Res 2006-080 - Laserfiche WebLink

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I I I PART 1. OBLIGATIONS OF TANGER Section 1.01. Tanger agrees to complete the construction of the Project in accordance with the plans submitted to the City and the permits issued by the City. Tanger agrees to complete the construction of the Project, including all signs associated with the Project, on or before December 31, 2006. Section 1.02. Tanger agrees to ensure that all of the construction and renovation work related to the Project conforms to all applicable City ordinances and regulations, except to the extent that sign regulations or standards are specifically waived in accordance with this Agreement. Section 1.03. Tanger agrees to submit to the City Manager detailed plans and specifications for the proposed signs associated with the Project. In the event the City Manager agrees to a waiver of a regulation or standard for a sign, Tanger agrees to construct the sign in a manner that conforms to the nature and extent of the waiver agreed to by the City Manager. PART 2. OBLIGATIONS OF THE CITY Section 2.01. The City agrees to consider waiving regulations and standards in the City's Land Development Code related to signs associated with the Project. The City staff will review the sign plans and specifications submitted by Tanger to determine the nature and extent of waivers of regulations and standards in the City's Land Development Code that will be approved. Section 2.02. In considering whether to approve a waiver, the City Manager is authorized to consider the extent to which the architectural character, size and layout ofthe Tanger Outlet Center, and its relationship to adjoining highways and roads, substantiate the need for the requested waivers. The City Manager will confirm in writing to Tanger the nature and extent of waivers to sign regulations and standards in the City's Land Development Code that are approved by the City. PART 3. DEFAULT Section 3.01. If Tanger violates or fails to perform any of its obligations under this Agreement, it will constitute an event of default under this Agreement. Section 3.02. In the event of a default by Tanger, the City will give written notice to Tanger, and Tanger will have 30 business days from the date of the notice to cure the default. If the default remains uncured at the end of the 30-business day period, the City Manager may immediately terminate this agreement, and the City Manager will have the right to immediately rescind any and all waivers issued under this Agreement. The City Manager will notify Tanger in writing of the rescission of any waiver. Section 3.03. If the City Manager rescinds a waiver for a sign issued under this Agreement, Tanger will give written notice to the City Manager within five business days of Tanger' s intent either to a) bring the sign into full conformity with the sign regulations and standards in the City's Land Development Code, or 2) remove the sign. Tanger will complete the work to bring the sign into City of San Marcosrranger Economic Development Agreement Page 2 of 4