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Res 2015-064/Economic Development Incentive Agreement with San Marcos 123 and 35 Partners Two, L.L.C., that waives certain sign standards under the City’s Land Development Code in order to allow a freestanding pole sign within the San Marcos River corrid
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Res 2015-064/Economic Development Incentive Agreement with San Marcos 123 and 35 Partners Two, L.L.C., that waives certain sign standards under the City’s Land Development Code in order to allow a freestanding pole sign within the San Marcos River corrid
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7/13/2015 1:05:46 PM
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6/15/2015 1:54:11 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-64
Date
6/2/2015
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allowed to install both a monument sign and the Pole Sign. <br />Section 3.02. Waiver Limited. The above waiver applies only for purposes of allowing <br />the Pole Sign. Except as specifically stated above, the City grants no other waivers of <br />requirements under the LDC, and all signs installed by the Owner and any tenants in connection <br />with the development of the Site, shall conform in every other respect to the requirements of the <br />LDC and other applicable ordinances, rules, regulations and standards of the City. <br />PART 4. DURATION, DEFAULT AND TERMINATION <br />Section 4.01. Duration. The Pole Sign shall be allowed to remain on the Site for as long <br />as Freddy's continuously operates its business on the Site. If Freddy's ceases to operate its <br />business on the Site, but a dine -in restaurant on the other portion of the Site approved by the City <br />Manager is still actively operating its business when the cessation occurs, the Pole Sign may <br />remain on the Site for purposes of advertising such remaining dine -in restaurant. When both <br />Freddy's and any dine -in restaurant on the other portion of the Site both cease to conduct <br />business on the Site, the waiver shall automatically expire. <br />a. Status of Pole Sign Upon Expiration. Within 90 days after the date of <br />expiration of the waiver as provided under Section 4.01, the Owner shall completely <br />remove or modify the Pole Sign as necessary to meet the City's then applicable <br />ordinances governing signs. <br />Section 4.02. Default. The City Manager may declare a default under this Agreement if <br />the Owner: <br />a. fails to comply with the obligations and requirements under Part 2; <br />b. made or makes any representation relied upon by the City in entering into <br />this Agreement or in any request or submission to the City relating to this Agreement that <br />is false or misleading in any material respect; <br />C. allows ad valorem taxes payable to the City on property owned by the <br />Owner to become delinquent; or <br />d. fails to comply with any other terms of this Agreement. <br />Section 4.03. Default Termination. If the City Manager determines that the Owner is <br />in default under Section 4.02, the City Manager may notify the Owner in writing of such default, <br />and if the default is not cured within 30 days from the date of the notice, the City Manager may <br />terminate this Agreement, unless said default cannot reasonably be cured within 30 days and <br />reasonably and commercially diligent efforts are being made to cure said default. For any <br />default incapable of being cured, the City Manager may terminate this Agreement upon sending <br />30 days' prior written notice of termination to the Owner. <br />a. Status of Pole Sign on Default Termination. Upon termination of this <br />9 <br />
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