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3. Owner. The term "Owner" in the 380 Agreement means HUMPTY DUMPTY SSM, <br />LTD., a Texas limited partnership. The rights, benefits, interests, duties, and obligations <br />of Owner in the 380 Agreement will not automatically transfer upon the conveyance of <br />all or a portion of the Site and may only be transferred in accordance with an assignment <br />permitted pursuant to Section 8.03 of the 380 Agreement. <br />4. Amendment of Section 4.07. Section 4.07 is hereby amended to read as follows: <br />Section 4.07. Waiver of Certain Land Development Code <br />Requirements. The City waives certain standards of the LDC as set forth in the <br />table below: <br />Applicable <br />Standard <br />Section <br />Zoning <br />Intent <br />Designation <br />Existing conditions on Site are permitted <br />Impervious Cover, Max % <br />Table 4.1.6.1 <br />GC, VMU <br />to continue. <br />Existing conditions on Site are permitted <br />Required Landscape Area <br />6.1.1.4 <br />GC, VMU <br />to continue. <br />Existing conditions permitted to <br />Sidewalks <br />7.4.2.3 <br />GC, VMU <br />continue. Enhanced pedestrian <br />connectivity shall be provided <br />throu hout the Site. <br />Existing conditions on Site are permitted <br />Parking Area Screening <br />6.1.2.2 <br />GC <br />to continue. VMU portion of the Site will <br />meet code requirements. <br />Existing conditions on Site are permitted <br />Lighting and Glare <br />6.5.2.1(d) <br />GC <br />to continue. VMU portion of the Site will <br />Standards <br />meet code requirements. <br />Existing conditions on Site are permitted <br />Material Standards <br />4.4.2.1(c), <br />GC <br />to continue. <br />VMU portion of the Site will meet code <br />requirements, except that the <br />requirements under Section 4.4.2.1(c) <br />and Section 4.4.3.2(2)(b) are partially <br />waived for the limited purpose of <br />allowing exterior metal panels and tile in <br />strict conformance with the plans and <br />specifications in Exhibit "D." The <br />Material Standards <br />4.4.2.1(c), <br />VMU <br />Director of Planning and Development <br />4.4.3.2(2) <br />Services, however, may approve minor <br />deviations of up to 10 feet or 10 percent, <br />as applicable, from the quantities, <br />placement or dimensions of exterior <br />materials or architectural features shown <br />in Exhibit "D" when the deviation is <br />necessary, in the Director's sole opinion, <br />to satisfy applicable building codes. <br />