Res 2010-148 - Laserfiche WebLink

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DEVELOPMENT AGREEMENT Paso Robles This evelopment Agreement (this "Agreement ") is made and entered into as of the of , 2010 (the "Effective Date "), by and between the City of San Marcos, Texas, a Texas municipal corporation (the "City ") and Carma Paso Robles LLC, a Texas limited liability company ( "Carma "). The City and Carma are sometimes hereinafter referred to individually as "Party ", and collectively as the "Parties ". The Parties agree as follows: Purposes and Consideration WHEREAS, the City is a home rule municipality with an estimated population as of the Effective Date of more than 50,000; and WHEREAS, Carma currently owns that certain 906.5 acre, more or less, parcel of land located in the extraterritorial jurisdiction ( "ETJ") of the City, Hays County, Texas, and more particularly described in Exhibit "A" (the "ETJ Parcel "), which exhibit is attached hereto and incorporated herein for all purposes; and WHEREAS, Carma currently owns that certain 432.062 acre, more or less, parcel of land located in the City Limits of San Marcos, Hays County, Texas, and more particularly described in Exhibit `B" (the "City Parcel" and, together with the ETJ Parcel, hereinafter sometimes referred to as the "Property "), which exhibit is attached hereto and incorporated herein for all purposes; and WHEREAS, Carma desires to develop the Property as a mixed -use retail, commercial, and residential development generally in accordance with the Concept Plan, as more particularly described in Exhibit "C" attached hereto and incorporated herein for all purposes (as amended from time to time as authorized by the PDD Regulations (defined in §1.03, below), the "Concept Plan "); and WHEREAS, the City is authorized to make and enter into this written Agreement with Carma with respect to the ETJ Parcel in accordance with Subchapter G, Chapter 212, Local Government Code, to accomplish the following purposes: A. Extend the City's planning authority over the ETJ Parcel in accordance with the Concept Plan and the terms hereof under which certain uses and development of the ETJ Parcel are authorized; B. Authorize enforcement by the City of municipal land use and development regulations for the ETJ Parcel to the extent the same are consistent with the Concept Plan, the PDD Regulations and the terms hereof, and in the same manner the applicable regulations are enforced within the City's municipal boundaries.