Res 2012-029 - Laserfiche WebLink

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Section 2.03. No Obligation to Develop Project. Notwithstanding any other provision contained herein, this Agreement imposes no obligation upon HEB to develop the Project; provided, however that if HEB does not satisfy the Project Conditions (as defined in Section 2.01 above), it shall not be entitled to the Code Waiver and the Code Waiver will be deemed to have expired and be null and void. This Agreement and the Code Waiver shall, otherwise, expire if HEB fails to commence construction within the time specified under Section 2.01 (A), subject to extension for Force Majeure. PART 3. ECONOMIC DEVELOPMENT WAIVER PROVIDED BY THE CITY Section 3.01. Modification of Impervious Cover Standard. As to the Project, the City hereby waives the impervious cover standard under Section 4.1.6.1 of the LDC to allow impervious cover not to exceed eighty -seven percent (87 %) of the gross land area of the Property (the "Code Waiver "). The Code Waiver is limited to such additional impervious cover created by the expansion of the Grocery Store, conceptually illustrated in Exhibits "A" and "B" and labeled as "Building Expansion." If the square footage of the expansion area of the Grocery Store is less than 15,000 square feet, any remaining available impervious cover under the Code Waiver cannot be transferred or allocated to allow impervious cover from other improvements such as driveways and parking areas. Section 3.02. Waivers Limited. Pursuant to this Agreement, the City is granting no other waivers of any requirements under the LDC or its Code of Ordinances other than Code Waiver. The Code Waiver is not a guarantee, representation or indication by the City regarding the likelihood of approval of any other applications, permits or requests related to the Project. Any approvals or issuance of permits by the City remain subject to all City ordinances and the LDC, subject to the Code Waiver. PART 4. PROJECT CONDITION SATISFACTION AND TERMINATION Section 4.01. Code Waiver Termination. If HEB fails to satisfy any of the Project Conditions listed in Section 2.01 above, the City shall send a written notice to HEB describing the Project Condition that has not been satisfied (a "Condition Failure Notice "). If the Project Condition so specified has not been satisfied within thirty (30) days after HEB's receipt of such Condition Failure Notice, then City may terminate this Agreement as its sole remedy for such failure and the Code Waiver shall be null and void; provided, however, that if the Project Condition is not reasonably susceptible to cure and satisfaction within such thirty (30) day period but HEB is actively working to satisfy such Project Condition, then HEB shall have an additional sixty (60) days to satisfy such Project Condition or such greater time period, as reasonably approved by City, as is necessary to satisfy such Project Condition. Section 4.02. Satisfaction of Project Conditions. Upon satisfying the Project Conditions listed in Section 2.01 above, HEB shall provide written certification notice to the City (the "Satisfaction Notice ") issued by the project engineer or an officer of HEB in substantially the form attached hereto as Exhibit "C ". 3 062007.00801 155728 v8