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ek Vol F9 <br />iid~~?d~91` OF`R ?99i] 584 <br />3.2.4.4. Wherever the terms of this Agreement call for, or <br />reference, City's approval of any azchitectural or other drawings and/or specifications <br />relating to construction of the Project or any component thereof, it is expressly agreed that <br />City's approval of such drawings and/or specifications will constitute City's approval of the <br />general design and layout scheme described in such drawings and/or specifications only and <br />will not, however, make City responsible in any way for the technical adequacy of such <br />drawings or for any liabilities arising out of any construction undertaken in accordance <br />therewith. <br />3.2.5. Inteeration. While the Site Plan shows that the Conference <br />Center and Hotel will be conjoined, the Parties acknowledge and agree that each of the <br />Hotel building and Conference Center building must be designed to be separate and <br />distinct buildings capable of being operated independently and without reliance on any <br />components of the other. Each such building must be structurally independent of the other <br />with sepazate roofs, and separate mechanical, electrical and plumbing systems and <br />equipment, loading docks and/or other elements of design necessary to operate <br />independent of the other building. In keeping with the foregoing, the Conference Center <br />building must be designed and constructed with such mechanical, electrical and plumbing <br />systems and equipment stubbed out and in place as the City may require which aze <br />necessary for the construction and subsequent operation of kitchen and laundry facilities <br />in the Conference Center which are separate and distinct from those in the Hotel and <br />which are of a size appropriate to support the full utilization of the Conference Center, in <br />the City's discretion. <br />3.3. Plattine and Government Annrovals of Proiect. Prior to commencing <br />construction of the Hotel, JQH must submit, and obtain approval for, the following approvals of <br />the City acting in its regulatory capacity: <br />3.3.1. Watershed Protection Plan. JQH shall submit and obtain <br />approval of a Watershed Protection Plan Phase 2 that applies the environmental and <br />drainage standards of Chapter 5 of the LDC to the Project Site. To the extent the Hotel <br />Site is designed in the manner that storm water and other surface water drainage will flow <br />from the Hotel Site across other property prior to being retained in a storm water detention <br />pond, JQH must provide the City with proof acceptable to the City in the City's sole <br />discretion that the property upon which such drainage will flow is legally and indefeasibly <br />burdened with the obligation to accept such flow from the Hotel Site. <br />3.3.2. Final Development Plat. JQH shall submit and obtain <br />approval of an application for a Final Development Plat for the Project Site in accordance <br />with applicable provisions of the LDC, and meet all requirements of the LDC related to <br />having the Final Development Plat filed by the City in the Hays County Plat Records. <br />3.3.3. Site Preparation Permit. JQH shall submit and obtain <br />approval of a Site Prepazation Permit that applies the zoning, environmental, development <br />and public facilities standazds contained in Chapters 4, 5, 6 and 7 of the LDC to the <br />specific development design of the project proposed for the Hotel Site. <br />803273.4 <br />