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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r 1 lift station and the City's existing wastewater facilities, the City shall design and construct such wastewater treatment plant on the WWTP Site, at its sole cost and expense. (g) Upon approval by the City and, receipt of fully executed copies of the Development Agreement and resolutions or ordinances consenting to creation of the Districts, Developer will abate the proceedings relating to TPDES Permit No. WQ0015784001 (the "Permit") pending before the Texas Commission on Environmental Quality and State Office of Administrative Hearings in Docket Nos. 2021-0053-MWD and 582-21-1893, respectively. Once the Remaining Offsite Easement has been acquired and construction of the offsite wastewater line may proceed, Developer will dismiss the application and proceedings relating to the Permit. Notwithstanding the foregoing, in the event the Remaining Offsite Easement has not been obtained within 180 days of the City's receipt of the Appraisal, the City agrees that the Developer may proceed with obtaining the Permit.Provided,however,even once the Permit is obtained,the Parties agree that construction of the wastewater treatment plant, pursuant to the Permit, may not proceed unless the Remaining Offsite Easement has not been obtained within 210 days of the City's receipt of the Appraisal. (h) Owners and Developer shall make provisions for public water supply and distribution, wastewater collection and treatment, and drainage services for the Property through public utility facilities to be constructed by or on behalf of the Districts. Owners and Developer may enter into one or more reimbursement agreements with the Districts to seek reimbursement for the costs of water, wastewater, and drainage facilities, and road facilities, to the maximum extent provided by law. (i) All capacity in the water system, wastewater system, and drainage system constructed by or on behalf of the Districts to serve all or a portion of the Property will be reserved to the serve the Property within the applicable District. Such capacity reservation is limited to the capacity necessary to serve the Project at full build-out. In the event such facilities are oversized by the City, the additional capacity created by such oversizing shall be reserved to the City. Any conveyance or transfer of such facilities shall not affect Owners' or Developer's rights to reimbursement from the District(s) for the cost of any improvements or capacity in improvements constructed or financed by Owners or Developer, or the Districts' rights to effect such reimbursement. (j) Owners, Developer and the Districts shall not be required to oversize any public improvements that are constructed to serve the Property to serve any areas outside the Property unless the cost of such oversizing is fully funded by the benefiting party or parties and is provided by separate agreement. 14 960915_5