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Section 3.01. Land Use. Developer agrees to enter into a Development Agreement <br />with the City to delay annexation of the District by the City, establish certain restrictions and <br />commitments imposed and made in connection with the development of the District in order to <br />provide increased certainty to Developer and City concerning the development approval <br />process and the development requirements of the City for a period of years; and to identify land <br />uses and other aspects of the development of the District under the authority granted by <br />SECTION 212.172 OF THE TExAs LOCAL GOVERNMENT CODE. The Development Agreement <br />must be executed by Developer, approved by City and filed in the Hays County Deed Records <br />prior to any development of the land within the Project or any issuance of permits to develop <br />the Land. <br />The Land shall be developed in accordance with the standards and requirements set <br />forth in the Development Agreement. <br />The City accepts the Conceptual Land Plan submitted in the Developer's Preliminary <br />Engineering and Creation Report (Revised January 2013) to illustrate the general proposed land <br />uses. Notwithstanding the foregoing, any proposed development of the Property shall be <br />subject to and governed by the terms of the City's Land Development Code and a Development <br />Agreement which will supersede and replace the Conceptual Land Plan. <br />Section 3.02 Parks and Open Space. Park and open space and shall be dedicated in <br />accordance with the Development Agreement. <br />Section 3.03. Roadway improvements, right -of -way, easements and other land <br />dedications. Roadway improvements, right -of -way and the traffic plan shall also be developed <br />in accordance with the Development Agreement. All rights -of -way for roads, and easements <br />including but not limited to utility and drainage easements shall be dedicated to the public in <br />accordance with the Development Agreement. <br />ARTICLE IV <br />WATER AND WASTEWATER, AND OTHER MUNICIPAL SERVICES <br />Section 4.01. Water Services. Water service to the District shall be provided by third <br />parties that hold the CCN to serve areas of the District within its service boundary. Currently, <br />the City of Kyle holds the Certificate of Convenience and Necessity ( "CCN ") over most of the <br />property and it is anticipated that it will provide water to the Land in conjunction with any other <br />CCN holders. <br />Section 4.02. Wastewater Services. Retail wastewater service to the District shall be <br />provided by a third party. It is anticipated that the City of Kyle will provide that service. <br />Any wastewater treatment plant constructed in whole or in part with bond proceeds will <br />be subject to review and comment by the San Marcos City Council prior to the issuance of the <br />state permit or any amendment thereto. Any wastewater treatment package plant designed and <br />constructed to provide wastewater service to the District will be designed to be capable of and <br />shall treat wastewater to tertiary standards. Further, the District's package plant shall meet or <br />exceed the effluent limitations (5.5.2.1) and minimum self - monitoring requirements (5) times <br />