Res 2013-048/Approving an Economic Development Incentive Agreement between ShySG, Group, LLC

Home Browse Search

PART 2. OBLIGATIONS OF OWNER Section 2.01. Execution of the Project. On or before May 1, 2013 the Owner will commence execution of the Project to include building renovation, landscaping, signage and related improvements in substantial conformance with plans and specifications approved by the City's Department of Development Services and as shown in Exhibit "A," attached hereto and made a part hereof. The Owner will pursue completion of the Project with commercially reasonable diligence, subject to Force Majeure events as defined in Section 5.05 below. The Owner, in executing the Project, shall comply with all requirements of all applicable City of San Marcos processes, procedures, ordinances, rules, regulations and standards. Section 2.02. Employment. In conjunction with the Project, the Owner will employ approximately four full -time and 20 -26 part -time employees with estimated wage rates as follows: a. Management: $40,000.00 average annual salary; b. Cooks: $30,000.00 average annual salary; C. Bartenders and Servers: $35,000.00 annual salary PART 3. ECONOMIC DEVELOPMENT WAIVER PROVIDED BY THE CITY Section 3.01. Waiver of Certain Land Development Code Requirements. As to the Project, the waiting periods for the sale of alcohol for on- premises consumption under Section 4.3.4.2 (b) (8) of the LDC are hereby waived. Section 3.02. Waiver Limited. a. Applies Only to Owner's Initial CUP. The waiver granted under Section 3.01 applies only to that certain CUP approved by the City's Planning and Zoning Commission on March 26, 2013 at the request of Owner and /or Owner's authorized representative. Upon the expiration, revocation or lapse of said CUP the waiver granted herein shall also automatically terminate, any future applicant for a CUP related to the sale of alcoholic beverages from the Property, whether Owner or any other person or entity, shall be subject to the then applicable requirements for the approval of such a CUP under the LDC or other ordinance. b. Subject to Other Requirements. The waiver granted in Section 3.01 is subject to all other required approvals of the City under applicable ordinances, rules, regulations and standards. Except as specifically granted, the City grants no other waivers of any requirements under the LDC or its Code of Ordinances. The granting of the waiver through this Agreement 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, including any certificates of occupancy.