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

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"District" shall have the same meaning as the term is used in the Consent Agreement. "District Land" shall mean that portion of the Property that is within the boundaries of the District and currently includes all the Property, but it will exclude from time to time those portions of the Property that are annexed into the City and are removed from the District, such as Industrial and Regional Commercial Land, as contemplated by the Consent Agreement. "Effective Date" shall be the date that the City approves this agreement. "Extraterritorial Jurisdiction" or "ETJ" shall mean the unincorporated area that is contiguous to the corporate boundaries of the City of San Marcos located within 3 '/z miles of those boundaries. "Future COSM Parkland and Facilities" shall mean parkland and open space that shall be owned and maintained by the Cotton Center HOA or MUD so long as it remains in the ETJ, but shall be transferred to and maintained by the City of San Marcos at the time of annexation. "HOA Open Space" shall mean parkland and open space that shall be owned and maintained by the Cotton Center HOA in perpetuity, even following the City's annexation of such land. "Individual Owner" means, collectively, all persons, entities, and trusts (other than Walton Texas, LP, Walton Silver Crossing, Walton Austin, Walton Martindale and Walton Martindale 2) that own an interest in the Property, including an undivided, tenant-in-common interest, and that have granted to Walton Texas, LP, power and authority to operate, administer and act for and on their behalf with respect to their interests in the Property. "Industrial and Regional Commercial Land" shall have the same meaning as the term is used in the Consent Agreement. "Interlocal Agreement" means, that certain Interlocal Cooperative Agreement between City and County for Subdivision Regulation within the Extraterritorial Jurisdiction of the City of San Marcos dated October 31, 2014. "Land Use Districts" shall mean the land use designations for property within Cotton Center, as shown on Exhibit B attached hereto. "Major Amendment" shall have the same meaning as the term is used in Section 16.01 of this Agreement. "Minor Amendment" shall have the same meaning as the term is used in section 16.01 of this Agreement. "Municipal Utility District" means the Cotton Center Municipal Utility District No. 1 (and any subsequent Sub - Districts) created as a political subdivision of the State of Texas pursuant to Article III Section 52 and/or Article XVI, Section 59 of the Texas Constitution and authorized to construct, operate, manage and maintain water and wastewater systems, drainage and water quality systems, roadways, parks and related facilities, and to levy an ad valorem tax and issue public debt under Chapters 49 and 54 of the Texas Water Code. "Neighborhood Park" shall mean a public civic space designed for structured and unstructured recreation. "Non -District Land" shall mean those portions of the Property annexed by the City and removed from the District from time to time, such as Industrial and Regional Commercial Land as contemplated by the Consent Agreement.