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1.03 Governing Development Regulations <br />A. Development cfthe Property shall begoverned bythe following: <br />1. The Conceptual Land Use Plan and this Agreement; and <br />2. The applicable provisions ofthe City's LDC and (}nd|nmnces� <br />3. The applicable provisions of the Development Regulations of Hays County; and <br />4. Construction plans and final plats for all or any portion of the Property that are approved from <br />time to time by the City (collectively, the "Approved Plats"). <br />S. The Parties acknowledge that prior to or concurrent with the submittal of the first plat <br />application for development on the Property or any port�on thereof, a Traffic Impact Analysis <br />(the ^T|Af) will be required, At the time of submittal of the T|A, the traffic impacts shall be <br />evaluated based onthe full build -out development ofthe entire project (as defined inSection <br />1.04. below) and not oOthe individual plat. <br />8. Applicable provisions cfthe Texas Local Government Code, and other state and federal laws <br />("Other Laws"), <br />7. In the event of a conflict between the City's and/or County's development regulations and the <br />Owner's rights under this Agreement, this Agreement shall control. <br />D. The Conceptual Land Use Plan. this Agreement, the LDC, the Approved Plats. the Required <br />Studies and Other Laws shall hereinafter be referred to ooUeodveh/ as the "Governing <br />Regulations." <br />C. {Plat Approval: Owner and the City agree that the approved land uses in each final plat of portions <br />of the Property shall be consistent with the Conceptual Land Use Plan, as may be amended from <br />time totime, <br />D. Enforcement: The Parties agree that the City and County shall be entitled to enforce all applicable <br />municipal land use and development regulations for the Property and the Governing Regulations. <br />E. Notwithstanding any other <br />provision in this Agreement, including rnfensnuao to such things an the "Governing Regu|at|ons" <br />or the "Time ofSobm|tta|''. this Agreement shall in no manner be construed to create any <br />exemption from appflcab[e ordinances or laws, entitlement orvesting of rights beyond what is <br />expressly provided in Chapter 245. Owner specifically acknowledges that development of the <br />Property uAa|| be subject to the City's ordinances, regu|otions, and policies regarding water and <br />sewer utility conneotions, including those that address development over the Edwards Aquifer <br />Recharge Zone, osamended from time totime. <br />F. The Governing Regulations shall be applicable to control the development of the Property. <br />Unless otherwise specifically authorized by the City. the Property may not be developed tna <br />lesser standard than that required bythe Governing Regulations. <br />G. Third Party Inspection Services: Unless an alternative is mutually agreed upon by the parties, <br />any plan review and bui|dbng inspections conducted during the permitting process and through <br />receipt of certificate of occupancy shall be conducted by a qualified, third -party plan review and <br />inspection service, mutually agreed upon by the Parties, and results shall be provided in the City's <br />permitting system. <br />1.04 Permitted Uses, Project Density and Dimensional and Development Standards <br />Owner envisions the development of the Property as u predominantly single family residential <br />development with limited nonresidential deve|opment, open space, conservation and preservation <br />areas inaccordance with the Conceptual Land Use Plan. The existing topography and natural areas <br />on the Property provide for opportunities to develop the Property asmconservation development <br />where pods ofmmoUer�|ct sizes may be clustered to provide for preservation of'exinting natural <br />features and open space. The Property may be developed as o conservation deve|npmenL, a <br />conventional development mracombination thereof. |norder tmachieve the maximum development <br />flexibility possible within the Project, this Agreement establishes a variety of uses and lot types and <br />sizes that may bedeveloped onthe Property. <br />A. The following uses shall be permitted on the Property in accordance with the <br />City's zoning districts as defined on the Effective Date: <br />2696351.1 <br />