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applicable, to the extent the same are consistent with the development <br />regulations contained herein and in the same manner the applicable regulations <br />are enforced within the City's municipal boundaries; and <br />C. Authorize enforcement by the City of land use and development regulations as <br />set by SmartCode and the Regulating Plan that will be adopted pursuant to <br />SmartCode; and <br />D. Provide for a minimum density of 12,000 residential units in the area on the <br />Conceptual Land Use Plan designated as Residential plus approximately 250 <br />acres of commercial /retail, multi - family, townhome, casita, office, spa, hotel or <br />other uses or for density or density set pursuant to SmartCode; and <br />E. This Agreement runs with the land, and thus shall be notarized, then filed in and <br />among the land records of Hays County, and is binding on subsequent <br />purchasers of the Property, or any portions thereof. <br />NOW THEREFORE, the City and Owner in consideration of the premises, the mutual <br />covenants and agreements of the Parties hereinafter set forth, and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged <br />by the Parties, agree as follows: <br />SECTION 1: GENERAL TERMS AND CONDITIONS <br />1.01 Conceptual Land Use Plan <br />The City hereby approves the general use and development of the Property in <br />accordance with the Conceptual Land Use Plan, which is incorporated herein as <br />Exhibit "B ". The Conceptual Land Use Plan shall constitute the land use plan <br />under Section 1.4.2.4(8) of the LDC. The Conceptual Land Use Plan may be <br />amended from time to time in accordance with the processes and procedures <br />outlined in Section 1.4.2.6(c) of the LDC or as stated in Section 2.04 below. <br />Development applications for the Property shall be consistent with the Conceptual <br />Land Use Plan. <br />1.02 Proposed Schedule of Development and Phasing <br />Owner plans to develop the property in accordance with the Phasing Concept <br />attached as Exhibit "C ". <br />1.03 Base Zoning District(s) <br />Development will follow SmartCode standards, as SmartCode exists on the <br />effective date of this Agreement. <br />2 <br />