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<br />Owner-Developer means Port Crossing Land, LP or their assigns or succeeding developers (or <br />their designated agent or agents). <br /> <br />Tract means the approximately 300 acres of land to be developed by Owner-Developer as <br />described in Exhibit A. <br /> <br />1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as <br />though fully incorporated herein: <br /> <br />Exhibit A - Special Conditional Use Permit ("SCUP") SCUP #SCU 05-003, dated 3/28/05 <br /> <br />Exhibit B - General Plan, consisting of the final plat ("Plat") to be recorded. <br /> <br />Exhibit C - Land Use Exceptions <br /> <br />Exhibit D - Draft Declaration of Restrictive Covenants for Port Crossing applicable to all <br />construction and uses. <br /> <br />Exhibit E- Traffic Control Plan <br /> <br />ARTICLE II. GENERAL PLAN AND LAND USE <br /> <br />2.1 General Plan and Land Use. Owner-Developer and Other Owners shall develop their <br />respective portions of the entire Tract in accordance with the General Plan, SCUP and this <br />Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land <br />Use Restrictions are provided for in paragraph 2.3. The Owner-Developer and Other Owners <br />shall only be responsible for compliance with the General Plan, SCUP and this Agreement with <br />respect to their respective portions of the entire Tract. <br /> <br />2.2 Amendments. The City acknowledges and Developer represents that Developer's intent <br />is to develop the Tract as a predominantly commercial PUD development, with some industrial <br />components consistent with City's Land Use Plan subject to certain exceptions listed below. <br />Developer or Developer's successors shall provide appropriate amenities and support facilities as <br />set forth on the General Plan, which is attached to this Agreement. City acknowledges that <br />Developer intends to develop the Tract in phases, and that all development shall be consistent <br />with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should <br />Developer determine that the General Plan needs to be amended, Developer shall submit an <br />application for amendment of the Special Conditional Use Permit, which said application shall <br />be processed consistent with this Agreement, the current General Plan, and the Zoning <br />Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments <br />to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in <br />writing. <br /> <br />2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all <br />development and improvements to the Tract to the City's Code of Ordinances and established <br /> <br />H-Final Development Agreement(622174_3).DOC - 2- <br />