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WHEREAS, an area adjacent or contiguous to an area that is subject of development agreement entered <br />into under Section 43.035 and Section 212,172 of the Texas Local Government Code is considered to be <br />adjacent orcontiguous tothe municipality; and <br />WHEREAS, the City is authorized to amend the Existing Development Agreement and to make and enter <br />into this Agreement with Owner |naccordance with Subchapter G, Chapter 212.Local Government Code <br />and Chapters I and 2 of the City's Land Development Code ("LDC"), to accomplish the following purposes: <br />A� Extend the City's planning authority in accordance with the Conceptual Land Use Plan and the <br />development regulations contained herein under which certain uses and development of the <br />Property is authorized; and <br />B. Authorize enforcement by the City of municipal land use and development regulations as <br />applicable; and <br />C. Authorize enforcement by the City of land use and development regulations other than those that <br />apply within the City's boundaries, as may be agreed to by the Parties and included in this <br />Agreement; and <br />D. Specify the uses and development of the Property before and after annexation; and <br />E. Provide for infrastructure inn|ud|ng, but not limited to, stormvvaterdnainoQe and vvater, wastewater <br />and other utility systems; and <br />F. Include such other lawful terms and considerations the Parties consider appropriate. <br />NOW THEREFORE, the Qty and Owner in consideration of the premises, the mutual covenants and <br />agreements ofthe Parties hereinafter set forth, and other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged by the Parbes, hereby amend and restate the Existing <br />Development Agreement and 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 ofthe Property in accordance with the <br />Conceptual Land Use P|an, which is incorporated herein as Exh�|b|* "E". Exhibit "F" separately <br />shows the proposed Open Space that is part ofthe Conceptual Land Use Plan. The Conceptual <br />Land Use Plan shall constitute the land use plan under Section 1.42.4(0) of the LDC. The <br />Conceptual Land Use Plan may be amended from time totime inaccordance with the processes and <br />procedures, outlined in Section 1.42.0(o) of the City's LDC. Development applications for the <br />Property shall be consistent with the Conceptual Land Use Plan. <br />1.02 Annexation <br />Upon approval mfthis Agreement, Owner agrees to the full purpose annexation ofthe Property eƒthe <br />fime the corporate limits of the City becomes adjacent to the Property, Provided, however, that the <br />City hereby agrees tophase the annexation ofthe Property asfollows: Atthe time the City's corporate <br />. <br />limits become adjacent to the Property, the City may initiate the fuli purpose annexation of all or any <br />�. <br />portion of the Property on which a final subdivision plat has been recorded. Upon annexation ofall <br />orany portions ofthe Property, the applicant shall initiate mzoning change for said annexed portions <br />toestablish a zon�ng district(s) that is (are) consistent with the terms and conditions of this Agreement. <br />The City hereby guarantees the continuing ETJ status of the remainder of the Property not subject to <br />a final recorded plat until such time that a final plat is recorded for alI or any portion of such remainder <br />of the Property. The Parties hereby agree that all applicable regulations and planning authority of <br />the City's LDC may beenforced on the Property. The limitations on the City's annexation authority <br />shall apply only during the term ofthis Agreement. <br />2 <br />269635 1.1 <br />