Res 2006-153 - Laserfiche WebLink

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remaining portion of the Developer's property that is within the Project Site into the city limits of San Marcos, and consenting to the addition of the ETJ Area and such other area into the Zone, so that the City of San Marcos may annex the ETJ Area and such other area into the city limits of San Marcos and add the ETJ area and such other area into the Zone. If the Developer owns the ETJ area, the Developer may itself provide such consents. (C) The Developer shall secure and provide to the City a written document executed by Hays County consenting to annexation of the portion of the Yarrington Road right- of-way that is within the Project Site into the city limits of San Marcos, and consenting to the addition of such right-of-way area into the Zone, so that the City of San Marcos may annex such right-of-way area into the city limits of San Marcos and add the right-of-way area into the Zone. (D) The Developer shall secure and provide to the City a written document executed by the owner of the portion of the Eastern Project Segment located within Lots 1, 21, 24 and 25 of the Champions Business Park Subdivision consenting to the addition of such area into the Zone, so that the City of San Marcos may add such area into the Zone, If the Developer owns such area, the Developer may itself provide this consent. Upon receipt of all such consents from the Developer, the City agrees to proceed diligently to annex to the city the portion of the Eastern Project Segment that is currently outside the city limits, and to add to the Zone the Eastern Project Segment. If the Developer fails to provide all of the consents described in (A), (B), (C) and (D) above by December 31, 2006 (subject to extension by mutual written consent of the Parties), the Parties understand and agree that the City shall not be obligated to approve or file for record any subdivision plats for any of the Developer's property in the Zone unless and until the Developer provides all such consents to the City, Section 3,03 Additional Proiects, This Agreement does not apply to any projects not specifically defined herein; provided, however, that this Agreement may be amended in writing and signed by the Zone, the City and the Developer, to provide for (1) the cancellation of activities currently included in the Project and (2) the installation and construction of additional projects and/or to provide for additional methods of financing costs of the Project, if additional projects and/or alternative financlng options are determined by the Parties to be in their mutual best interests. Section 3,04 Acceptance ofProiect. (A) Promptly upon the completion of construction of the Project, the Developer may submit a written request to the City for a Letter of Acceptance certifying the City's acceptance of the Project. The Letter of Acceptance shall be in a recordable form, and shall be a conclusive determination of satisfaction with respect to the Project. Upon receipt of such a request from the Developer, the City shall have 30 days to provide a Letter of Acceptance or a written statement indicating in detail why the certificate cannot be issued, and what measures or acts will be necessary for the Developer to take or perform, in the reasonable opinion of the City, to obtain issuance of such Letter of Acceptance. The Developer will follow -6-