Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos

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ARTICLE V CONCEPT PLAN AND FACILITIES Section 5.01 Concept Plan and Permitted Uses. All development within the Property shall comply with (i) the Concept Plan attached hereto as Exhibit B, (ii) Table 1 in Section 4.02 of this Agreement and Tables 2 and 3 in Section 8.01 of this Agreement, (iii) the City Codes (as modified by Exhibit C, Development Waivers, in accordance with Section 2.02 of this agreement, and otherwise by this Agreement), (iv) the Roadway Design Standards and Typical Cross Sections described in Exhibits E and E-1, and (v) the terms and conditions of this Agreement. Section 5.02 Future ISD Facilities. The areas generally depicted on the Concept Plan as `Schools' shall be dedicated to either the Lockhart ISD ("LISD") or the San Marcos ISD ("SMISD" (LISD and SMISD are collectively referred to herein as "ISD") for use as either an elementary or middle school. Such dedication to occur at a time that shall be mutually agreed upon between the Owner and the ISD, but no sooner than a period of three (3) years after the time the Subdivision Concept Plat for that parcel is approved, and no later than five (5) years after the date the Preliminary Subdivision Plat for that parcel is approved. If the ISD district fails to accept the property within the foregoing timeframes, then the property may be developed in a manner compatible with adjacent uses, as shown in Exhibit B. Section 5.03 ESD/Future COSM Public Safety Facility. The Primary Owner shall reserve two (2) sites located adjacent to a major thoroughfare, in the project within'/4 quarter road miles (measured along public roads) from the locations specified on Exhibit B-2, for the purpose of future locations for fire and EMS facilities ("Public Safety Facility Sites"). Each Public Safety Facility Site shall be a minimum of three (3) acres. In the event that Primary Owner desires to move the Public Safety Facility Site beyond '/4 road miles from the location(s) shown on Exhibit B, this may be done administratively, if the City agrees to the new location; provided, however, if the Primary Owner and the City are unable to reach an agreement regarding the relocation of the Public Safety Facility Site, this will be resolved through the Major Amendment Process outlined in Section 16.01 of this Agreement. The fire and EMS facilities (the "Public Safety Facilities") to be constructed on the Public Safety Facility Sites will be constructed in accordance with the following schedules: (i) Within six (6) months after Cotton Center has reached two thousand (2,000) Residential Utility Connections, either (1) the ESD serving Cotton Center or (2) the ESD serving Cotton Center in conjunction with the Primary Owner; or (3) Primary Owner, shall commence construction of a Public Safety Facility on the Public Safety Facility Sites located within proposed Sub -District 1 as shown on Exhibit B-1, and shall complete construction of such Public Safety Facility within one (1) year following commencement of construction; and (ii) Within six (6) months after Cotton Center has reached four thousand (4,000) Residential Utility Connections, either (1) the ESD serving Cotton Center or (2) the ESD serving Cotton Center in conjunction with the Primary Owner, or (3) Primary Owner shall commence construction of the second Public Safety Facility on the Public Safety Facility Site located within proposed Sub - District 4 as shown on Exhibit B-1, and shall complete construction of such Public Safety Facility within one (1) year following commencement of construction. (iii) The City shall have the ability to withhold any Preliminary Subdivision Plat or Final Plat if the construction of the Public Safety Facility has not commenced within six (6) months or has not been completed within one (1) year following commencement.