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Res 2017-119/third addendum to the Chapter 380 Economic Development Incentive Agreement with Humpty Dumpty SSM, Ltd. in connection with the redevelopment of Springtown Shopping Center, which amends the agreement by providing waivers of certain exterior bu
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Res 2017-119/third addendum to the Chapter 380 Economic Development Incentive Agreement with Humpty Dumpty SSM, Ltd. in connection with the redevelopment of Springtown Shopping Center, which amends the agreement by providing waivers of certain exterior bu
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Approving
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2017-119
Date
8/1/2017
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parking, street furniture, trash and recycling receptacles, landscape planters and trees <br />at regular intervals. <br />5. Addition of Exhibit Regarding Exterior Materials. A new Exhibit "D" and Exhibit "E" <br />are hereby added to the 380 Agreement for the purpose of providing the specifications and <br />plans that establish the parameters under which specific exterior building materials may be <br />used and dimensions adjusted pursuant to the waiver of Section 4.4.2.1(c) and Sections <br />4.4.3.2(2) of the LDC added by paragraph 4 of this Addendum. The new Exhibit "D" and <br />Exhibit "E" are attached to this Addendum and incorporated herein. <br />6. Amendment of Section 5.07 to Clarify Duration of Waivers. Section 5.07 is amended to <br />read as follows: <br />Section 5.07. Status of Signs and Waivers Upon Termination. <br />a. Generally. Upon expiration of the Term, or earlier termination of <br />this Agreement, the Owner agrees that, except as otherwise provided herein, <br />the waivers of standards under the LDC granted by this Agreement shall <br />automatically expire and all uses, signs or improvements occurring or <br />installed after the date of termination shall be in accordance with the <br />provisions of the LDC or successor ordinances and regulations then in <br />effect. However, any active land uses, including conditional uses, together <br />with any existing improvements on the Site originally allowed under this <br />Agreement, if inconsistent with the zoning ordinances and standards in <br />effect on or after the date of expiration of the Term or earlier termination, <br />will be allowed to continue or remain as legally nonconforming uses and <br />structures, subject to then applicable ordinances regarding changes to <br />legally nonconforming uses and structures and applicable terms of any <br />associated conditional use permits. <br />b. Continuation of Certain Waivers in VMU Lot. <br />Notwithstanding the limitations on waivers in subsection a immediately <br />above, the waivers for Site Design, Impervious Cover, Max %, and <br />Minimum Rear Yard Setback set forth in the table under Section 4.07 will <br />continue to run with the land beyond the end of the Term or earlier <br />termination of this Agreement, in the portion of the Site presently zoned as <br />Vertical Mixed Use District (VMU)._ <br />[SIGNATURES FOLLOW ON NEXT PAGE] <br />
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