Res 2014-144/Lasalle request for a development agreement

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Due to the fact that the Project comprises a significant land area and its development will occur in phases over a number of years, modifications to the Conceptual Land Use Plan and other attachments to this agreement may become necessary due to changes in market conditions or other factors. In order to provide flexibility with respect to certain details of the development of the Project, Owners may make minor changes to the attachments of this agreement with approval by the City Planning Director. A minor change may be approved if it does not materially affect or change this agreement by more than 10% for factors such as, but not limited to: building materials in the pattern book and the repurposing of water bodies to recreational areas. Other changes shall be deemed a Major Change as determined by the Planning Director. The Owner may appeal this determination to the City Manager within 10 days of the date of notification of the decision. All major changes shall be presented to the City Council for review and final approval as an amendment to this agreement in accordance with the procedures established in the City's Land Development Code. Major changes shall consist of changes that do not fall within the definition of a minor change and shall consist of, but are not limited to: the addition of land area, density beyond what is permitted in SmartCode, changes in roadway alignments more than what is necessary to accommodate tree preservation or the protection of KARST features and a change in the base zoning. All other changes shall be considered Minor. 2.05 Recordation Pursuant to the requirements of Section 212.172(f), Texas Local Government Code, this Agreement shall be recorded in the official public records of Hays County, Texas. The terms of this Agreement shall be binding upon: (a) the Parties; (b) the Parties' successors and assigns; (c) the Property; and (d) future owners of all or any portion of the Property. Owners agree that all restrictive covenants for the Project shall reinforce this Agreement and shall not be inconsistent with the requirements herein. Owners further agree to memorialize the terms of this Agreement through inclusion in the plat notes. The Agreement shall be recorded in the Hays County land records to place subsequent purchasers on notice at Owners' expense and Owners shall provide a copy of all such restrictive covenants to the City prior to filing. im