Res 2012-029 - Laserfiche WebLink

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In consideration of the mutual benefits stated in the Agreement and the promises of the Parties set forth below, the Parties enter into this Agreement and agree to the terms and conditions set forth in this Agreement. PART 2. PROJECT CONDITIONS AND COMMITMENTS Section 2.01. Project Conditions. In other to qualify for the Code Waiver (as defined in Part 3 below), HEB must satisfy the following conditions (the "Project Conditions "): (A) Commencement of the Project. HEB must commence construction of the Project substantially in accordance with the preliminary site plans shown in Exhibits "A" and "B" on or before March 1, 2013, subject to obtaining all permits and extensions for Force Majeure (as defined in Section 5.05 below). For purposes hereof, "commence construction" shall be defined as the pouring of the foundation for the Grocery Store expansion component of the Project. (B) Site Improvements. HEB shall construct a storm water detention pond in the area shown in Exhibit "A" to mitigate any increased drainage flow as a result of the Project, in accordance with applicable standards under the LDC, together with enhanced landscaping of the detention pond as shown in Exhibit "B." HEB shall also permit the modification of the existing full access driveway on Hopkins Street into a restricted right - in/right -out driveway, as shown in Exhibit "A ", in order to improve traffic circulation, and coordinate with the City to provide an easement for construction of turn lane and sidewalk improvements along Thorpe Lane in order to improve traffic circulation and pedestrian and non - vehicular safety and access. (C) Landscaping Improvements. In conjunction with the Project, HEB will install the landscaping described in Exhibit "B", which exceeds the landscaping requirements of the LDC. Section 2.02. Commitments. In developing the Project, HEB shall fulfill the following commitments; provided, however, that these commitments shall not be deemed to be Project Conditions (as defined above): (A) Completion of the Project. The City acknowledges that the Project may be designed and/or constructed in phases. HEB will pursue completion of the Project with commercially reasonable diligence and endeavor to complete the Project on or before two (2) years after commencing construction, subject to extensions for Force Maj eure. (B) Employment. In conjunction with the Project and within six months after its completion, HEB will endeavor to employ ten additional full -time equivalent employees at the Grocery Store. In conjunction with the Project and within six months after its completion, HEB will endeavor to increase the annual payroll at the Grocery Store from approximately $7,300,000 to approximately $7,800,000. 2 062007.00801 155728 v8