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designed and constructed at the developer's expense. The construction of a left- <br />hand turn lane and a deceleration lane on Hunter/Hopkins Road may occur <br />concurrently with the construction of the apartments, but no certificates of <br />occupancy will be issued until the left-hand turn lane and a deceleration lane <br />have been completed and accepted. An additional entrance/exit onto Dutton <br />Drive will be added in order to diffuse and distribute traffic away from <br />Hunter/Hopkins Road. <br />Part 5. Miscellaneous <br />5.01. The Property Owner understands and acknowledges that the Project Site will be <br />bound by the provisions of these development standards as though they were <br />conditions, restrictions and limitations on the use of the Project Site under the City's <br />Land Development Code. <br />5.02. The Property Owner understands and acknowledges that any person, firm, <br />corporation or other entity violating any provisions of these development standards shall <br />be subject to all penalties that apply to violation of the zoning ordinances of the City of <br />San Marcos, as amended. The Property Owner further understands and acknowledges <br />that any person, firm, corporation or other entity violating any provisions of these <br />development standards shall be subject to a suit by the City for an injunction to enjoin <br />the violation of these development standards as though they were conditions, <br />restrictions and limitations on use of the Project Site under the City's Land Development <br />Code. <br />5.03. All obligations of the Property Owner created under these development standards <br />are performable in Hays County, Texas and venue for any action arising under these <br />development standards shall be in Hays County, Texas. These development standards <br />will be construed in accordance with the laws of the State of Texas. <br />5.04. Nothing in these development standards, express or implied, is intended to confer <br />any rights, benefits or remedies under or by reason of these development standards <br />upon any person or entity other than the City of San Marcos. <br />5.05. These development standards may be revised and amended only in accordance <br />with the procedures described in the City's Land Development Code, as same may be <br />amended from time to time. <br />5.06. These development standards shall control the development of the Project Site, to <br />the extent such development standards modify, amend or supplement specific <br />provisions of the City's Land Development Code or said development standards shall <br />control. To the extent the City's Land Development Code is not specifically amended, <br />modified or supplemented by these development standards, the City's Land <br />Development Code, as same may exist at the time of approval of these development <br />Planned Development District 10 3/23/2009 <br />Purgatory Creek