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NOW THEREFORE, in consideration of the granting by the City of the above requested variance, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The City hereby confinns that it did, as above stated, grant a variance from its applicable code requirements whereby no additional parking spaces need be constructed on the Property, subject, however, to the tenns and conditions of this Agreement. 2. If the City Manager and the Community Development Director shall hereafter detennine, in their sole and absolute discretion, that additional parking spaces are required on the Property, Grantee will, at its sole cost and expense, construct such additional parking spaces as the Community Development Director and City Manager shall then require, up to the maximum number of parking spaces shown on the Plan. The Community Development Director and City Manager need not require that all of the additional parking spaces be constructed at anyone time, but may require additional parking spaces be constructed from time to time as they deem them necessary, again in their 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 Manager and the Community Development Director 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, and if approved by the City (which approval may be withheld for any reason or cause), such additional parking spaces may then be constructed pursuant to said 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 variances, if any, then granted. As above stated, the City Manager and Community Development Director 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. a. The City Manager and the Community Development Director shall give written notice to Grantee of their detennination that additional parking spaces are then required, setting forth in said 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 said 30-day period, Grantee shall be deemed to have agreed to construct such additional spaces pursuant to the Plan. b. Grantee shall commence construction of such additional parking spaces as are then required by the City Manager and the Community Development Director within ninety (90) days after said notice is given by the Community Development Director and the City Manager 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 of the proposed new plan. The 90-day period shall be extended for delays due to 22