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shall apply only during the term ofthis <br />1.03 Governing Development Regulations <br />A. Development ofthe Property shall begoverned bvthe following: <br />1. The Conceptual Land Use Plan and this Agreement; and <br />2. The applicable provisions mfthe 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 />time totime bythe City (collectively, the "Approved Plats"). <br />5. The Parties acknowledge that prior to or concurrent with the submittal of the first plat <br />application for development onthe Property orany portion thereof, a Traffic Impact Analysis <br />(the ^T|A^) will be required. At the time of submittal of the 7F|A, the traffic impacts shall be <br />evaluated based onthe full build -out development ofthe entire project (uadefinedinSection <br />1.U4.below) and not onthe individual plat. <br />8. Applicable provisions of the Texas Local Government Code, and other state and federal laws <br />("Other Laws"). <br />7. In the event of a conflict between the City's and/or County's development regulations and the <br />Owner's rights under this Agreement, this Agreement shall control. <br />B. The Conceptual Land Use P|on, this Agreement, the [DC. the Approved Plats, the Required <br />Studies and Other Lovva shall hereinafter be referred to collectively as the "Governing <br />Regulations." <br />C. T9Lat�\����8: Owner and the City agree that the approved land uses in each final plat of portions <br />ofthe Property shall beconsistent with the Conceptual Land Use Plan, asmay beamended from <br />time totime. <br />D. : The Parties agree that the City and County shall be entitled toenforce all applicable <br />municipal land use and development regulations for the Property and the Governing Regulations. <br />E. : Notwithstanding any other <br />provision in this Agreement, including references to such things as the "Governing Regulations" <br />or the "Time of Submittal", this Agreement shall in no manner be construed to oroaba any <br />exemption from applicable ordinances or |avvo, entitlement orvesting of rights beyond what is <br />expressly provided inChapter 245. Owner specifically acknowledges that development ofthe <br />Property shall be subject bothe City's nrdinanwss, ne0u|aUono, and policies regarding water and <br />sewer utility connections, including those that address development over the Edwards Aquifer <br />Recharge Zone, msamended from time totime. <br />F. The Governing Regulations shall be applicable to control the development of the Property. <br />Unless otherwise specifically authorized bvthe City, the Property may not bedeveloped too <br />lesser standard than that required by the Governing Regulations. <br />G. Third Party Inspection Services: Unless on alternative is mutually agreed upon by the Pedieo, <br />any plan review and building inspections conducted during the permitting process and through <br />receipt of certificate of occupancy shall be conducted by a qualified, third -party plan review and <br />inspection service, mutually agreed upon by the Parties, and results shall be provided in the City's <br />permitting oyebern. <br />1.04 Permitted Uses, Project Density and Dimensional and Development Standards <br />Owner envisions the development of the Property as a predominantly single family residential <br />development with limited nonresidential development, open apace, conservation and preservation <br />areas inaccordance with the Conceptual Land Use Plan. The existing topography and natural areas <br />on the Property provide for opportunities to develop the Property as o conservation development <br />where pods of omoUmr lot sizes may be clustered to provide for preservation of existing natural <br />features and open space. The Property may be developed as a conservation devo|opment, o <br />conventional development uracombination thereof. |norder boachieve the maximum development <br />flexibility possible within the Project, thioAoneennentestab|iaheaavaheb/ofuaeoond|otb/peoand <br />sizes that may bedeveloped onthe Property. <br />A. The following uses ohuU be permitted on the Property in accordance with the <br />City's zoning districts aadefined onthe Effective Date: <br />1. : All permitted uses identified in the GF -R. Single Family Rural Residential <br />3 <br />3591485.1 <br />