Res 2006-016 - Laserfiche WebLink

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-@,~--~vf - Fe-- ii~,ii?4g15 DF'Ft 2446 `~81 Site should the City request JQH to do so. Should the City make such request of JQH, City staff would assist JQH in preparing the necessary applications and supporting materials. JQH is obligated to submit a completed application for creation of the TIRZ within thirty (30) days of the City's request for same. ARTICLE III CONSTRUCTION OF PROJECT 3.1. Site Plan. The preliminary Site Plan (so called herein) for the Project showing the footprint and layout of the Hotel and Conference Center as well as the layout and location of the driveways, access drives, parking and landscaped azeas, is attached hereto as Exhibit "D". The Parties contemplate that the Project will be developed in accordance with such Site Plan; however, the Parties anticipate that modifications to such Site Plan will be necessary during the design and design review stages of the Project. The Site Plan and the Schematic Package (as defined herein) approved by the City will be the basis for the development of the definitive site prepazation plans for the Project. The Parties agree to cooperate reasonably in connection with modifying the Site Plan to accommodate such changes and to develop final definitive site preparation plans (the "Final Site Plan") for the Project which comply with the requirements of the LDC (as defined herein) for same on or before August 2, 2006. Once finalized, the Project shall be designed and developed in compliance with the Final Site Plan, subject to the parties obligations to redesign the Project as set forth in the succeeding pazagraphs of this Section 3.1, if necessary. City and JQH acknowledge that the design of the Project as shown on the Site Plan requires conveyances by each of the City and JQH to the other of portions of their respective portions of the Project Site so that each party will be constructing its portion of the Project on land that it owns and City and JQH will make such conveyances as aze necessary to cause ownership of the Project Site to be divided as shown on the Site Plan; provided, however, that the City shall only be obligated to make any such conveyance to the extent it may lawfully do so under Chapter 272 of the Texas Local Government Code and other applicable law. In the event the City reasonably believes that it cannot lawfully effectuate the conveyances needed to divide the Project Site as shown on the Site Plan, the City shall notify JQH of such belief and thereafter JQH and City shall develop a revised Site Plan so that the Project can be developed without the City making any conveyances to JQH; provided, however, that in such event, JQH shall be obligated to donate such portions of the Hotel Site to the City as is necessary in order for the Conference Center Site to be sufficient in size to accommodate the Conference Center building itself, sufficient parking to meet City requirements based upon the Final Site Plan and any necessazy drainage and detention, and mechanical facilities, which may be necessary or appropriate for the Conference Center operations in the City's reasonable discretion. To the extent the Conference Center Site is not sufficient to accommodate all of the foregoing, JQH shall convey portions of the Hotel Site to the City as City may reasonably request to accommodate such development, all such conveyances to be made (i) by a special warranty deed in form and content reasonably satisfactory to the City and (ii) free and clear of all liens, easements and other encumbrances other than those acceptable to the City in its reasonable discretion. 4 803273 4