient number of parking spaces for purposes of the LDC and any requirements of the LDC for a greater number of spaces aze hereby waived; provided, however, that the foregoing shall not in any way modify or limit any requirements of the LDC or other applicable laws concerning the number of spaces which must be constructed to comply with the Americans with Disabilities Act or other federal, state or local laws dealing with access for persons with disabilities. (iii) The City will pay any and all expenses incurred in connection with its regulatory review of the azchitectural and engineering plans for the Project and hereby waives any building permit and other fees owed under the City Code or the LDC for the Project; provided, however, that JQH shall still be obligated to pay any and all impact fees owed under the City Code or the LDC in accordance with the terms and provisions thereof. For purposes of this Agreement, the "City Code" means the Code of the City of San Marcos as same may be modified, amended, restated and/or replaced from time to time. 3.12. No Relinquishment of Municiaal Reeulatorv Authority. Notwithstanding anything contained in this Agreement to the contrary, the City's review and (if applicable, approval) of proposed architectural plans, specifications, site plans, plats, drawings, or other submittals from JQH or other persons in connection with this Agreement or the Related Agreements shall constitute approval for purposes of this Agreement only, and not be deemed to constitute approval, or replace, the City's right to review and approve same, under City's regulatory authority and/or police power under Texas or local law. 3.13. City Subordination of Lien. The Parties acknowledge that the City is the beneficiary of the lien of that certain Deed of Trust (and Security Agreement, Assignment of Rents, and Financing Statement) dated July 15, 2005 and recorded at Volume 2726, Page 521 et seq. of the Real Property Records of Hays County, Texas (the "Deed of Trust"), which Deed of Trust covers the Hotel Site and secures (i) repayment of that certain Deed of Trust Note dated of even date therewith in the original principal amount of One Million Five Hundred Thousand and No/100 Dollazs ($1,500,000.00) (the "Note") and (ii) the other obligations described therein. City agrees that so long as (i) no Event of Default has occurred hereunder or under that certain Chapter 380 Economic Development Grant and Loan Agreement executed by and between the 16 803273 4