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on the Property prior to residential or commercial development; and <br />WHEREAS, the Parties mutually desire to amend the Original Development Agreement <br />to reflect these and other changes; and <br />WHEREAS, the City is authorized to make and enter into this Agreement with Owners <br />in accordance with SUBCHAPTER G, CHAPTER 212, LOCAL GOVERNMENT CODE and <br />Chapter 2 of the City's Land Development Code ("LDC") and the Consent Agreements, <br />to accomplish the following purposes: <br />A. Extend the City's planning authority in accordance with the Conceptual Land Use <br />Plan and the development regulations contained herein under which certain uses <br />and development of the Property is authorized; and <br />B. Authorize enforcement by the City of municipal land use and development <br />regulations, as required and/or authorized by SmartCode and the LDC, as <br />applicable, to the extent the same are consistent with the development <br />regulations contained herein and in the same manner the applicable regulations <br />are enforced within the City's municipal boundaries; and <br />C. Authorize enforcement by the City of land use and development regulations as <br />set by SmartCode and the Regulating Plan that will be adopted pursuant to <br />SmartCode; and <br />D. Provide for a minimum density of 7,700 residential units in the area on the <br />Conceptual Land Use Plan designated as Residential plus a minimum of 250 <br />acres of commercial/retail, multi -family, townhome, casita, office, spa, hotel or <br />other uses or for density or density set pursuant to SmartCode; and <br />E. This Agreement runs with the land, and thus shall be notarized, then filed in and <br />among the land records of Hays County, and is binding on subsequent <br />purchasers of the Property, or any portions thereof. <br />NOW THEREFORE, the City and Owners in consideration of the premises, the mutual <br />covenants and agreements of the Parties hereinafter set forth, and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged <br />by the Parties, 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 of the Property in <br />accordance with the Conceptual Land Use Plan, which is incorporated herein as <br />2 <br />