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Res 2021-232/approving a fifth amended and restated Development Agreement with Lazy Oaks Ranch, LP and its partial assignees in connection with the La Cima Development near the intersection of Old Ranch Road 12 and Wonder World Drive
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Res 2021-232/approving a fifth amended and restated Development Agreement with Lazy Oaks Ranch, LP and its partial assignees in connection with the La Cima Development near the intersection of Old Ranch Road 12 and Wonder World Drive
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sufficient postage affixed. <br />Any notice mailed to the City shall be addressed to: <br />City Manager <br />Qty of San Marcos <br />630E.Hopkins Street <br />San Marcos, Texas 78666 <br />Any notice mailed bothe County shall baaddressed to: <br />Director ofDevelopment Services <br />Hays County <br />2171YaningtonRoad <br />San Marcos, TX7886G <br />Any notice mailed ho LOR, LCSyN Ph. 1-1, LCSK4 Ph.1-2, LSCK4 Ph. 2, LCSyW Ph. 3, LCSyW Ph. <br />4.LaQmoCommercial, LCSW1VVVVorLCSMWest shall boaddressed to: <br />c/o Dubois, Bryant & Campbell, LLP <br />Attn: Mr. Bryan VV.Lee, Manager <br />3O3Colorado, Suite 230O <br />Austin, Texas 78701 <br />2.15 Force Majeure <br />Owner and the City agree that the obligations of each party shall be subject to force majeure events <br />such as natural calamity, fire or strike. <br />2.16 Assignment <br />Auofthe Effective Date, Owner owns the Property. Owner may assign its rights and obligations under <br />this Agreement to any third party (ies) only after providing written notice of assignment to the City. <br />The terms of this Agreement shall be covenants running with the land and binding on successors and <br />assigns. <br />2.17 Signatures <br />The City represents that this Agreement has been approved and duly adopted by the City Council of <br />the City in accordance with all applicable public meeting and public notice requirements including, <br />but not limited to, notices required by the Texas Open Meetings Act, and that the individual executing <br />this Agreement on behalf of the City has been authorized to do so. Owner represents and warrants <br />that this Agreement has been approved by appropriate action ofOwner and that the individual <br />executing this Agreement onbehalf ofOwner has been authorized todoso. <br />218 Successors and Assigns and Recordation <br />The terms ofthis Agreement shall becovenants running with the land and binding onsuccessors and <br />assigns. Pursuant* to the requirements of Section 212.172UD, Local Government Code. this <br />Agreement shall be recorded in the official public records of Hays County, Texas. The terms of this <br />Agreement shall be binding upon: (a) the Parties; (b)the Parties' successors and assigns; (c) the <br />Property; and (d)future owners nfall orany portion ofthe Property. Notwithstanding the foregoing, <br />however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title <br />as to, any end -buyer of fully developed and improved lot within the Property except for land use <br />and development regulations within this Agreement that apply to specific lots, including architectural, <br />environmental and water quality, landscaping and setback and dimensional stmndardo, and <br />impervious cover limits, together with applicable rights of enforcement in this Agreement as to such <br />land use and development regulations. <br />2.10 Counterpart Originals <br />18 <br />3493291.1 <br />
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