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and Chapters 1and 2ufthe City's Land Development Code ("LDC^.hoaccomplish 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 isauthorized; 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 boundorieo, as may be agreed to by the Parties and included in this <br />Agreement; and <br />O. Specify the uses and development of the Property before and after annexation; and <br />E. Provide for infrastructure including, but not limited to, stormwater drainage and water, 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 premimem, 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 ParUea, hereby amend and restate the Existing <br />Development Agreement and agree aafollows: <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 inaccordance with the <br />Conceptual Land Use Plan, which is incorporated herein as Exhibit "B". Exhibit ''C" separately <br />shows the proposed Open Space that is pad of the Conceptual Land Use Plan. The Conceptual <br />Land Use Plan shall constitute the land use plan under Section 1.4.3.4(g) of the LDC. The <br />Conceptual Land Use Plan may be amended from time to time in accordance with the processes and <br />procedures outlined in Section 1.4.2.6(c) of the City's LDC. Development applications for the <br />Property shall beconsistent with the Conceptual Land Use Plan. <br />1.02 Annexation <br />Upon approval of this Agreement, Owner agrees to the full purpose annexation of the Property at the <br />time the corporate limits ofthe City becomes adjacent hothe Property. Provided, however, that the <br />City hereby agrees tophase the annexation ofthe Property aofollows: At the time the City's corporate <br />limits become adjacent to the Property, the City may initiate the full purpose annexation of all or any <br />portion nfthe Property onwhich mfinal subdivision plat has been recorded. Upon annexation ofall <br />or any portions of the Property, the applicant shall initiate a zoning change for said annexed portions <br />to establish a zoning 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 all 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 onthe Property. The limitations onthe City's annexation authority <br />shall apply only during the term n[this Agreement. <br />1.03 Governing Development Regulations <br />A. Development ofthe Property shall begoverned bythe following: <br />1. The Conceptual Land Use Plan and this Agreement; and <br />2. The applicable provisions cfthe City's LDC and Ordinances; <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 />2 <br />3493291.1 <br />