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1 NOW THEREFORE, in consideration of the granting by the City of the above 2 requested variance, and of the mutual covenants and agreements hereinafter contained, it 3 is hereby agreed by and between the parties hereto as follows: 4 5 1. The City hereby confirms that it did, as above stated, grant a variance from its 6 applicable code requirements whereby no additional parking spaces need be constructed 7 on the Property, subject, however, to the terms and conditions of this Agreement. 8 9 2. If the City Manager and the Community Development Director shall hereafter 10 determine, in their sole and absolute discretion, that additional parking spaces are 11 required on the Property, Grantee will, at its sole cost and expense, construct such 12 additional parking spaces as the Community Development Director and City Manager 13 shall then require, up to the maximum number of parking spaces shown on the Plan. The 14 Community Development Director and City Manager need not require that all of the 15 additional parking spaces be constructed at anyone time, but may require additional 16 parking spaces be constructed from time to time as they deem them necessary, again in 17 their sole and absolute discretion, until the maximum number of parking spaces as shown 18 on the Plan have been constructed. The additional parking spaces from time to time 19 required by the City Manager and the Community Development Director shall be built in 20 full compliance with the Plan and the then applicable City ordinances; provided, 21 however, that Grantee may prepare and present to the City a new parking plan for review 22 and approval by the City, and if approved by the City (which approval may be withheld 23 for any reason or cause), such additional parking spaces may then be constructed 24 pursuant to said new parking plan, as approved, and subject to the then applicable code 25 requirements of the City, except as such code requirements may be waived by variances, 26 if any, then granted. As above stated, the City Manager and Community Development 27 Director shall be the sole judges of whether or not additional parking is required, from 28 time to time, and if so, how much is to be constructed at any given time. 29 30 a. The City Manager and the Community Development Director shall give 31 written notice to Grantee of their determination that additional parking spaces are then 32 required, setting forth in said notice the number of spaces then required to be constructed, 33 up to the maximum shown on the Plan. Grantee within thirty (30) days after such notice 34 is given, shall give written notice to the City as to whether or not they will construct such 35 additional parking spaces pursuant to the Plan or will submit a new plan as above 36 allowed. In the event a new plan is to be submitted, it shall accompany the notice given 37 to the City. If notice is not given to the City within said 30-day period, Grantee shall be 38 deemed to have agreed to construct such additional spaces pursuant to the Plan. 39 40 b. Grantee shall commence construction of such additional parking spaces as are 41 then required by the City Manager and the Community Development Director within 42 ninety (90) days after said notice is given by the Community Development Director and 43 the City Manager unless Grantee elects to submit a new parking plan, in which case such 44 construction shall commence within ninety (90) days after approval or rejection by the 45 City of the proposed new plan. The 90-day period shall be extended for delays due to 46 weather, labor disputes, material shortages or unavailability of material, unavoidable 2