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127. <br /> <br /> DEVELOPMENT AGREEMENT CONCERNING <br />PROPOSED COTTONWOOD CREEK DEVELOPMENT <br /> <br /> This is an agreenlent by and between the City of San Marcos, a Texas home-rule <br />municipal corporation (the "City") and Vision Land Group, Ltd., a Texas limited partnership (the <br />"Developer"). <br /> <br />RECITALS: <br /> <br /> 1. The Developer is the owner of those certain tracts of land in San Marcos, Texas, more <br />fully described on the attached Exhibit A (the "Property"). <br /> <br /> 2. The City Plmming and Zoning Commission approved a Subdivision Master Plan (the <br />"Master Plan") for the proposed Cottonwood Creek development (the "Project") on the Property <br />on May 28, 2002, a copy of which is attached as Exhibit B; and the City Council has approved <br />zoning for the Property. <br /> <br />3. The Developer desires to develop the Property in accordance with the Master Plan. <br /> <br /> 4. The City Council finds and determines that the development of the Project will be a <br />significant initial step in promoting local economic development and stimulation of business and <br />commercial activity in a preferred growth area of the City to the east of Interstate Highway 35 <br />and along State Highway 123 South, and will significmatly increase the property tax base and <br />retail sales of the City, and that construction of the Project is in the best interests of the City. <br /> <br /> 5. The City has enacted development mgulations which govern development of the <br />Property, including but not linlited to the City of San Marcos subdivision regulations, <br />construction codes, drainage and erosion control ordinance, construction standards and <br />specifications for streets, utilities, and other public improvements, and zoning (the "Development <br />Regulations"); and the Developer is proposing to develop the Project on the Property in <br />accordance with the Development Regulations. <br /> <br /> 6. The City and the Developer have determined that the development of the Property will <br />best be accomplished through a development agreement, and the Developer and the City desire to <br />enter into a development agreement for the Project. <br /> <br /> AGREEMENT: For and in consideration of the promises and the mutual agreements set <br />forth herein, the City mad the Developer hereby agree as follows: <br /> <br /> 1. The Project. The Developer is plamfing to develop the Project on the Property, to <br />accommodate residential, commercial and public uses in accordance with the Master Plan. The <br />development of the Project is expected to occur over a period of 15 years, through a series of <br />subdivision plats. <br /> <br />2. Agreements by the Developer. The Developer agrees as follows: <br /> <br /> <br />