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Res 2018-199/approving a First Amended and Restated Development Agreement with LaSalle Holdings, LTD. in connection with the development generally located north of Yarrington Road, east of Interstate 35 and west of State Highway 21 that, among other thin
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Res 2018-199/approving a First Amended and Restated Development Agreement with LaSalle Holdings, LTD. in connection with the development generally located north of Yarrington Road, east of Interstate 35 and west of State Highway 21 that, among other thin
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2/7/2020 10:08:02 AM
Creation date
10/23/2018 3:07:42 PM
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Resolutions
City Clerk - Type
Agreement
Number
2018-199
Date
10/16/2018
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Owners will include in the Regulating Plan provisions for establishing one or more <br />Homeowners Association(s) (HOA) or other entity or entities as may be necessary <br />and convenient for the Project. <br />1.11 Temporary Industrial Activity <br />Owners may conduct temporary industrial activities on the property as necessary <br />or desired to extract, process, sell and/or manufacture minerals and mineral <br />products on the Property, provided that such operations are conducted in <br />compliance with State of Texas permits, regulations and/or standards. The <br />temporary industrial activity shall cease when residential development, as that term <br />is defined in the relevant Regulating Plan, occurs within 1,000 feet of the industrial <br />activity. <br />SECTION 2: MISCELLANEOUS PROVISIONS <br />2.01 Term <br />The term of this Agreement will commence on the Effective Date and continue for <br />fifteen (15) years thereafter ("Initial Term"), unless sooner terminated under this <br />Agreement. After the Initial Term, the Agreement may be extended for another <br />fifteen (15) year period by Owners, with City's approval, by delivering written notice <br />of such election to the City on or before the expiration of the then -current term. <br />Following expiration of the second 15 year term, the Agreement may be extended <br />for up to three successive five (5) year periods by Owners, with City's approval, by <br />delivering written notice of such election to the City on or before the expiration of <br />the then -current term. <br />This Agreement will terminate if the Consent Agreement for the MUD creation <br />expires or the MUD is dissolved. <br />2.02 Enforcement and Default and Remedies for Default <br />The Parties agree that the City shall be entitled to enforce SmartCode as <br />SmartCode exists on the effective date of this Agreement, as modified by the <br />Regulating Plan or Plans adopted pursuant to the Original Development <br />Agreement dated October 6t", 2014. If either Party defaults in its obligations under <br />this Agreement, the other Party must, prior to exercising a remedy available to that <br />Party due to the default, give written notice to the defaulting Party, specifying the <br />nature of the alleged default and the manner in which it can be satisfactorily cured, <br />and extend to the defaulting Party at least thirty (30) days from receipt of the notice <br />to cure the default. If the nature of the default is such that it cannot reasonably be <br />H., <br />
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