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 F C Baugh Ranch, HK Riley's Pointe or Developer with respect to this Agreement shall bind each Owner, including Benchmark, and Developer with the same force and effect as if each had so acted or given Notice or signed. Section 11.16Force Majeure. Each Party shall use good faith, due diligence, and reasonable care in the performance of its respective obligations under this Agreement; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within five (5) days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance shall give notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" means events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the exercise of good faith, due diligence and reasonable care, including,without limitation, acts of God or the public enemy,war, terrorism, criminal activity, riot, civil commotion, insurrection, government or de facto governmental action or failure to act (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions, floods, hurricanes, adverse weather, materials or labor shortages, strikes, slowdowns,work stoppages, or epidemics or pandemics. Section 11.17Effect of Development Agreement. This Agreement, including all development standards, approvals, consents, and plans, shall remain in effect for the term of this Agreement regardless of whether all or any portion of the Property is annexed and/or zoned. If there is any conflict or inconsistency between the provisions of this Agreement and otherwise applicable City ordinances,rules,or regulations,the terms of this Agreement control. Section 11.18 Memorandum of Agreement. Contemporaneously with the execution of this Agreement, the Parties agree to sign a memorandum of agreement in the form attached as Exhibit H to be recorded in the Official Public Records of the County. Section 11.19Exhibits. The following exhibits are attached to this Agreement and made a part hereof for all purposes: Exhibit A-1 Legal Description of River Bend Exhibit A-2 Legal Description of Riley"s Pointe Exhibit B-1 Concept Plan—River Bend Exhibit B-2 Concept Plan—Riley's Pointe Exhibit C River Bend Floodplain Exhibit D Easement Route Exhibit E Subdivision Regulations Exhibit F Variances 22 960915_5