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

Home Browse Search

Purgatory Creek (the Lazy Oaks Ranch Purgatory Creek Floodplain Area) shall be preserved as a natural open space and drainage area, except for any ROW area necessary for construction of a road connecting the east and west sides of the Creek. The Property Owner shall by plat or separate instrument provide for an easement or other form of access acceptable to the City across the Lazy Oaks Ranch Purgatory Creek Floodplain Area at the time of final plat for any or all portions of the property to allow for future connectivity. If connections cannot be made because of slopes or other constraints within the Lazy Oaks Ranch Purgatory Creek Floodplain Area, the easement or other method of access will be required within areas adjacent to the Lazy Oaks Ranch Purgatory Creek Floodplain Area. In the event that (i) Lazy Oaks Ranch begins platting on the portion of the property west of Purgatory Creek and easements are dedicated in accordance with this Section, and (ii) the City determines that future connection to the existing City owned Purgatory Creek Greenspace is not possible or necessary, then any easements dedicated in accordance with this Section may be vacated or abandoned through appropriate methods as mutually agreed by the Parties. 1.09 Deed Restrictions and Creation of Homeowner's Association The Owner shall create a homeowner's association responsible for, among other things, enforcement of deed restrictions required under this Agreement. The homeowner's association shall be created and deed restrictions recorded before commencement of any development on all or any portion of the Property. The deed restrictions shall be submitted to the City for review to determine consistency with this Agreement before recording. The homeowner's association shall be duly authorized, under applicable laws, to enforce the deed restrictions against all owners and developers of land within the Property. Any deed restrictions, and amendments thereto, regulating development of the Property shall be recorded in the Official Public Records of Hays County, Texas. Any deed restrictions regulating development of the Property, and any amendments thereto, shall be subject to this Agreement. Such deed restrictions shall further include a statement that they are subject to this Agreement and that, in the event of a conflict between the deed restrictions and this Agreement, this Agreement shall govern. 1.10 Hays County Regional Habitat Conservation Plan & Endangered Species Act Prior to any development activity as defined in the City's LDC, the Owner shall comply with the Endangered Species Act, specifically related to the golden - cheeked warbler or black- capped vireo, by either obtaining approvals from the U.S. Fish and Wildlife Service or through voluntary participation in the Hays County Regional Habitat Conservation Plan ( "RHCP "). SECTION 2: MISCELLANEOUS PROVISIONS 2.01 Term A. The Initial term of this Agreement will commence on the Effective Date and continue for ten, (10) years thereafter. If, however, no progress toward completion of the Project, as defined under Section 245.005 of the Texas Local Government Code, is made within five (5) years of the date of this Agreement, this Agreement shall expire and Owner hereby agrees that any development Of the Property shall comply with the ordinances in effect at the time the first plat application for any portion of the property is filed. This written Agreement may be extended for additional terms as allowed by law upon mutual written agreement of the parties. B. After the expiration or termination of this Agreement, this Agreement will be of no further force and effect. C. This Agreement may be terminated or amended as to all or any portion of the Property at any time by mutual written agreement between the City and LOR. 12 1649956.1