Res 2012-046 - Laserfiche WebLink

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Bk Vol P9 12015202 OPR 4358 450 1.05 In consideration of the foregoing and the mutual covenants and agreements of the Parties herein, the Parties enter into this Agreement. SECTION 2: GENERAL TERMS AND CONDITIONS 2.01 Development Plan. The City hereby approves the general use and development of the Property in accordance with the Development Plan, which is incorporated herein as Exhibit "B ". 2.02 Annexation A. Upon approval of this Agreement, C &G agrees to the full purpose annexation of that portion of the Property located within the ETJ of the City (the "ETJ Parcel," as identified and described in Exhibit "A "), provided, however, that the City hereby guarantees the continuing ETJ status of the portion of the Property located within the ETJ until a subdivision plat application (concept plan, preliminary plat, or final plat) is submitted for all or any portion of the Property at which time the City may annex that area subject to the aforementioned subdivision plat application. B. The Parties hereby agree that all regulations and planning authority of the City's LDC that do not interfere with the use of the Property for agriculture, wildlife management or timber may be enforced on the Property. Any burning on the Property shall require approval of the City of San Marcos Fire Marshal. C. Notwithstanding annexation of the ETJ Parcel, the terms, rights, duties, and obligations of this Agreement shall remain in full force and effect for the Initial Term of this Agreement and any extensions thereof, unless this Agreement is terminated in accordance with Section 3.01 below. D. A full geotechnical report shall be required prior to the issuance of permits, to allow for assessment of buildable area and geologic constraints. 2.03 Permitted Uses and Development Standards A. The Parties hereby agree that all regulations and rights applicable to the development of the "Commercial Area" shall be in accordance with the uses, development standards, and other applicable regulations required by the LDC for the Community Commercial zoning classification immediately upon approval of this Agreement. The Commercial Area shall be identified as the following areas as shown in Exhibit "B ": 1. The 2.6 acres located at the northeast corner of Wonder World Drive and Craddock Avenue. 2. The 6.5 acres located at the northwest corner of Wonder World Drive and Craddock Avenue. 3. The 3.4 acres located at the southwest corner of Wonder World Drive and Craddock Avenue. 4. Approximately 3.28 acres out of the 5.6 acres located at the southeast corner of Wonder World Drive and Craddock Avenue. The property owner shall submit an application to establish the Community Commercial zoning classification on these 3.28 acres currently located within the City Limits. 2