Res 2013-086/Approving an Economic Development Incentive agreement between Austin Street Tavern

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Section 3.02. Waiver Limited. a. Applies Only to Owner's Initial CUP. The waiver granted under Section 3.01 is subject to approval of a request for a CUP by the City's Planning and Zoning Commission pursuant to Case No. CUP- 13 -17. If said request for a CUP is approved, the waiver granted herein shall apply only to such initial CUP and any timely renewals thereof. Upon the expiration, revocation or lapse of said CUP the waiver granted herein shall automatically terminate, and 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 required to apply for a new CUP, 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. PART 4. DEFAULT AND TERMINATION Section 4.01. Default and Termination. The City may declare a default under this Agreement and may terminate this Agreement if the Owner: a. fails to commence and complete the Project within the time specified or according to the specifications in Section 2.01; b. made or makes any representation relied upon by the City in entering into this Agreement or in any request or submission to the City relating to this Agreement or the Project that is false or misleading in any material respect; C. assigns this Agreement without the consent of the City; d. allows ad valorem taxes on the Property or other property in the City owned by Owner to become delinquent; or e. fails to comply at all times with the terms of any conditional use permit issued pursuant to the aforementioned Case No. CUP-13-17 or the standards for "bona fide restaurants" under Section 4.3.4.2 of the LDC during the first 12 months following the date of issuance of the CUP referenced in Section 3.02 (a). Section 4.02. Notice of Default and Termination. If the City Manager reasonably determines that the Owner is in default under Sections 4.01 (a) or (d) the City Manager will notify the Owner in writing of such default, and if the default is not cured within 30 days from the date of the notice, the City Manager may terminate this Agreement, unless reasonable efforts