Ord 1985-118 - Laserfiche WebLink

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the Subdivision Ordinance. Storm Development, its successors and assigns, agrees to comply with any amendment or amendments to said Subdivision Ordinance so long as said amendment or amendments do not mandate a reduction in the overall density or intensity of the development shown on the Land Plan unless the parties hereto agree otherwise. The City agrees to exempt Storm Development from any amendment to the Subdivision Ordinance which would mandate such a reduction. Construction on the property within the District shall be in compliance with the City's building codes, including but not limited to the Plumbing Code, Building Code, Electrical Code, Gas Code, Fire Code and Air Conditioning/Heating Code. Storm Development agrees to place covenants upon all the land in the District which shall run with said land and be binding upon Storm Development, its successors and assigns that shall (1) require that the standards set forth in the City's building codes as they may be amended from time to time by the City shall be met for construction within the District, and that shall (2) require the standards and criteria set forth in the City's Subdivision Ordinance, Zoning Ordinance for applicable land uses as shown on the Land Plan, Landscape Ordinance and Drainage and Erosion Control Ordinance as they may be amended from time to time by the City shall be met for development within the District. The covenants shall also include a requirement that all cable television installation companies enter into a franchise agreement with the City in conformance with the City's charter provisions regulating franchises and in conformance with the Cable Communications Policy Act of 1984 and any subsequent changes thereto. Storm Development agrees that within thirty (30) days of confirmation election or prior to final plat approval, whichever occurs first, such covenants shall be recorded in the Deed Records of Hays County, Texas in a form approved by the City Attorney and shall be in effect for forty (40) years or until the District is dissolved, whichever is first. Storm Development hereby agrees to make a non-exclusive assignment to the City of its right to enforce the restrictive covenants. Such assignment to the City shall not prevent Storm Development from also enforcing such restrictions. Inspections performed under the City's building codes may be done by the City or the City shall have the right to have an independent consultant inspect site preparation and construction of buildings on property within the District and collect standard City fees therefor. Provided, however, in the event the City or its independent consultant is unable to perform such inspections within two working days of a request by the property representative for such inspection, approval of such particular facets of construction for which inspection was requested shall be deemed to have been given by the City. Storm Development agrees to pay any cable television franchise fees approved by City ordinance for inside-City cable television systems I should cable television be undertaken by Storm Development. C. Storm Development shall submit a site plan for any land to be developed within the District other than for single family or duplex structures. Said site plan must be submitted to and approved by Storm Development's Architectural Control Committee prior to any construction on the land included on the site plan. Storm Development agrees to submit a subdivision master plan for the entire District to the City. Future individual property owners within the District shall comply wjth the approved plan. Storm Development shall place this restriction and covenant upon all land within the District and the same shall run with said land and shall be binding upon Storm Development, its successors and assigns. This restrictive covenant shall be recorded in the manner and the time specified in Paragraph B of this Article IX. Storm Development shall appoint the City Planning Director or his designee to serve as a permanent member on the Architectural Control Comrni ttee. D. Storm Development at its expense agrees to prepare an archeological inventory and analysis of land within the District prior to the time a request for approval of a subdivision plat A:SMMUD1.4-13 (1/22/86)