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c. The District is adjacent to the City's preferred growth area; <br />d. The District is entirely within the city's extraterritorial jurisdiction; <br />e. The development supported by the District provides public benefits including but not <br />limited to the following: <br />The City's land use controls will apply within the District pursuant to a <br />development agreement providing for a high quality residential and commercial <br />development; <br />ii. The District or another provider will provide water, wastewater and drainage <br />infrastructure allowing the potential for city capital improvement program funds <br />to be redirected to other high priority City needs; <br />iii. The development will include certain amenities such as parks and green space, <br />the accommodation of schools and certain public facilities; <br />iv. The development will provide connectivity to the City's existing transportation <br />systems. <br />V. The development is not located in or over an environmentally sensitive aquifer <br />recharge zone. <br />THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, including the agreements set forth below, the parties contract as follows. <br />ARTICLE I <br />DEFINITIONS <br />Section 1.01 Definitions. <br />In addition to the terms defined elsewhere in this Agreement or in the City's ordinances, the <br />following terms and phrases used in this Agreement will have the meanings set out below: <br />a. "Additional Land" means any of the approximately 63 acres and of land, more <br />particularly described in Exhibit `B," that the Primary Owner desires to add to the <br />Project boundaries and that may be included in the District. <br />b. "Agreement" means this Consent Agreement between the City of San Marcos, Texas <br />and Owner. <br />C. "Bonds" means the bonds, notes and other obligations of a Sub - District. <br />d. "City" means the City of San Marcos, Texas, a home -rule city located in Hays County, <br />Texas. <br />e. "Industrial and Regional Commercial Land" means those portions of the Land within the <br />boundaries of the District that may be developed for industrial, regional commercial or <br />office development as defined in the City Code. <br />2 <br />