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Res 2016-164/approving a Development Agreement between the City and Walton Texas LP, Walton Silver Crossing LP, Walton TX Austin Land LP, Walton TX Martindale LP, and Walton Texas Martindale LP 2 for approximately 2,358 acres out of the William Pettus Le
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Res 2016-164/approving a Development Agreement between the City and Walton Texas LP, Walton Silver Crossing LP, Walton TX Austin Land LP, Walton TX Martindale LP, and Walton Texas Martindale LP 2 for approximately 2,358 acres out of the William Pettus Le
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7/17/2017 4:42:31 PM
Creation date
12/20/2016 2:41:30 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2016-164
Date
12/6/2016
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WW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained <br /> _ this Agreement, and other good and valuable consideration, City and Owner agree as follows: <br /> ARTICLE I <br /> DEFINITIONS <br /> Section 1.01 <br /> Terms Defined in this Agreement. In this Agreement, each of the following terms shall have the meanings <br /> indicated: <br /> "Additional Land" means any of the approximately 63 acres of land, more particularly described on Exhibit G, <br /> that the Primary Owner desires to add to the Property boundaries and that may be included that is subject to this <br /> Agreement or to include it within the Municipal Utility District. <br /> "Applicable Requirements" shall mean the applicable federal and state laws, rules and regulations, and the San <br /> Marcos City Codes approved as of the Vesting Date of this Agreement. <br /> "City" shall mean the City of San Marcos, Texas, a Texas home rule municipality. <br /> ity Codes" shall mean the City's Code of Ordinances, including the City's Land Development Code in effect <br /> on the Vesting Date of this Agreement and any additional regulation incorporated by reference in this Agreement, <br /> existing on the date hereof. <br /> "City Council" shall mean the City Council of the City or any successor governing body. <br /> "City Manager" shall mean an official appointed as the administrative manager of the City. <br /> "Concept Plan"(also referred to in the City's Code as a "Conceptual Plan") shall mean a component of the <br /> regulations that illustrates the proposed location and arrangement of uses, the relationship of such uses to base <br /> zoning districts, development phasing, planned public improvements, open space, proposed amenities and the <br /> overall design of the development, attached as Exhibit B. <br /> "County" shall mean Caldwell County, Texas. <br /> "County Subdivision Agreement" shall mean that certain agreement between the Owner and the County <br /> regarding the applicability of the County Development Regulations to the Property. <br /> "Cotton Center" or "Property" shall have the meaning set forth in the recitals to this Agreement, and consists <br /> of the land described on Exhibit A. <br /> "Designated Successors and Assigns" shall mean an entity to which Primary Owner assigns (in writing) all or a <br /> portion of its (and any Individual Owners)rights and obligations contained in this Agreement pursuant to Section <br /> 03. <br /> "Development Waivers" shall mean a deviation from City Code as set forth on Exhibit C. <br /> 6 <br />
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