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purposes ofChapter 245ofthe Texas Local Government Code; <br />WHEREAS, onarea adjacent orcontiguous hzonarea that kssubject ofdevelopment agreement entered <br />into under Section 43.035 and Section 212.172 of the Texas Local Government Code is considered to be <br />adjacent or contiguous to the municipality; and <br />WHEREAS, the City hsauthorized boamend the Existing DevelopmentAgreement and tomake and enter <br />into this Agreement with Owner inaccordance with Subchapter G.Chapter 212.Local Government Code <br />and Chapters 1 and 2 of the City's Land Development Code ("LDC"), to accomplish 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 iaauthorized; 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 boundariee, as may be agreed to by the Parties and included in this <br />Agreement; and <br />~ . <br />U. Specify the uses and development ofthe Property before and after annexation; and <br />E. Provide for infrastructure inc|uding, but not limited to, otormwahardrainage and vvabar, wastewater <br />and other utility systems; and <br />F. Include such other lawful terms and considerations the Parties consider appropriate. <br />NOW THEREFORE, the City and Owner in consideration of the pnamisoo, the mutual covenants and <br />agreements of the Parties hereinafter set forth, and other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged by the Partiew, hereby amend and restate the Existing <br />Development Agreement and 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 accordance with the <br />Conceptual Land Use P|an, which is incorporated herein as Exhibit "B". Exhibit "C" separately <br />shows the proposed (]pen Space that is pod of the Conceptual Land Use Plan. The Conceptual <br />Land Use Han ohm|| constitute the land use plan under Section 1.4.24(g) of the LOC. The <br />Conceptual Land Use Plan may be amended from time to time in accordance with the processes and <br />procedures outlined in Section 1.4.2.8(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 of the City becomes adjacent to the Property. Provided, however, that the <br />City hereby agrees bophase the annexation ofthe Property amfollows: Adthe 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 ofthe Property onwhich ofinal subdivision plat has been recorded. Upon annexation ofall <br />orany portions ofthe 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 />ofthe Property. The Parties hereby agree that all applicable regulations and planning authority of <br />the City's LDC may baenforced onthe Property. The limitations onthe City's annexation authority <br />2 <br />3591485.1 <br />