|
"Commission" means the Texas Commission on Environmental Quality or its successor
<br /> agency.
<br /> "Concept Plan" means the conceptual land use plan for the Property shown in Exhibit B,
<br /> which may be revised from time to time in accordance with this Agreement.
<br /> "County" means Hays County, Texas.
<br /> "Designated Successor(s) and Assign(s)" means (i) any entity which is the successor by
<br /> merger or otherwise to all or substantially all of any Owner's or Developer's assets and
<br /> liabilities including, but not limited to, any merger or acquisition pursuant to any public
<br /> offering or reorganization to obtain financing and/or growth capital; (ii)any entity which
<br /> may have acquired all of the outstanding stock or ownership of assets of any Owner or
<br /> Developer; or (iii) any entity affiliated with, related to, owned or controlled by, or under
<br /> common ownership or common control with any Owner or Developer.
<br /> "Design Criteria" means, as applicable: (i) WWTR Collection System Design Criteria
<br /> Technical Manual, effective April 17, 2015, (ii) WTR Distribution System Design Criteria
<br /> Technical Manual, effective January 13, 2020, (iii) Lift station design standards, effective
<br /> April 29, 2019, (iv) Stormwater Technical Manual, effective June 1, 2020, and (v)
<br /> Transportation Design Criteria Manual, Section 2, TIA, and no other sections, all in effect
<br /> as of the Effective Date of Original Agreement.
<br /> "Developer" means HK Real Estate Development LLC, and/or its assignee. Developer
<br /> shall also include any entity affiliated with,related to, or owned or controlled by HK Real
<br /> Estate Development LLC, for purposes of acquiring, owning or developing property
<br /> subject to, or that may become subject to, this Agreement.
<br /> "Director" shall mean the Director of the City's Planning and Development Services
<br /> Department, or its successor department and/or the Director's designee.
<br /> "District" and "Districts" means collectively and individually, as the context requires,
<br /> each of Hays County Municipal Utility District No. 8 and Hays County Municipal Utility
<br /> District No. 9 to be created pursuant to Article XVI, Section 59, Texas Constitution,
<br /> operating pursuant to Chapters 49 and 54, Texas Water Code, as amended, exercising all
<br /> powers granted to municipal utility districts under the Texas Constitution, Chapters 49
<br /> and 54 of the Texas Water Code, as amended, and all other laws of the State of Texas
<br /> presently existing or hereafter enacted. The District may exercise all powers granted to
<br /> the District by the Commission and law, including the power to design, construct, and
<br /> issue bonds for the purposes of water, sewer, drainage, and road facilities.
<br /> "Effective Date of Original Agreement" means December 7, 2021, the effective date of
<br /> the Original Agreement.
<br /> 3
<br />
|