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EXHIBIT "C" <br />RESTRICTIVE COVENANT AGREEMENT <br />THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and <br />entered into as of the day of , 2019, by and between Curby D. Ohnheiser, Diane <br />M. Deringer, Carolyn J. Scurlock, Van Lee, LLC, and Ohnheiser Properties, LP (individually, an <br />"Owner" or, collectively, the "Owners"), and the City of San Marcos, Texas (the "City"). <br />RFCTTAT.C- <br />A. Owners are the owners of various tracts of land totaling approximately 888.772 <br />acres situated in Caldwell County, Texas, more particularly described in Attachment 1, attached <br />hereto (the "Property"). <br />B. In consideration of the mutual obligations of the parties in that certain Chapter 380 <br />Economic Development Incentive and ETJ Development Agreement between the City, the Owners <br />and Texas Transportation Alliance, LTD (the "380 Agreement"), the Owners have agreed to the <br />imposition of certain restrictive covenants on the Property. <br />NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), <br />and other good and valuable consideration, the receipt and sufficiency of which the parties hereby <br />acknowledge, the Owners and the City do hereby agree as follows: <br />1. Use Restrictions. The Owners hereby impose restrictive covenants on the Property <br />and agree that development of the Property shall be subject to the development standards in <br />Attachment 2, attached hereto, and that land uses on the Property shall be only as provided in <br />Attachment 3, attached hereto. The Parties hereto agree and acknowledge that the proposed the <br />use of the that approximately 73.623 -acre portion of the Property described in Attachment 4 (the <br />"Katerra Tract") as a warehouse and distribution facility for the purpose of receiving, storing, <br />shipping, distributing, displaying and selling Tenant's products, materials and merchandise, for <br />processing customer returns, for general warehouse use, general office use and administrative and <br />other ancillary and related uses is a Permitted Use as set forth in Attachment 3 and does not violate <br />any of the Prohibited Uses in Attachment 3. <br />2. No Consent Required. The Owners and the City each hereby represent and warrant <br />to the other that they have full requisite power and authority to enter into this Agreement without <br />the joinder or further consent of any other party, including without limitation that of any lender, <br />lienholder or tenant, and that this Agreement will not be subordinate to any existing lien or other <br />monetary encumbrance. <br />3. Injunctive Relief. In the event of a breach of this Agreement by any Owner, the <br />City or any non -breaching Owner shall be entitled to injunctive relief mandating compliance <br />herewith, and shall be entitled to obtain a decree specifically enforcing the performance of the <br />obligations created hereunder. The parties hereby acknowledge and stipulate the inadequacy of <br />legal remedies and irreparable harm which would be caused by the breach of this Agreement, and <br />the City shall be entitled to relief by any and all other available legal and equitable remedies from <br />