Laserfiche WebLink
a. The freestanding pole sign shall be permitted up to 68 feet in height instead of <br /> the 42.5 feet permitted in the San Marcos Development Code. <br /> b. The freestanding pole sign shall be permitted for a sign face area up to 360 square <br /> feet(inclusive of the "San Marcos" panel) instead of the 260 square feet of area permitted in the <br /> San Marcos Development Code. A minimum of 90 square feet shall be dedicated for the "San <br /> Marcos"panel as depicted in the attached"WITH CITY PANEL"elevation. <br /> Except as specifically modified in this section, all signs on the Property shall meet the applicable <br /> requirements of the San Marcos Development Code,including the location restrictions in Section 7.3.1.6. <br /> ARTICLE V <br /> REPRESENTATIONS AND WARRANTIES OF THE CITY <br /> 5.1 The City represents and warrants that: <br /> a. The City is a home rule Texas municipal corporation and has the power to enter <br /> into and has taken all required actions to date required to authorize this Agreement and carry out <br /> its obligations hereunder. <br /> b. The City knows of no litigation,proceedings, initiative,referendum, investigation <br /> or threat of any of the same contesting the powers of the City or its officials with respect to this <br /> Agreement that has not been disclosed to Developer. <br /> ARTICLE VI <br /> DEVELOPER REPRESENTATIONS AND WARRANTIES. <br /> 6.1 Developer represents and warrants that: <br /> a. Developer is authorized to do business and is in good standing in the State of Texas <br /> and shall remain in good standing in the State of Texas during the Project Term. As used herein, <br /> the term"good standing"means the status of Developer with the Comptroller of the State of Texas <br /> shall be"Active". <br /> b. No litigation or govermnental proceeding is pending or, to the knowledge of <br /> Developer, threatened against or affecting Developer with respect to the Property or the Project <br /> that may result in any material adverse change in Developer's business or operation. <br /> C. No bankruptcy proceedings or other similar proceedings are currently pending or <br /> contemplated against Developer,and Developer has not been informed of any potential involuntary <br /> bankruptcy proceedings. <br /> d. Developer shall remain current and in good standing with all sales taxes,property <br /> taxes, fees and other recurring charges of City, the State of Texas, and Hays County taxing <br /> jurisdictions with respect to the Property and the Project throughout the Project Term; provided <br /> Developer or its Affiliates may contest any such taxes as provided for by applicable law. <br /> Economic Development Agreement <br />