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

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Section 14.05 District Notification. Each Sub -District shall notify City in writing of its new boundaries and the names of its new directors. 1. ARTICLE XV ADDITIONAL LAND Section 15.01 Addition of Land. Primary Owner may, in the future, desire to add all or a portion of the Additional Land to the Project boundaries and the Property that is subject to this Agreement and all subsequent amendments hereto, and to include such Additional Land in the Municipal Utility District. Primary Owner may add (through an administrative amendment as described in Section 16.01b below) any Additional Land that it owns or acquires to the Project and this Agreement. Primary Owner shall provide City with an updated Concept Plan and Parks Plan depicting the land area, and the land use shall be similar to that of the adjoining land. Prior to submittal of any plat applications for Additional Land, a TIA must be submitted and approved by the City for the Additional Land. City agrees that the Additional Land shall become part of the Project which shall be subject to the terms of this Agreement. This Agreement shall be administratively amended to include the Additional Land. Section 15.02 Permitted Use of Additional Land. Primary Owner shall have the right to designate permitted uses for the Additional Land, which are consistent with the uses of the surrounding Property, as shown on the Concept Plan. Section 15.03 Additional Land Density. If Additional Land is added to the Project boundaries, City agrees Owner is entitled to increase the total number of dwelling units in the following manner: (i) Single Family density shall not exceed eight (8) dwelling units per acre, and (ii) Multi -Family density shall not exceed twenty-four (24) dwelling units per acre of the overall gross site area of any given tract of Additional Land added.