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D. Major changes shall consist of but are not limited to: <br />1. The addition of land area <br />2. Density beyond what is permitted in SMDC, except as allowed by this <br />Agreement <br />3. Changes in roadway alignments more than what is necessary to meet <br />Code <br />4. Change in the base zoning <br />2.05 Recordation <br />Pursuant to the requirements of Section 212.172(f), Texas Local Government Code, <br />this Agreement shall be recorded in the official public records of Hays County, <br />Texas. The terms of this Agreement shall be binding upon: (a) the Parties, (b) the <br />Parties' successors and assigns; (c) the Property; and (d) future owners of all or any <br />portion of the Property. <br />Owners agree that all restrictive covenants for the Property shall not be inconsistent <br />with the requirements herein. Owners further agree to memorialize the terms of this <br />Agreement through inclusion in the plat notes. The Agreement shall be recorded in <br />the Hays County land records to place subsequent purchasers on notice at Owners' <br />expense and Owners shall provide a copy of all such restrictive covenants to the <br />City prior to filing. <br />2.06 Assignment and Binding Effect Upon Successors <br />Owner hereunder, may assign this Agreement, and the rights and obligations of <br />Owner to a subsequent purchaser of all or a portion of the undeveloped property <br />within the Property or to an affiliate of the Owner provided thatthe assignee assumes <br />all of the obligations hereunder, without any consent of the City being required. Any <br />assignment must be in writing, specifically describe the property in question, set forth <br />the assigned rights and obligations and be executed by the proposed assignee. A <br />copy of the assignment document must be delivered to the City and recorded in the <br />real property records as may be required by applicable law. Upon any such <br />assignment, the assignor will be released of any further obligations under this <br />Agreement as to the property sold and obligations assigned. <br />The provisions of this Agreement shall run with the land, will be binding upon, and <br />inure to the benefit of the Parties, future owners of the Property, and their respective <br />successors and assigns. This Agreement will not, however, be binding upon, or <br />create any encumbrance to title as to, any ultimate consumer who purchases a fully <br />developed and improved lot within the Property. <br />10 <br />