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Res 1999-004
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Res 1999-004
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8/10/2006 11:29:22 AM
Creation date
8/10/2006 11:28:55 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1999-4
Date
1/11/1999
Volume Book
135
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<br />Page 2 <br />subdivision of 165-170 lots. The Project also includes the construction of internal streets and the <br />extension of utility facilities, all in accordance with the construction plans to be submitted by the <br />Developer and as approved by the City. The total estimated cost of the Project is approximately <br />$2,500,000. While not a part ofthe Project, single-family residences will be constructed on the lots <br />in this subdivision, either by the Developer or by others. The conceptual plan of the Project attached <br />as Exhibit C is approved; however, subdivision platting of the Project is subject to review and <br />approval by the City's Planning and Zoning Commission, and construction plans for the Project are <br />subject to review and approval by the City staff. <br />B. The Developer will complete the Project in phases. The Developer agrees to complete <br />the construction of the first phase of the Project, which includes the Realignment, by December 31, <br />1999, and to complete the balance ofthe Project by December 30, 2002. <br />C. The Developer agrees that the use of the Project upon completion will be for single- <br />family residential purposes only in accordance with the current zoning designation of the Property. <br />D. The City will have access to the Property during the City's normal business hours for the <br />purpose of inspecting the Project to ensure that it is constructed, maintained and used in accordance <br />with this Agreement. <br /> <br />3. DEVELOPMENT INCENTIVES <br />A. In consideration for the construction of the Project by the Developer, and the agreement <br />by the Developer that at least 50% ofthe homes in the subdivision will be sold to households earning <br />80% or less ofthe median income for the San Marcos area as established by the U.S. Department <br />of Housing and Urban Development ("Affordable Buyers"), the City agrees to waive City fees (the <br />"Fee Waiver") associated with the Project, including those for subdivision platting, engineering <br />review, and site development. Any of these fees that have already been paid will be refunded by the <br />City. The City also agrees to waive fees for building permits, plan checking, water and wastewater <br />connections, and contractor licensing associated with the construction of single-family residences <br />on the Property by the Developer or by others that become payable on or before December 31, 2002. <br />In the event a home in the Project is sold to a party other than an Affordable Buyer, then the home <br />builder will be responsible for payment of the full amount of any F ee Waiver associated with the <br />home. The home builder will present written verification of the eligibility of a buyer as an <br />
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