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1.The City hereby confirms that it did, as above stated, grant a defermentvariance
<br />from its applicable code requirements whereby only 51 of the required 71 parking spaces need be
<br />constructed on the Property at this time, subject, however, to the terms and conditions of this
<br />Agreement.
<br />1.If the City Council shall hereafter reasonably determine, in the Council’s sole and
<br />Reasonable absolutediscretion, that additional parking spaces are required on the Property,
<br />based on five valid consecutive parking civil complaints within a six month period.Grantee will,
<br />at its sole cost and expense, construct such additional parking spaces as the City Council shall
<br />then require, up to the 71 parking spaces shown on the Plan. The City Council need not require
<br />that all of the additional parking spaces be constructed at any one time, but may require
<br />additional parking spaces be constructed from time to time as they deem them necessary, again
<br />in the Council’s sole and absolute discretion, until the maximum number of parking spaces as
<br />shown on the Plan have been constructed. The additional parking spaces from time to time
<br />required by the City Council shall be built in full compliance with the Plan and the then
<br />applicable City ordinances, unless otherwise a parking precedence has been established in the
<br />cityto ensure Elk River Lodge & Residential Suites, LLC is treated fairly; provided, however,
<br />that Grantee may prepare and present to the City a new parking plan for review and approval by
<br />the City Council, and if approved by the City Council (which approval may be withheld for any
<br />reasonablereason or cause), such additional parking spaces may then be constructed pursuant to
<br />the new parking plan, as approved, and subject to the then applicable code requirements of the
<br />City, except as such code requirements may be waived by defermentvariances,or unless
<br />otherwise a parking precedence has been established in the city to ensure Elk River Lodge &
<br />Residential Suites, LLC is treated fairly.if any, then granted.As above stated, the City Council
<br />shall be the sole judges of whether or not additionalparking is required, from time to time, and if
<br />so, how much is to be constructed at any given time.
<br />2.If the City Council reasonably determines that additional parking is requiredafter
<br />required civil complaints, the City shall give written notice to Grantee of the determination that
<br />additional parking spaces are then required, setting forth in the notice the number of spaces then
<br />required to be constructed, up to the maximum shown on the Plan. Grantee within thirty(30)
<br />days after such notice is given, shall give written notice to the City as to whether or not they will
<br />construct such additional parking spaces pursuant to the Plan or will submit a new plan as above
<br />allowed. In the event a new plan is to be submitted, it shall accompany the notice given to the
<br />City. If notice is not givento the City within the 30-day period, Grantee shall be deemed to have
<br />agreed to construct such additional spaces pursuant to the Plan.
<br />3.Grantee shall commence construction of such additional parking spaces as are
<br />then required by the City within ninety (90) days after the notice is given, unless Grantee elects
<br />to submit a new parking plan, in which case such construction shall commence within ninety
<br />(90) days after approval or rejection by the City Council of the proposed new plan. The 90-day
<br />period may be extended for delays due to weather, labor disputes, material shortages or
<br />unavailability of material, unavoidable casualty, acts of God, the public enemy, or other causes
<br />beyond the reasonable control of Grantee, in which case the 90-day period shall be extended by a
<br />period of time equal to any such delays; provided, that no extension shall be given for any such
<br />delay unless written notice of such delay is given to the City within ten (10) days after the
<br />commencement of the delay. Once commenced, the construction shall be completed with all due
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