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Planned Development District The Preserve at Windemere Development Standards Phase 1 139.55 acres for The Preserve at Windemere, Phase 1. 6,000 square feet (sf) of impervious cover is allocated for each SF residential lot. Therefore the 74 proposed residential lots will be allocated 444,000 sf (10.19 acres) of impervious cover. All non - thoroughfare plan required streets account for an estimated 103,112 sf (2.37 acers) of impervious cover. Additionally the proposed trail system will account for an estimated 21,296 sf (0.49 acres) of impervious cover. (Decomposed granite counts as 25% impervious per City of San Marcos LDC) Therefore a total of 13.05 acres of impervious cover shall be allocated for the Preserve at Windemere, Phase 1. This represents 9.35% of the net site area of this phase of the development, which is less than half of the allowable impervious cover for this site. 3.0 Miscellaneous 3.01 The Property Owner understands and acknowledges that the Project Site will be bound by the provisions of these development standards as though they were conditions, restrictions and limitations on the use of the Project Site under the City's LDC. 3.02 The Property Owner understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of San Marcos, as amended. The Property Owner further understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to a suit by the City for an injunction to enjoin the violation of these development standards as though they were conditions, restrictions and limitations on use of the Project Site under the City's LDC. 3.03 All obligations of the Property Owner created under these development standards are performable in Hays County, Texas and venue for any action arising under these development standards shall be in Hays County, Texas. These development standards will be construed in accordance with the laws of the State of Texas. 3.04 Nothing in these development standards, express or implied, is intended to confer, any rights, benefits or remedies under or by reason of these development standards upon any person or entity other than the City of San Marcos and the Property Owner. 3.05 These development standards may be revised and amended only in 9 10/06/11