Ord 2012-002 - Laserfiche WebLink

Home Browse Search

15. Each Living Court Lot will be a part of a condominium homeowners association (Condo HOA) operated as a condominium association in accordance with Laws and Regulations of the State of Texas. 16. The Condo HOA documents shall include the following provisions: A. No Dwelling Unit may be occupied by more than two (2) unrelated persons. B. Owners must obtain a Leasing Permit in order to lease a Dwelling Unit. C. Leasing Permits will not be issued for more than 20% of the Dwelling Units, and Leasing Permits will not be issued for more than 25% of the Dwelling Units on any one lot. D. If due to hardship, an owner may request a Hardship Leasing Permit which the Board shall have the discretionary authority to issue or deny. MISCELLANEOUS 3.1. The Developer understands and acknowledges that the Property will be bound by the provisions of these Development Standards as though they were conditions, restrictions and limitations on use of the Property under the City's zoning ordinances. 3.2. The Developer, as fee simple owner of the Property, in consideration for the City's approval of the rezoning of the Property, including these Development Standards as an integral part thereof, declares and establishes the following restrictive covenants on the Property in favor of the City. The Developer, on behalf of itself and its successors and assigns with respect to ownership of the Property, covenants and agrees to comply with these Development Standards, and in particular, the following: 2.2 Descriptions of land uses 2.3 Additions and exceptions to City Code 3.0 Miscellaneous The Developer and the City stipulate that (1) this covenant touches and concerns the Property, (ii) notice will be given by filing of this instrument in the public records of Hays County, Texas, and (iii) these covenants are reasonable in connection with the Project. These covenants run with the title to the Property and are binding on the Property Owner and the Developer's successors and assigns. These covenants may be amended only with the written consent of the City. 3.3. The Property Owner understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these Development Standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of San Marcos, as amended. The Developer further understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these Development Standards shall be subject to a suit by the City for an injunction to enjoin the violation of these Development Standards as restrictive covenants, and as though they were conditions, restrictions and limitations on use of the Property under the City's zoning ordinance. 3.4. All obligations of the Developer created under these Development Standards are performable in Hays County, Texas and venue for any action arising under these Development Standards shall be in Hays County, Texas. These Development Standards will be construed in accordance with the laws of the State of Texas. 3.5. Nothing in these Development Standards, express or implied, is intended to confer any rights, benefits or remedies under or by reason of these Development Standards upon any person or entity other than the City of San Marcos. 3.6. These Development Standards may be revised and amended only in accordance with the procedures described in the City's zoning and planned development district ordinances, as amended. BLANco RIVER VILLAGE Page 16 PDD Development Standards 7535846v.6