Laserfiche WebLink
variances from or waivers of TCEQ or EPA rules or regulations shall be permitted. <br /> r <br /> SECTION 3: LAND USES <br /> Development of the Property is subject to the Permitted Uses and Prohibited Uses listed <br /> in Exhibit "D' attached hereto and made apart hereof for all purposes. Notwithstanding <br /> any restrictions, rights or privileges under applicable laws or the City's Development Code <br /> and other ordinances, the Permitted Uses shall be allowed on the Property and the <br /> Prohibited Uses are expressly prohibited on the Property. <br /> SECTION 4: COMPLIANCE WITH LAWS <br /> In performing its obligations under this Agreement, the Owner(s) shall comply with all <br /> applicable laws, regulations and ordinances. <br /> I <br /> SECTION 5: CONTINGENCY <br /> Contingent Upon Annexation and Zoning. This Agreement and any annexation <br /> contemplated herein, including the land described in Section 1.07(B), are specifically <br /> contingent on the City zoning, as contemplated in Section 1.08, and annexing all or <br /> portions of the Property as contemplated herein. <br /> SECTION 6: MISCELLANEOUS PROVISIONS <br /> 6.01 Term <br /> A. The term of this Agreement will commence on the Effective Date and <br /> continue for forty-five (45) years thereafter ("Initial Term"), unless sooner <br /> terminated under this Agreement. After the Initial Term, the Agreement may <br /> be extended for a fifteen (15)year period by Owner, with City's approval, by <br /> delivering written notice of such election to the City on or before the <br /> expiration of the then-current term. Following expiration of the second 15- <br /> u <br /> year term, the Agreement may be extended for p to three successive five <br /> (5) year periods by Owner, with City's approval, by delivering written notice <br /> of such election to the City on or before the expiration of the then-current <br /> term. <br /> 6.02 Enforcement and Default and Remedies for Default <br /> A. The Parties agree that the City shall be entitled to enforce the San Marcos <br /> Development Code as it exists on the effective date of this Agreement, as <br /> modified by this Agreement. If either Party defaults in its obligations under <br /> this Agreement, the other Party must, prior to exercising a remedy available <br /> to that Party due to the default, give written notice to the defaulting Party, <br /> specifying the nature of the alleged default and the manner in which it can <br /> be satisfactorily cured, and extend to the defaulting Party at least thirty (30) <br /> days from receipt of the notice to cure the default. If the nature of the default <br /> is such that it cannot reasonably be cured within the thirty (30) day period, <br />