Reso 2010-1658 - Laserfiche WebLink

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4.2.2 City Cooperation. The City shall cooperate with the Developer in the processing of all necessary land use approvals, special exception uses or permits and related deviations from the City's land development regulations including, but not limited to, building set backs, parking requirements and landscaping requirements; provided, however, that nothing herein shall waive the City's police powers and obligations with respect to the review of any such requests or to require the City to waive any such rights or requirements when acting in a governmental or regulatory capacity. 4.3 Parking Garage and Park. 4.4.1 The Developer shall be responsible for the construction of a public parking garage ("Parking Garage") and Public Park ("Park"), all as depicted in Exhibit "c" (Preliminary Plans") and as shown on the Final Plans and Specifications and the approved Site Plan, which shall be consistent with the City's Code of Ordinances, Land Development regulations, and the Florida Building Code. Prior to the commencement of construction by the Developer of the Parking Garage and Park the parties shall enter into a Design/Build Agreement as defined and described herein. 4.4.2 The Developer and the City will enter into a Declaration of Covenants and Restrictions to facilitate the construction and operation of the Project. The Declaration of Covenants and Restrictions shall provide among other items for (1) the operation, maintenance and costs associated therewith of the public and private facilities and Improvements including the Infrastructure Improvements on the Project Site and adjacent property; and (ii) easements for ingress, egress and utilities over portions of the Project Site as shall reasonably be required, the use rights to be provided within the Parking Garage and Park as contemplated in this Agreement and the Ground Lease. The Developer shall record the Declaration of Covenants and Restrictions as agreed to by the Developer and the City prior to the issuance of the first certificate of occupancy for the Aquatic Entertainment Center. 4.4.3. Upon substantial completion and an acceptance by the City (after a determination by the City that the Parking Garage and Park have been built consistent with the approval plans), the Developer will convey the Parking Garage and Park to the City. ARTICLE V PROJECT SCHEDULE 5.1 Proiect Schedule. The parties agree that time is of the essence and a Schedule of Performance by the Developer ("Developers Schedule") is required to establish outside dates and times of delivery of the various plans, preparation and filing of applications for obtaining the various plan, preparation and filing of applications for obtaining the various permits and public approvals and schedule for the construction of the Improvements. The Developer's Schedule is attached as Exhibit "D" hereto. The Developer shall perform the obligations setforth herein in accordance with the Developer's Schedule; however, the time periods set forth in the Developer's Schedule may be extended for each day that the City, in its capacity as Landlord 4