O-2008-3067 Service and Assessment Plan for Lakes at Fairmont Greens

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ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Developer shall develop the entire Tract in general accordance with the General Plan, SCUP and this Agreement, and any amendments thereto, as approved by the City, allowing for periodic updates and amendments to such Plan as various sections of the Overall Development are implemented. The overall Lakes at Fairmont Greens development (in accordance with the General Plan) is attached herewith and additional Land Use Restrictions are provided for in paragraph 2.3. 2.2 Amendments. The City acknowledges and Developer represents that the Developer's intent is to develop the Tracts as a residential PUD development consistent with the City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide amenities and support facilities as set forth on the General Plan and SCUP, both of which are attached to this Agreement. City acknowledges that Developer intends to develop the Tracts in phases, and that all development shall be in accordance with the Special Conditional Use Permit #SCU 04- 012 (SCUP), the General Plan and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit said modifications to the City for review and approval, which said application shall be processed consistent with this Agreement, the current General Plan and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Developer agrees to conform to the City's Code of Ordinances, Land Use Plan and established policies. ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Developer has prepared Draft Declaration of Restrictive Covenants for Lakes at Fairmont Greens which are attached to this Agreement as Exhibit "E". The covenants and'deed restrictions will apply to and be binding upon the entire Tract. Declaration of Restrictive Covenants shall be approved by the City and shall be recorded concurrently with the recordation of each plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the plats completed or installed and financed by the Developer). Developer's Ag~eement (rinal) 011708 Page 3 of 9