Common use of Governing Regulations Clause in Contracts

Governing Regulations. (a) Except as may otherwise be mutually agreed to by the Parties, use and development of the Property shall be governed solely by the following regulations (collectively, the “Governing Regulations”): (i) the comprehensive zoning ordinance of the City as it exists on the Effective Date (the “Zoning Ordinance”), as amended by the Development Regulations (defined below) and the Concept Plan (defined below); and (ii) the subdivision regulations of the City codified as Chapter 10 of the City's Code of Ordinances as such regulations exist on the Effective Date (the “Subdivision Regulations”); and (iii) the development regulations set forth on Exhibit B (the “Development Regulations”) and the concept plan set forth on Exhibit C (the “Concept Plan”), which modify the Zoning Ordinance; and (iv) final plats for all or portions of the Property that are approved, from time to time, by the City in accordance with this Agreement (the “Approved Plats”). (b) The Governing Regulations are exclusive, and no other ordinances, rules, regulations, standards, policies, orders, guidelines, or other City-adopted or City-enforced requirements of any kind (including but not limited to any moratorium adopted by the City after the Effective Date) apply to the development of the Property. Pursuant to the authority of Section 242.001(a)(3) of the Texas Local Government Code, the Parties agree that the Governing Regulations shall include the City’s exercise of exclusive jurisdiction over the subdivision and platting of the Property and the design, construction, installation, and inspection of public infrastructure needed to serve the development of the Property as permitted by this Agreement (“Public Infrastructure”) in the event the City does not exercise the option of annexing the Property. To the extent the Governing Regulations require compliance with the City’s comprehensive plan or master thoroughfare plan, this Agreement shall control in the event of a conflict with the comprehensive plan or master thoroughfare plan.

Governing Regulations. (a) Except as may otherwise The Property shall be mutually agreed to by the Parties, developed with a mixed use including commercial shopping center and development single-family residential development. The Single Family Property will be developed with 5,750 square feet minimum lots with retail City water and sewer service. Development of the Property shall be governed solely by this Agreement and the following regulations (collectively, the “"Governing Regulations”"): (ia) the comprehensive zoning ordinance City's Subdivision Regulations, consisting of Ordinance No. 662-19 effective January 14, 2019, as it may be amended from time to time, now codified in Chapter 9 of the Xxxxxx Code of Ordinances, and all other subdivision-related provisions of this Agreement (the "Subdivision Regulations") attached as Exhibit C, provided that to the extent that the Subdivision Regulations conflict with this Agreement, this Agreement shall control; (b) building, plumbing, electrical, mechanical, and fire codes adopted by the City and uniformly enforced within the City's corporate boundaries, as may be amended from time to time, and any subsequently adopted local amendments to the building, fire, electrical, plumbing, mechanical, or other applicable codes and ordinances of the City as it exists on that are uniformly applicable to similarly situated development within the Effective Date City's corporate boundaries (the “Zoning Ordinance”"Building Codes"), ; (c) development standards attached as amended Exhibit D (the "Development Standards - Residential") and Exhibit D-1 (the "Development Standards – General Business") ; (d) Street Standards in the Subdivision Regulations as modified by the Development provisions attached as Exhibit E (the "Street Standards"); (e) water and sewer standards in the Subdivision Regulations as modified by the provisions attached as Exhibit F (the "Water and Sewer Standards"); (f) miscellaneous development conditions attached as Exhibit G (the "Miscellaneous Conditions"); (g) Drainage Standards in the City's Subdivision Regulations of the Code of Ordinances, and the Flood Damage Prevention Regulations (defined below) and the Concept Plan (defined below"Drainage Standards"); and (ii) the subdivision regulations of the City codified as Chapter 10 of the City's Code of Ordinances as such regulations exist on the Effective Date (the “Subdivision Regulations”); and (iii) the development regulations set forth on Exhibit B (the “Development Regulations”) and the concept plan set forth on Exhibit C (the “Concept Plan”), which modify the Zoning Ordinance; and (ivh) final plats for all or portions of the Property that are approved, from time to time, by the City in accordance with this Agreement (the “each an "Approved Plats”Plat"). (b) The Governing Regulations are exclusive, and no other ordinances, rules, regulations, standards, policies, orders, guidelines, or other City-adopted or City-enforced requirements of any kind (including but not limited to any moratorium adopted by the City after the Effective Date) apply to the development of the Property. Pursuant to the authority of Section 242.001(a)(3) of the Texas Local Government Code, the Parties agree that the Governing Regulations shall include the City’s exercise of exclusive jurisdiction over the subdivision and platting of the Property and the design, construction, installation, and inspection of public infrastructure needed to serve the development of the Property as permitted by this Agreement (“Public Infrastructure”) in the event the City does not exercise the option of annexing the Property. To the extent the Governing Regulations require compliance with the City’s comprehensive plan or master thoroughfare plan, this Agreement shall control in the event of a conflict with the comprehensive plan or master thoroughfare plan.

Governing Regulations. (a) Except as may otherwise be mutually agreed to by the Parties, use and development Development of the Property shall be governed solely by the following regulations (collectively, the “Governing Regulations”): by: (i) the comprehensive zoning ordinance of Concept Plan; (ii) the City Municipality’s Subdivision Ordinance as it exists identified on the Effective Date (the Exhibit “Zoning Ordinance”)E” attached hereto, as amended by the Development Regulations (defined below) provisions of Sections 2.05 and the Concept Plan (defined below); and (ii) the subdivision regulations of the City codified as Chapter 10 of the City's Code of Ordinances as such regulations exist on the Effective Date 2.07 below and Exhibit “H” attached hereto (the “Amended Subdivision Regulations”); and (iii) the development regulations set forth Municipality’s Zoning Ordinance as identified on Exhibit B “F” attached hereto, as amended by the provisions of Sections 2.05 and 2.07 below and Exhibit “H” attached hereto (the “Amended Development Regulations”); (iv) the Municipality’s building and the concept plan set forth technical construction codes, as identified on Exhibit C “G” attached hereto, as amended by the provisions of Sections 2.05 and 2.07 below (the “Concept PlanAmended Building Codes”), which modify the Zoning Ordinance; and and (ivv) construction plats and final plats for all or portions of the Property that are approved, from time to time, by the City in accordance with this Agreement Municipality (the “Approved Plats”). The Concept Plan, Amended Subdivision Regulations, Amended Development Regulations, Amended Building Codes, and Approved Plats shall hereinafter be referred to collectively as the “Governing Regulations.” Development of the Property shall be governed exclusively by the Governing Regulations, which may be amended with respect to the Property without the prior written consent of Owner. Notwithstanding the foregoing, those provisions of the Governing Regulations that may not be amended by the Municipality without the prior written consent of the Owner are specifically set forth in Sections 2.05 and 2.07 below and in Exhibit “H” attached hereto. (b) Subject to Section 2.03 (a), which shall be controlling in all events, the following shall apply: (i) No change in the Concept Plan that requires a change in zoning district, specific use permit, special exception, or variance to the technical requirements of the zoning ordinance, shall be approved except in accordance with the provisions of the Amended Development Regulations. Any application for a change in zoning district standards other than a request for a variance from the Municipality’s Board of Adjustment will ultimately include consideration and action by the Municipality’s City Council. (ii) No change in the Concept Plan that requires a minor plat, amended plat, vacating plat, preliminary or final plat, development plat, or replat, shall be approved except in accordance with the Amended Subdivision Regulations. An application for a change from subdivision standards will ultimately include consideration and action by the Municipality’s City Council. (iii) The Governing Regulations are exclusiveOwner agrees that the reasonableness of discretionary decisions by the Municipality’s advisory, quasi-judicial, and no other ordinanceslegislative bodies, rulesas they relate to applications for amendment to land use and development regulations set forth herein, regulationsshall be governed by statutory and case law applicable to zoning, standardsplatting and regulatory administration inside the Municipality’s limits. (c) Development of the Property shall also be subject to ordinances that the Municipality is required to adopt, policiesfrom time to time, ordersby state or federal law; provided, guidelineshowever, if such state or other City-adopted or City-enforced requirements federal laws allow the Municipality to grant exemptions to such laws for which the Property qualifies, then the Property shall be exempt from such laws, and the Municipality shall take all action necessary to evidence such exemptions. Notice of any kind ordinance required by state or federal law shall be given to Owner (including but not limited together with a full-text copy of the proposed ordinance) and shall be conspicuously posted for six months prior to its effective date (with full- text copies available for distribution) in the Municipality’s office where building permits are customarily issued. Unless otherwise specifically provided by state or federal law, the effective date of any moratorium adopted by the City such ordinance shall be six months after the Effective DateMunicipality gives written notice of the ordinance to Owner. Any such ordinance shall only apply to preliminary plans filed with the Municipality after the effective date of the ordinance. Notwithstanding the foregoing, however, nothing in this section constitutes a waiver of Owner’s right to claim that Municipality’s ordinance required by state or federal law: (A) does not apply to the development Property based on the “vested rights” of the Property. Pursuant to the authority of Section 242.001(a)(3) of the Owner, whether such rights arise under Chapter 43, as amended, or Chapter 245, as amended, Texas Local Government Code; (B) does not apply to the Property based on any other legal or equitable theory, whether based on existing or future common-law or state or federal statutes; or (C) such application would constitute an illegal exaction or a “taking” without compensation. (d) To the full extent permitted by law, the Parties agree that Municipality agrees to take all actions necessary to effectuate the Governing Regulations shall include the City’s exercise of exclusive jurisdiction over the subdivision land use and platting of the Property and the design, construction, installation, and inspection of public infrastructure needed to serve the development of the Property as permitted by this Agreement (“Public Infrastructure”) ETJ Tracts after its annexation and the In-City Tracts in the event the City does not exercise the option of annexing the Property. To the extent the Governing Regulations require compliance accordance with the City’s comprehensive plan or master thoroughfare planConcept Plan, this Agreement shall control in including the event amendment of a conflict with the comprehensive plan or master thoroughfare planits Comprehensive Plan and Amended Development Regulations.