Res 2014-131/La Cima Development Agreement

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cw=t Sri be provided at the time of subdivision platting. C. In addition to the required public parkland dedication amount indicated above, a variety of private active and passive recreational facilities ranging from small neighborhood pocket parks to larger improved common areas or parks are envisioned. These facilities shall be connected through a pedestrian network consisting of sidewalks and /or trails. The Project's network of trails will be approximately 10 -14 miles and provide IN connectivity to the Purgatory Creek Natural Area with a small parking area at such time and in such location as I determined by Owner and City. �i 1. The minimum width for a sidewalk shall be six feet (6'). 2. Sidewalks shall be constructed of concrete or asphalt. 3. Sidewalks may be located adjacent to the street right -of -way and incorporated into an appropriate street cross - section. 4. The minimum width for a trail shall be eight feet (8'). 5. Trails may be constructed of concrete, asphalt, crushed granite, or other material common in trail construction. 6. Trails may be located adjacent to the street right -of -way and be incorporated as part of an alternative street cross - section upon the approval by the Director of Development Services or may be constructed in open space areas or improved common areas. 7. The location of sidewalks and trails shall be determined at the time of preliminary platting and development of infrastructure construction plans and shall be included as part of a Subdivision Improvement Agreement. 1.09 Deed Restrictions and Creation of Homeowner's Association The Owner shall create a homeowner's association responsible for, among other things, enforcement of deed restrictions required under this Agreement. The homeowner's association shall be created and deed restrictions recorded before commencement of any development on all or any portion of the Property. The deed restrictions shall be submitted to the City for review to determine consistency with this Agreement before recording. The homeowner's association shall be duly authorized, under applicable laws, to enforce the deed restrictions against all owners and developers of land within the Property. Any deed restrictions, and amendments thereto, regulating development of the Property shall be recorded in the Official Public Records of Hays County, Texas. Any deed restrictions regulating development of the Property, and any amendments thereto, shall be subject to this Agreement. Such deed restrictions shall further include a statement that they are subject to this Agreement and that, in the event of a conflict between the deed restrictions and this Agreement, this Agreement shall govern. 1.10 Hays County Regional Habitat Conservation Plan & Endangered Species Act Prior to any development activity as defined in the City's LDC, the Owner shall comply with the Endangered Species Act, specifically related to the golden - cheeked warbler or black- capped vireo, by either obtaining approvals from the U.S. Fish and Wildlife Service or through voluntary participation in the Hays County Regional Habitat Conservation Plan ( "RHCP "). SECTION 2: MISCELLANEOUS PROVISIONS 2.01 Term A. This Agreement shall commence and bind the Parties on the Effective Date and continue until all of the Property has been annexed for full purposes by the City (the "Term "), unless sooner terminated as provided in Section 2.01.0 below. If, however, no progress toward completion of the Project, as defined under Section 245.005 of the Texas Local Government Code, is made within five (5) years of the date of this Agreement, this Agreement shall expire and Owner hereby agrees that any development of the Property shall comply with the ordinances in effect at the time the first plat application for any portion of the property is filed. This written Agreement may be extended for additional terms as allowed by law upon mutual written agreement of the parties. B. After the expiration or termination of this Agreement, this Agreement will be of no further force and effect. C. This Agreement may be terminated or amended as to all or any portion of the Property at any time by mutual written agreement between the City and LOR. 2.02 Authority This Agreement is entered into, in part, under the statutory authority of Section 212.172 of the Texas Local Government Code and the applicable provisions of the Texas Constitution and the laws of the State of Texas. By virtue of this Agreement, LOR agrees to authorize the full purpose annexation of the Property by the City subject to applicable provisions of Chapter 43 of the Texas Local Government Code and in accordance with the terms and conditions set forth in this Agreement.