AG 1998 09 21 - Laserfiche WebLink

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Fo Access Road, The "Access Road" may be either a private or public roadway (in either case the Access Road shall meet City current road standards) with the determination to be made jointly by the City and Developer as part of the BA. If it is finally detem~ined by the City and Developer that the Access Road will be a public right-of-way, the City agrees that (i) the Access Road will be constructed in accordance with the current City specifications for construction of such a roadway, and (ii) the City will not unreasonably withhold its approval to or authorizatiorfof the number, size and locations of all curb cuts requested by Developer as shown on the Access Road concept plan to be submitted to the City as part of the negotiations of the BA. If it is finally determined by the City and Developer that the Access Road will remain a private roadway, then if necessary for the road to serve the Developer property as well as adjacent private properties, Developer will grant a pe~-manent non-exclusive easement for ingress and egress to the adjacent property owners as well as to the City over the Access Road by an easement document mutually acceptable to Developer and the City. Fees. To the maximum extent permissible under applicable law, all fees payable to the City or County or any subdi~sions or agency of either in connection with the development of the Project, including, but not limited to, fees for plan check, building permits and inspections and impact fees, shall not exceed the amount of the regularly scheduled fees and charges in effect as of the Delivery Date. City Obligations. The City shall consider performing (at no cost to Develope0 certain infrastructure and mad-work, the specifics of which shall be discussed at a future date. The BA shall describe in reasonable detail the exact nature &the Obligations, the timing and performance thereof. In addition, the City acknowledges that timing of performance of the Obligations is a critical component to the success of the opening of the Concord Marriott and, accordingly, as part of the negotiation of the BA, the parties shall agree on a mechanism of ensuring that the agreed-to time schedule for completion of the Obligations is met (by way of example only, i.e. daily liquidated damages or means of the Developer to complete the Obligations and back charge the party obligated to perform). Additional Financial Considerations. The City, County and Tourism Authority recognize and anticipate that the development of the Concord Marriott will result in substantial conference business and additional commercial development in the area around the Project and that the development of the Concord Marriott and this ancillary development is desired by the City and the County. Because &the scope of the development and the anticipated ancillary development, it is appropriate that the City and County provide economic incentives that will assist and encourage the Developer to develop the Concord Marriott at a financially Fil¢~ac - $:~Planning\MOU-Marrlott -5- Revised 09/10~95