8.2. SR 10-02-2017 - Laserfiche WebLink

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1. The City hereby confirms that it did, as above stated, grant a deferment from its applicable code requirements whereby only 51 of the required 71 parking spaces need be constructed on the Property at this time, subject, however, to the terms and conditions of this Agreement. 2. If the City Council shall hereafter determine, in the Council’s sole and absolute discretion, that there have been five or more parking shortage incidents at the Property within a six month period, and that additional parking spaces are therefore required on the Property, Grantee will, at its sole cost and expense, construct such additional parking spaces as the City Council shall then require, up to the 71 parking spaces shown on the Plan. The City Council need not require that all of the additional parking spaces be constructed at any one time, but may require additional parking spaces be constructed from time to time as they deem them necessary, again in the Council’s sole and absolute discretion, until the maximum number of parking spaces as shown on the Plan have been constructed. The additional parking spaces from time to time required by the City Council shall be built in full compliance with the Plan and the then applicable City ordinances; provided, however, that Grantee may prepare and present to the City a new parking plan for review and approval by the City Council, and if approved by the City Council (which approval may be withheld for any reason or cause), such additional parking spaces may then be constructed pursuant to the new parking plan, as approved, and subject to the then applicable code requirements of the City, except as such code requirements may be waived by deferments, if any, then granted. As above stated, the City Council shall be the sole judges of whether or not additional parking is required, from time to time, and if so, how much is to be constructed at any given time. 3. If the City Council determines that additional parking is required, the City shall give written notice to Grantee of the determination that additional parking spaces are then required, setting forth in the notice the number of spaces then required to be constructed, up to the maximum shown on the Plan. Grantee within thirty (30) days after such notice is given, shall give written notice to the City as to whether or not they will construct such additional parking spaces pursuant to the Plan or will submit a new plan as above allowed. In the event a new plan is to be submitted, it shall accompany the notice given to the City. If notice is not given to the City within the 30-day period, Grantee shall be deemed to have agreed to construct such additional spaces pursuant to the Plan. 4. Grantee shall commence construction of such additional parking spaces as are then required by the City within ninety (90) days after the notice is given, unless Grantee elects to submit a new parking plan, in which case such construction shall commence within ninety (90) days after approval or rejection by the City Council of the proposed new plan. The 90-day period may be extended for delays due to weather, labor disputes, material shortages or unavailability of material, unavoidable casualty, acts of God, the public enemy, or other causes beyond the reasonable control of Grantee, in which case the 90-day period shall be extended by a period of time equal to any such delays; provided, that no extension shall be given for any such delay unless written notice of such delay is given to the City within ten (10) days after the commencement of the delay. Once commenced, the construction shall be completed with all due diligence as soon as possible thereafter. The City shall be the sole judge of whether Grantee is using due diligence in completing such construction. 2