Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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i i action. Section 5.05 Parkland, Trails, and Open Space. The City agrees that Owners and Developer shall provide parks,trails,and open space in accordance with this Agreement, Chapter 3,Article 10 of the Land Development Code in effect as of the Effective Date,and the Concept Plan, which shall satisfy current and future parkland dedication requirements of the City and no further dedication of land or payment of fees in lieu of such dedication and improvements are required. Owners and Developer, at their option, may dedicate parkland, trails, or open space area within the Property to one or more property owners associations.Said parks,trails,and open space shall not be dedicated to the City without express approval by the City Council of the City. Section 5.06 Floodplain. Owners and Developer agree not to develop the portion of the Property that is(i)in the floodplain abutting the San Marcos River(the"River"),as shown generally in Exhibit C, and (ii) not part of any parkland described in Section 5.05. Provided, however, landowners shall have the ability to maintain such property and make de minimis improvements. Notwithstanding the foregoing, a fifty (50) foot wide access easement adjacent to or near the River will be allowed, as shown generally on Exhibit C. Such access easement may be improved for pedestrian traffic with materials other than concrete or asphalt. Additionally, in order to limit sedimentation, Developer agrees not to modify the existing topography of the River edge. Section 5.07 Private Improvements. All Vertical Improvements within the Property shall be constructed in accordance with the Building Code applicable to the type of improvement being constructed. A Certified Inspector shall perform inspections of Vertical Improvements in the Project, at the expense of the builder constructing the Vertical Improvements, for compliance with the Building Code applicable to such improvements and submit inspection reports to the City monthly for the City's records. The City, at its sole expense and discretion, may conduct a spot inspection of a Vertical Improvement, previously inspected by a Certified Inspector, solely for compliance with the Building Code; provided,however, such spot inspections shall be limited as follows: (i) no more than five (5) inspections in any calendar quarter, (ii) no more than one inspection per Vertical Improvement, and (iii) the inspection must be performed within fifteen (15) days of the date the Certified Inspector previously inspected the applicable Vertical Improvement. Owners, Developer, their respective successors and assigns, and builders shall not be obligated to apply for, pay for, or obtain from the City any permit for construction of any private improvements, or pay inspection or permitting fees to the City. No permits for construction of any private improvement, City inspection of a private improvement, or certificates of occupancy from the City shall be required for the Project. Section 5.08 Fire Protection_. Fire protection will be provided by Hays County Emergency Services District No. 3. The City shall have no obligation to provide fire 10 960915�5