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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"County" means Hays County, Texas. "Designated Successor(s) and Assign(s)" means (i) any entity which is the successor by merger or otherwise to all or substantially all of any Owner's or Developer's assets and liabilities including,but not limited to, any merger or acquisition pursuant to any public offering or reorganization to obtain financing and/or growth capital; (ii)any entity which may have acquired all of the outstanding stock or ownership of assets of any Owner or Developer; or (iii) any entity affiliated with, related to, owned or controlled by, or under common ownership or common control with any Owner or Developer. "Design Criteria" means, as applicable: (i) WWTR Collection System Design Criteria Technical Manual, effective April 17, 2015, (ii) WTR Distribution System Design Criteria Technical Manual, effective January 13, 2020, (iii) Lift station design standards, effective April 29, 2019, (iv) Stormwater Technical Manual, effective June 1, 2020, and (v) Transportation Design Criteria Manual,Section 2,TIA,and no other sections, all in effect as of the Effective Date. "Director" shall mean the Director of the City's Planning and Development Services Department, or its successor department and/or the Director's designee. "District" and "Districts" means collectively and individually, as the context requires, each of Hays County Municipal Utility District No. 8 and Hays County Municipal Utility District No. 9 to be created pursuant to Article XVI, Section 59, Texas Constitution, operating pursuant to Chapters 49 and 54,Texas Water Code, as amended, exercising all powers granted to municipal utility districts under the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, as amended, and all other laws of the State of Texas presently existing or hereafter enacted. The District may exercise all powers granted to the District by the Commission and law, including the power to design, construct, and issue bonds for the purposes of water, sewer, drainage, and road facilities. "Extraterritorial Jurisdiction" or"ETJ"means the unincorporated area that is contiguous to the corporate boundaries of the City located within the distance provisions provided in Texas Local Government Code Chapter 42,Subchapter B. "Hays County Development Regulations" means the Hays County Development Regulations dated February 21,2017,in effect as of the Effective Date. "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 effective August 2012. "Land Development Code" means Subpart B of the City Code of Ordinances. 3 960915 5