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' |nutrument#18018401Number cfPages, 36
<br />�Filed and Recorded: 5D5%2O18113pM
<br />Liz CLGonzalez, Hays County Clerk, Texas
<br />C1e��HR|��BY \
<br />Reo$18�OODwpu�
<br />STATE OFTEXAS § DEVELOPMENT AGREEMENT
<br />COUNTY OF HAYS LA CIMA SAN MARCOS
<br />This SECOND AMENDED AND ESTATED DEVELOPMENT AGREEMENT (this "Agreement") is made
<br />and entered into as of the 'I'day of ."UUA/k, 2018 (the "Effective Date"), by and between the CITY
<br />OF SAN MARCOS, TEXAS, a Texas munidi�al corporation (the "City"), Hays County, Texas (the
<br />"County"), and LAZY OAKS RANCH, LP. aTezas Limited Partnership ("LOR"). LCGyN Pb. 1-1. LLC, a
<br />Texas limited liability company aspartial assignee ofL8Fl("LCSK8 Ph'1-1"), LCG&1 Ph. 1-2. LLC. aTexan
<br />limited liability company as partial assignee cfLDR ("LCSK0 Ph.1-2"), La Cirna Commercial, LP Texas
<br />partnership aao partial assignee ofLOR ("La Cinma Commercial"), and LC8K8West, LP. aTexae limited
<br />partnership ("LCSK8 West" and, together with LDF<, LC8PN Ph.1'1, LC8K4 Ph. 1-2, and La Cime
<br />Commercial, the "Ovvmmel The City and Owner are sometimes hereinafter referred to individually as
<br />"Party", and coflectively as the "Parties". The Parties agree as follows:
<br />PURPOSES AND CONSIDERATIONS
<br />WHEREAS, the City and L(}R entered into that certain Amended and Restated Development Agreement
<br />doted September 16, 2014. approved bxResolution 2014-131Rand recorded under Document Number
<br />2014-14032062 in the Official Public Records of Hays County. Texas (the "Existing Development
<br />Agnaement"), related to that certain 2.029.023 aona, more or |aoe, parcel of land ("the "Existing Property")
<br />located in the Extraterritorial Jurisdiction ("ETJ^) of the City. Hays County. Texao, and more particularly
<br />desoribedimExh1b|t'A'attmohedhenatomnd|nnnqporsdedhereinfora||puqpooee;VVHEREAS.[)wnerham
<br />acquired enadjoining 1.15acre, more orless, parcel ofland located |nthe ETJofthe City, Hays County,
<br />Texas.andmonopart|nuiaMydemcribedinExhYbit"13-1'^attachadondinoorponatedhereinfnre||purposeo
<br />and an adjoining 2.303 acre, more or less, parcel of land located in the ETJ of the City, Hays County, Texas,
<br />and more particularly described in Exhibit "B'2' attached and incorporated herein for a0 purposes
<br />WHEREAS, Owner has acquired anadjoining 30O.S2acre, more orless, parcel ofland located inthe ETJ
<br />of the City, Hays County, Texas, and more particularly described in Exhibit "C" attached and incorporated
<br />hmns|n for all purposes (the ~VVmoban Tract" and, together with the Lo C1rna {]utpanoe|o. the "Additional
<br />VVHEREAS.theExeUngProportyondthmAddUona|PnopedyensdepictadonExhibit=Drattauhedherebo
<br />and incorporated herein for all purposes;
<br />WHEREAS, Owner desires to develop the Existing Property and the Additional Property (collectively, the
<br />"Property") totaling 2'422.998 acres of land as a single family residential, limited nonresidential and
<br />oonaamat|on, preservation and open space development generally to foster a walkable and bikeabie
<br />community in accordance with the Conceptual Land Use P[an, as more parflou|ody described in Exhibit
<br />"E" attached hereto and incorporated herein for all purposes and under the name La Qma San Marcos
<br />WHEREAS, the Property is appraised for ad vm|nrenn tax purposes as land for mghrV|tuns| or wildlife
<br />management use or timber land under Chapter 23, Texas Tax Code;
<br />WHEREAS, thoCdyls authorized bySection 43.035ofthe Texas Local Government Code tuoffer tomake
<br />adevelopment agreement with the owner of land appraised for such purposes pursuant to Section 212.172
<br />of the Texan Local Government Code to defer the annexation of the property until the land owner files a
<br />subdivision plat or other development application for any portion of the property;
<br />VVHEREAS, by entering into this Agreement, Owner has mooeobad the City's offer to enter into m
<br />development agreement pursuant to both Section 43.035 and Section 212.172 of the Texan Local
<br />Government Code with the mutual understanding that this Agreement shall constitute a permit for the
<br />purposes nfChapter 245ofthe Texas Local Government Code;
<br />269635 1.1
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