Res 2014-120/Expressing the City Council’s support for the proposed La Cima Development Project

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b) authorizes the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agricultural, wildlife management or timber land purposes. 1.6. For these reasons, the parties wish to enter into a development agreement that sets for the terms under which the City will defer annexation and continue the ETJ status of the all or portions of the Property and enforce its regulations and planning authority with respect to the Property. ARTICLE II AGREEMENT In consideration of the foregoing and the mutual promises and obligations set forth herein, the City and Owner hereby agree as follows: 2.1. Deferral of Annexation. Subject to Owner's compliance with this Agreement, the City agrees to defer annexation and guarantees the continuation of the ETJ status of all or any portion of the Property for the term of this Agreement or until any type of subdivision plat or related development document for all or any portion of the Property, as applicable, is filed with a governmental entity that has jurisdiction over the Property. 2.2. Continuation of Uses. The Owner covenants and agrees not to use the Property for any use other than agriculture, wildlife management, or timber land under Chapter 23 of the Texas Tax Code until such time as a subdivision plat or other related development document is filed with a governmental entity having jurisdiction over the Property. 2.3. Consent to Annexation. If, however, the Owner discontinues the operation and maintenance of all or any portion of the Property as land for agricultural, wildlife management, or timber land use under Chapter 23 of the Texas Tax Code, files any type of subdivision plat or related development document for all or any portion of the Property or, otherwise, violates the 2.