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<br />Mr. Richard A. PeC.~ _Jy <br />June 12, 2001 <br />Page Two <br /> <br />4. The City and Romacorp agree to cooperate in the design ofthe facilities such that, the <br />City Hall site and the restaurant site will be architecturally compatible and comport with all <br />requirements ofthe Comprehensive Master Plan for the City. <br /> <br />5. The City agrees to undertake a traffic analysis for traffic flow and parking shall be <br />mutually agreed upon by the parties. The City will be responsible for whatever traffic <br />improvements are necessary for the development of both sites. Romacorp' s desire would be <br />to have an approximate 7500 square-foot foot print for its new site, excluding outdoor dining, <br />but the actual square footage will depend on whether or not Romacorp desires to incorporate <br />a second floor into the restaurant design with everything being subject to building design <br />criteria. <br /> <br />6. The foregoing terms are contingent upon, and subject to, approval by the City <br />Commission on behalf of the City and the Board of Directors on behalf of Romacorp which <br />approval will not be unreasonably withheld on either side. Upon such approval, however, by <br />each of those respective entities, the terms of this letter will be considered binding, subject to <br />final documentation and design approval, which design approval shall also not be <br />umeasonably withheld. <br /> <br />7. The parties both agree that the Roma site will be delivered first, but there is no agreed <br />upon or fixed time frame within which construction will commence, provided however, that <br />to the extent possible, the City agrees to utilize its best efforts to create no "down time" in <br />operation for Tony Roma's restaurant operations but further provided that, should such <br />"down time" occur, the City will use its best efforts to have that occur during the months <br />beginning and between June and September, unless the parties agree otherwise. <br /> <br />8. Romacorp agrees that should it become necessary, for any reason, to plat the property, <br />it will execute a joinder to that plat. <br /> <br />Yours truly, <br /> <br />~. '/{"'" ~~_.,-~- <br />11(/ '--' .. <br />M:I>aiUiheisser <br />CIty Attorney <br /> <br />LMD:ch <br /> <br />AGREED AND ACCEPTED ON THE TERMS SET FORTH ABOVE: <br /> <br /> <br />Richard A. Peabody, ChiefFi <br />Romacorp, Inc. <br /> <br />Cc: Christopher J. Russo, City Manager <br />