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Res 2018-199/approving a First Amended and Restated Development Agreement with LaSalle Holdings, LTD. in connection with the development generally located north of Yarrington Road, east of Interstate 35 and west of State Highway 21 that, among other thin
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Res 2018-199/approving a First Amended and Restated Development Agreement with LaSalle Holdings, LTD. in connection with the development generally located north of Yarrington Road, east of Interstate 35 and west of State Highway 21 that, among other thin
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2/7/2020 10:08:02 AM
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10/23/2018 3:07:42 PM
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Resolutions
City Clerk - Type
Agreement
Number
2018-199
Date
10/16/2018
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D. Third Party Inspections: <br />a. Environmental & Erosion Control: All erosion and sedimentation controls <br />shall be monitored and maintained at all times during the construction <br />process, and shall be inspected on an appropriate frequency by a <br />qualified, third -party engineering inspector, as approved by the City, and <br />results shall be provided to the City following each inspection. <br />b. Building Inspections: Unless an alternative is mutually agreed upon by the <br />City and owner, the plan review and building inspections conducted during <br />the permitting process and through receipt of certificate of occupancy shall <br />be conducted by a qualified, third -party inspection service, as approved by <br />the City, and results shall be provided in the MyPermitNow system to the <br />City following each inspection. <br />1.06 Special Standards <br />The Parties agree that the development shall be governed by the standards <br />developed and adopted in the Regulating Plan pursuant to SmartCode and Land <br />Development Code, as applicable, as these codes exist on the effective date of the <br />Original Development Agreement dated October 6, 2014. <br />1.07 Financing and Schedule for Public Infrastructure Improvements <br />Owners will obtain water, wastewater and reclaimed water service to the Project <br />from a third party source, or a combination of third party sources, such as the City <br />of Kyle and/or Maxwell Water Supply Corporation. Owners and the Third Party <br />Source(s) will have separate Water and Wastewater Agreements, which will <br />provide the schedule for extension of those services. Impact Fees will be paid to <br />the proper Third Party Source. These Agreements will be submitted to the City of <br />San Marcos per the Consent Agreement. LaSalle MUDs Nos. 1-5 will finance the <br />extension of the Third Party Source's systems to the Project. <br />By approving this Agreement, the City consents to the annexation of the Road <br />Property that is shown in the Conceptual Land Plan by the MUD(s) under the <br />following conditions: <br />A. That the annexation occurs within 5 years of the execution of this Agreement; <br />B. That the property annexed is limited to the property included on the Conceptual <br />Land Use Plan attached to this Agreement; and <br />C. That the annexation is consistent with Chapter 70 of the City's Code of <br />Ordinance as it relates to the creation of MUDs, except as where modified by <br />the Consent Agreements for MUDs 1-5. <br />9 <br />
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