Res 2014-131/La Cima Development Agreement

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Y., 1 0�r fn O"R ci City's boundaries, as may be agreed to by the Parties and included in this Agreement; and D. Specify the uses and development of the Property before and after annexation; and E. Provide for infrastructure including, but not limited to, stormwater drainage and water, wastewater and other utility systems; and F. Include such other lawful terms and considerations the Parties consider appropriate. NOW THEREFORE, the City and Owner in consideration of the premises, the mutual covenants and agreements of the Parties hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, hereby amend and restate the Existing Development Agreement and agree as follows: SECTION 1: GENERAL TERMS AND CONDITIONS 1.01 Conceptual Land Use Plan The City hereby approves the general use and development of the Property in accordance with the Conceptual Land Use Plan, which is incorporated herein as Exhibit "E ". Exhibit "F" separately shows the proposed Open Space that is part of the Conceptual Land Use Plan. The Conceptual Land Use Plan shall constitute the land use plan under Section 1.4.2.4(g) of the LDC. The Conceptual Land Use Plan may be amended from time to time in accordance with the processes and procedures outlined in Section 1.4.2.6(c) of the City's LDC. Development applications for the Property shall be consistent with the Conceptual Land Use Plan. The Transferred Exchange Property is hereby released from, and no longer subject to the terms and conditions of, this Agreement and /or the Existing Development Agreement. 1.02 Annexation Upon approval of this Agreement, Owner agrees to the full purpose annexation of the Property at the time the corporate limits of the City becomes adjacent to the Property. Provided, however, that the City hereby agrees to phase the annexation of the Property as follows: At the time the City's corporate limits become adjacent to the Property, the City may initiate the full purpose annexation of all or any portion of the Property on which a final subdivision plat has been recorded. Upon annexation of all or any portions of the Property, the applicant shall initiate a zoning change for said annexed portions to establish a zoning district(s) that is (are) consistent with the terms and conditions of this Agreement. The City hereby guarantees the continuing ETJ status of the remainder of the Property not subject to a final recorded plat until such time that a final plat is recorded for all or any portion of such remainder of the Property. The Parties hereby agree that all applicable regulations and planning authority of the City's LDC may be enforced on the Property. The limitations on the City's annexation authority shall apply only during the term of this Agreement. 1.03 Governing Development Regulations A. Development of the Property shall be governed by the following: 1. The Conceptual Land Use Plan and this Agreement; and 2. The applicable provisions of the City's LDC and Ordinances; 3. The applicable provisions of the Development Regulations of Hays County; and 4. Construction plans and final plats for all or any portion of the Property that are approved from time to time by the City (collectively, the "Approved Plats "). 5. The Parties acknowledge that prior to or concurrent with the submittal of the first plat application for development on the Property or any portion thereof, a Traffic Impact Analysis (the "TIA ") will be required. At the time of submittal of the TIA, the traffic impacts shall be evaluated based on the full build -out development of the entire project (as defined in Section 1.04, below) and not on the individual plat. 6. Applicable provisions of the Texas Local Government Code, and other state and federal laws ( "Other Laws "). 7. In the event of a conflict between the City's and /or County's development regulations and the Owner's rights under this Agreement, this Agreement shall control. B. The Conceptual Land Use Plan, this Agreement, the LDC, the Approved Plats, the Required Studies and Other Laws shall hereinafter be referred to collectively as the "Governing Regulations." C. Plat Approval: Owner and the City agree that the approved land uses in each final plat of portions of the Property shall be consistent with the Conceptual Land Use Plan, as may be amended from time to time. D. Enforcement: The Parties agree that the City and County shall be entitled to enforce all applicable municipal land use and development regulations for the Property and the Governing Regulations.