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3. Sidewalks may be located adjacent nzthe street i and incorporated into an <br />appropriate street croaa-secdon. <br />4. The minimum width for otrail shall be eight feet (8'). <br />5. Trails may be constructed of concrete, asphalt, crushed granite, or other material common <br />intrail construction. <br />G. Trails may belocated adjacent tothe street hgh and beincorporated mapart ofmn <br />alternative street cross-section upon the approval by the Director ofDevelopment Services <br />ormay beconstructed inopen space areas orimproved common areas. <br />7. The location of sidewalks and trails shall be determined at the time of preliminary platting <br />and development of infrastructure construction plans and shall be included as part of a <br />Subdivision Improvement Agreement. <br />1.09 Deed Restrictions and Creation ofHomeowner's Association <br />The Owner shall create ahomeowner's association responsible for, among other things, enforcement <br />ofdeed restrictions required under this Agreement. The homeowner's association shall becreated <br />and deed restrictions recorded before commencement of any development on all or any portion of <br />the Property. The deed restrictions shall be submitted to the City for review to determine consistency <br />with this Agreement before recording. The homeowner's association shall beduly authorized, under <br />applicable laws, to enforce the deed restrictions against all owners and developers of land within the <br />Property. Any deed reutricUono, and amendments thenabz, regulating development of the Property <br />shall be nsoondnd in the Official Public Records of Hays County. Texas. Any deed restrictions <br />regulating development ofthe Propedy, and any amendments thereto, shall be subject to this <br />Agreement. Such deed restrictions ohuU further include u statement that they are subject tothis <br />Agreement and that, in the event of a conflict between the deed restrictions and this Agreement, this <br />Agreement shall govern. <br />1.10 Hays County Regional Habitat Conservation plan& Endangered Species Act <br />Prior to any development auUvdv as defined in the City's LDC. the Owner shall connoh with the <br />Endangered Species Act, specifically related to the golden-cheeked warbler or black -capped vireo, <br />byeither obtaining approvals from the U.S. Fish and Wildlife Service orthrough voluntary participation <br />inthe Hays County Regional Habitat Conservation Plan (^RHCP^). <br />SECTION 2: MISCELLANEOUS PROVISIONS <br />2.01 Term <br />A. This Agreement shall commence and bind the Parties onthe Effective Date and continue until all <br />of the Property has been annexed for full purposes by the City (the ^Tenn^), unless sooner <br />terminated oaprovided in Section 2.01.0 below. If, howevnr, noprogress toward completion of <br />the Project, as defined under Section 245.005 of the Texas Local Government Code, is made <br />within five (5) years of the date of this Agreement, this Agreement shall expire and Owner hereby <br />agrees that any development of the Property shall comply with the ordinances in effect at the <br />time the first plat application for any portion ofthe property is filed. This written Agreement may <br />be extended for additional terms as allowed by law upon mutual written agreement of the parties. <br />B. After the expiration or termination of this Agreement, this Agreement will be of no further force <br />and effect. <br />C. This Agreement may be terminated or amended as to all or any portion of the Property at any <br />time bymutual written agreement between the City and Owner. <br />2.02 Authority <br />This Agreement isentered into, in pad. under the statutory authority ofSection 212.1%2ofthe Texas <br />Local Government Code and the applicable provisions ofthe Texas Constitution and the laws ufthe <br />State ofTexas. By virtue of this Agreement, Owner agrees to authorize the full purpose annexation <br />of the Property by the City subject to applicable provisions of Chapter 43 of the Texan Local <br />Government Code and in accordance with the terms and conditions set forth in this Agreement. <br />14 <br />