Res 2004-184 - Laserfiche WebLink

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I I I construction and fixturing of the Conference Center (as defined herein) until such time as said indebtedness is paid in full. The City would (i) cooperate with Hammons in identifying any ordinances of the City which would apply to the construction and/or operation of the Hotel (as defined herein) and Convention Center, and (ii) provide Hammons with a copy of any environmental reports which City may obtain with respect to the Project Site, provided that City would not be responsible for the accuracy or completeness of such reports. II. Environmental Considerations. Hammons and the City would jointly ensure that the Project and any related development incorporates environmentally sound principles and practices in the planning, design, construction, operation and maintenance thereof, especially with respect to protection of the quality of storm water runoff from the Project Site and from utility and roadway construction in the vicinity of the Project Site. The City has hired an environmental consultant to assist the City in developing and enforcing environmental standards for the Project and any related development. Examples of principles and practices to be used would include, but not be limited to, preservation of natural drainage patterns, tree cover and vegetation to the extent reasonably feasible, limitations on impervious cover at the Project Site (including the use of pervious alternatives thereto), use of overland drainage flow and open, vegetated drainage swales. The Project would be required to be built and operated in accordance with the environmental standards which are developed by said consultant and which are approved by the City Council. All such standards would be included in the definitive agreements. III. Infrastructure Improvements. In order to facilitate construction of the Project, the City would construct certain off-site infrastructure improvements more particularly described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes. The definitive agreements would specify the timetable for the design and construction of the City infrastructure improvements. The City's obligation to construct said improvements would be subject to and conditioned upon the requirement that Hammons cause all necessary easements and right-of-way necessary for same across the Gilmore Property (as defined herein) to be dedicated to the City at no cost to the City. For purposes hereof, the "Gilmore Property" shall mean that approximately 250 acre tract of land as shown on Exhibit "B" attached hereto of which the Project Site is a part. All other costs for necessary on and off-site public infrastructure improvements for water, wastewater, streets, drainage and other utilities necessary for the development and operation of the Project at the Project Site would be paid for by Hammons, with the exception that the City would pay for any such facilities to the extent same are located on the Conference Center Site (as defined herein) and exclusively serve the Conference Center. Any and all such infrastructure and improvements would be required to be planned, designed, constructed, operated and maintained in accordance with detailed standards reflecting the concepts described in the "Environmental Considerations" section above, as well as any other applicable laws, regulations and ordinances. Hammons would be obligated to acquire all property interests necessary or appropriate in City's discretion for water quality controls relating to the Project and to ensure legal access to same for City. 2 69311413