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Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall
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Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall
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10/29/2025 7:20:26 PM
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Resolutions
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Approving
Number
2025-208
Date
10/21/2025
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identify the mix of public and private financing sources within the City's established <br />budgetary or financial limits based on projected tax and other revenue sources derived <br />from the Project and/or other funding sources. <br />(f) Limitations on Agreement. Notwithstanding anything in this Agreement to the contrary, the <br />execution and delivery of this Agreement by the Parties shall not be construed as an offer or an <br />acceptance by any of the Parties to proceed with the execution of any Definitive Agreements. <br />Section 5. Roles and Responsibilities of the Parties. <br />(a) Responsibilities of the Developer. Subject to the City's reimbursement obligations set forth in <br />Section 7, the Developer will be responsible for the payment and performance of all of the <br />Preliminary Development Activities, as described in Section 4above, including theservices <br />required for the deliverables. The Developer will be responsible for the selection, contractual <br />engagement, and supervision of all third-party design professionals, contractors, service <br />providers and consultants (the "Developer Parties"). <br />(b) Responsibilities of the City. <br />(i) General. The City recognizes that its participation, review, evaluation, and input is <br />necessary in order for the Developer to conduct the Preliminary Development <br />Activities. The City agrees to dedicate adequate staff and resources toward <br />participation in the Predevelopment Activities as it deems appropriate or as reasonably <br />requested by the Developer. <br />(ii) Review and Response to Submittals. Certain work product of the Developer derived <br />from the Preliminary Development Activities will be submitted to the City for review, <br />comment, and approval, as the Developer deems reasonably appropriate and necessary <br />(collectively, the "Submittals"). Any Submittals for which the City's approval is legally <br />required under the existing rules, regulations, codes, and ordinances of the City relating <br />to land development (the "City Legal Requirements") shall be subject to City review <br />and approval in accordance with such City Legal Requirements. Nothing in this <br />Agreement shall constitute a waiver of the City Legal Requirements or the City's non- <br />ministerial obligations under State law, and the Developer shall ultimately be <br />responsible for ensuring that such Submittals conform to any and all City Legal <br />Requirements. <br />Any Submittals that are not subject to the City Legal Requirements but for which the <br />City's review and comment is nevertheless deemed reasonably necessary or <br />appropriate by the Developer, shall not be subject to formal City approval. However, <br />the City may elect, in its reasonable judgment, to provide informal comments and input <br />to such Submittals as so requested by the Developer. <br />(iii) Timely Response to Information Requests. To the extent permitted by State law, at the <br />request of the Developer, the City agrees to timely provide to the Developer any <br />relevant data, surveys, documentation and information in possession of the City and <br />which, in the reasonable judgment of the City is reasonably necessary or appropriate <br />in connection with the Developer's performance of the Preliminary Development <br />Activities. <br />C ONCEPTUAL P LANNING A GREEMENT (H OPKINS R EDEVELOPMENT P ROJECT) P AGE 6 <br /> <br />
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