Ord 2021-002/Rezoning of Harris Hill

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EXHIBIT B [FORM OF RESTRICTIVE COVENANT AGREEMENT] RESTRICTIVE COVENANT AGREEMENT THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2021, by and between , (the "Owner"), and the City of San Marcos, Texas (the "City"). RECITALS: A. Owner is the owner of a tract of land totaling approximately 72.85 acres situated in Hays County, Texas, more particularly described in Exhibit "A", attached hereto (the "Property"). B. Owner and the City desire to subject the Property to the terms of this Declaration. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the Owner and the City do hereby agree as follows: 1. Establishment of Restrictive Covenant. The Parties hereto agree and acknowledge that the Property shall be held, sold, transferred, conveyed and occupied subject to the following restrictive covenants: a. While occupied by its owner as the owner's residence, leasing of a manufactured home shall be restricted to the family of the owner and up to one other person who is not related to any of the family members by blood, legal adoption, marriage, or conservatorship. b. As long as the average emergency response time to the Property exceeds the City's then current target emergency response time (seven minutes as of the date hereof), then, at the time of application for, and before execution of, any lease for a lot or space for placement of a manufactured home or lease for a manufactured home, the applicant shall be provided with written notice of the average emergency response time to the Property. 2. No Consent Required. The Owner and the City each hereby represent and warrant to the other that they have full requisite power and authority to enter into this Agreement without the joinder or further consent of any other party, including without limitation that of any lender, lienholder or tenant, and that this Agreement will not be subordinate to any existing lien or other monetary encumbrance. 3. Remedies. The City may pursue any remedies available at law or in equity to enforce the provisions of this Agreement, including the recovery of reasonable attorney's fees and court costs.