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CONSENT AGREEMENT <br />THE STATE OF TEXAS <br />COUNTY OF HAYS § <br />This CONSENT AGREEMENT (this "Agreement") is effective as of January 4, 2022 <br />(the "Effective Date"), and entered into by and among the CITY OF SAN MARCOS, TEXAS, <br />a home -rule municipality (the "City"), HK RILEY'S POINTE, LLC, a Texas limited liability <br />company ("HK Riley's Pointe"), and BENCHMARK ACQUISITIONS, LLC, a Texas limited <br />liability company (`Benchmark", collectively with HK Riley's Pointe, the "Owners" and each an <br />"Owner"). HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 (the "District") shall <br />join in this Agreement upon its creation and be bound by certain of the provisions as identified <br />herein. <br />RECITALS <br />A. Owners own approximately 475.393 acres of land located in the extraterritorial <br />jurisdiction of the City described by metes and bounds on Exhibit A (the "Land" or the <br />"Property") attached hereto and incorporated herein. <br />B. Owners desire to have the City consent to the creation of a municipal utility district over <br />the Land, and the City has determined, pursuant to the terms of this Agreement, to consent to the <br />creation of the District, finding extraordinary public benefits and that the applicable conditions <br />and criteria for the City's consent to creation of the District set forth in Chapter 70 of the City's <br />Code of Ordinances (the "City Code") have been satisfied. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, including the agreements set forth below, the Parties agree as <br />follows: <br />ARTICLE I. <br />DEFINITIONS <br />Section 1.01 Definitions. In addition to terms defined elsewhere in this Agreement, each of <br />the following terms shall have the meanings set forth below: <br />"Commission" means the Texas Commission on Environmental Quality or its successor agency. <br />"Developer" means HK Real Estate Development, LLC, a Texas limited liability company. <br />"Development Agreement" means that certain Development Agreement to be entered into <br />between Owners, HK Baugh Ranch, LLC, Developer, and the City concerning the development <br />of the Property and related matters. <br />964507_3 <br />