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Res 2022-106R/approving a Seventh 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
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Res 2022-106R/approving a Seventh 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
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11/29/2022 10:14:02 AM
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11/8/2022 9:37:45 AM
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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 />216 Assignment <br />Aoofthe Effective Date, Owner owns the Property. Owner may assign its rights and obligations under <br />this Agreement to any third pedx (ieo) only after providing written notice ofassignment to the City. <br />The terms of this Agreement shall be covenants running with the land and binding on successors and <br />assigns. <br />217 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 bvthe 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 andReuordation <br />The terms ofthis Agreement shall becovenants running with the land and binding onsuccessors and <br />oani0na. Pursuant to the requirements of Section 212.172Ah. Local Government Code. this <br />Agreement shall be recorded in the official public records of Hays County, Texas. The terms ofthis <br />Agreement shall be binding upon: (a) the Parties; (b) the Parties' ouooauoona and assigns; (n) the <br />Property; and (d) future owners of all or any portion of the 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 vvmber quality, landscaping and setback and dimensional mtondmndm, and <br />impervious cover limits, together with applicable rights of enforcement in this Agreement as to such <br />land use and development regulations. <br />219 Counterpart Originals <br />This Agreement may be executed in counterparts, each of which shall be deemed to be an original. <br />2.18 Exhibits <br />The Exhibits tothis Agreement consists ofthe following Exhibits: <br />Exhibits ^A".^A-1^.^A-2^.^A-3''.and ^A-4^—Legal Descriptions ofthe various parcels constituting the <br />"Original Property" totalling 2,552.379 acres <br />Exhibit ^A-5^—Legal Description ofthe "Additional 837.3Acre Tract" <br />Exhibit ^A-G^—Legal Description ofthe "Additional G58.513Acre Tract" <br />Exhibit ''B^—Cnnueptuo|Land Use Plan <br />Exhibit ''C^—Conservation and Open Space Plan <br />Exhibit ^U^—Development Standards for Film and Production Studio Use <br />Exhibit ^E''—Conceptual Rendering ofStudio Site <br />Exhibit ^F^—Concept Plan for Phase |Multi -Family <br />[Signature Page Follows] <br />17 <br />
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