Res 2013-018/City Manager to execute a development agreement with Lazy Oaks Ranch, LP

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proper hand watering /irrigation. 6. A minimum 100 foot wide tree preservation /open space landscape buffer setback shall be provided adjacent to the existing Fox Ridge single family residential subdivision along the northwest property line and along the portion of Purgatory Creek that borders the existing Settlement subdivision. The Conceptual Land Use Plan illustrates the location of this tree preservation /open space landscape buffer and provides GIS coordinates at various points along the buffer for reference. This tree preservation /open space landscape buffer is intended to serve as a buffer from the adjacent lots in the Fox Ridge and Settlement Subdivisions. The tree preservation /open space landscape buffer setback will be privately owned and maintained by the Property Owner. Unless otherwise approved through a Site Development Permit, there shall be no clearing, grading or public access within the tree preservation /open space landscape buffer setback area except as may be necessary to allow for the construction of a fence along a property line. The tree preservation /open space landscape buffer setback area shall be maintained free of all, trash, rubbish, debris or other similar nuisances and fire hazards in accordance with this agreement and the requirements of the City of San Marcos Code of Ordinances. 7. The boundary between the Residential 1 U/A area and southeastern most portion of the "Conservation or Open Space or Proposed Habitat (RHCP) Preserve" as illustrated on the Conceptual Land Use Plan and generally located between the existing Fox Ridge /Settlement subdivisions and the Residential 1 U/A area within Lazy Oaks Ranch, south of Purgatory Creek has been delineated with GIS coordinates as provided on the Conceptual Land Use Plan. 1.05 Public Infrastructure Improvements A. The City hereby agrees to allow the extension of City water and wastewater facilities to provide service to the Project, subject to a determination of adequate capacity, location of existing and proposed infrastructure or other applicable determinations. All water and wastewater infrastructure required to serve the Project shall be built to the City's construction standards and in conformance with all rules, regulations and ordinances related to the construction and extension of water and wastewater utilities in effect at the time of submittal of construction plans. The property owner /developer shall be responsible for the payment of all costs associated with the extension of infrastructure required to properly serve the development of the Property. Notwithstanding the foregoing, nothing herein shall be construed to prohibit the parties and /or adjacent developments or subdivisions from mutually agreeing to cost participate or oversize reimbursement on specifically defined infrastructure in accordance with applicable City and State requirements for such participation or reimbursement. Nothing contained herein shall be construed to be a reservation of capacity. To ensure a high quality, attractive development, where feasible, all utility infrastructure, including but not limited to water, wastewater and electrical infrastructure, for the Project shall be placed underground. All utility appurtenances that are required to be above ground may be placed above ground as necessary to serve the development of the Property. All extensions shall be made in a public utility easement or public right -of -way (ROW). The property owner hereby agrees to allow the City to expand its water and wastewater Certificate of Convenience and Necessity areas as necessary to serve the development of the Project. B. The development of the Project includes the construction of a subdivision entry road that will be privately owned and maintained until such time that said entry road is required to be dedicated as a public right -of -way to serve the Project. The subdivision entry road shall be built to City construction standards and shall be reviewed, inspected and approved by the City at the time of construction. To ensure compliance with City standards at the time of dedication as a public right -of -way, the subdivision entry road shall be subject to re- inspection by the City, prior to acceptance. 1649956.1