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Res 2023-020 approving a first amended and restated Development Agreement with Franklin Mountain San Marcos 1, LP, in connection with the Development Case No. PDA-22-07; SMART Terminal
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Res 2023-020 approving a first amended and restated Development Agreement with Franklin Mountain San Marcos 1, LP, in connection with the Development Case No. PDA-22-07; SMART Terminal
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Resolutions
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Approving
Number
2023-020
Date
1/17/2023
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(a) any moratorium on building or development within the Property, or (b) <br /> any land use or development regulation that limits the rate or timing of land <br /> use approvals, whether affecting preliminary plans, final plats, site plans, <br /> building permits, certificates of occupancy or other necessary approvals, <br /> within the Property. No City-imposed moratorium, growth restriction, or <br /> other limitation affecting the rate, timing or sequencing of development or <br /> construction of all or any part of the Property will apply to the Property if <br /> such moratorium, restriction or other limitation conflicts with this Agreement <br /> or would- have the effect of increasing Owner's obligations or decreasing <br /> Owner's rights and benefits under this Agreement. This Agreement on the <br /> part of the City will not apply to temporary moratoriums uniformly imposed <br /> throughout the City and ETJ due to an emergency constituting an imminent <br /> threat to the public health or safety, provided that the temporary mo <br /> ratorium <br /> continues only during the duration of the emergency or a moratorium <br /> authorized by Subchapter E, Chapter 212 of the Texas Local Government <br /> Code. <br /> 6.04 Exhibits/Amendment <br /> A. All exhibits attached to this Agreement are incorporated into and made a iv <br /> part of this Agreement for all purposes. The paragraph headings contained <br /> in this Agreement are for convenience only and do not enlarge or limit the <br /> scope or meaning of the paragraphs. Wherever appropriate, words of the <br /> masculine gender may include the feminine or neuter, and the singular may <br /> include the plural, and vice-versa. Each of the Parties has been actively and h: <br /> equally involved in the negotiation of this Agreement. Accordingly, the rule <br /> of construction that any ambiguities are to be resolved against the drafting <br /> Party will not be employed in interpreting this Agreement or its exhibits. This <br /> Agreement may be executed in any number of counterparts, each of which <br /> will be deemed to be an original, and all of which will together constitute the <br /> same instrument. This Agreement will become effective only when one or <br /> more counterparts, individually or taken together, bear the signatures of all <br /> of the Parties. <br /> r <br /> B. Owner may make minor changes to the Conceptual Land Use Plan and <br /> other attachments to this agreement with approval from the Director of <br /> Planning & Development Services and may make major changes with <br /> approval by City Council. Minor change shall consist of but are not limited <br /> to: <br /> 1. A change that does not materially affect a change of lot or unit <br /> density contemplated by this Agreement by more than 10% <br /> 2. Changes to the phasing p g <br /> hasin Ian resulting from availability of <br /> infrastructure to se <br /> rve the Property. <br /> l <br />
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