Ord 2022-010/Annexing into the city approx 105.41 acres of land generally located due north of Rattler Rd and E. McCarty LN intersection known as 1601 E. McCarty Ln No. AN 22-01

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THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and entered into as of February 15, 2022, (the "Effective Date") by and between Edmund Jaster Hays County Partnership, a Texas Partnership (the "Owner"), and the City of San Marcos, Texas (the "City"). RECITALS: A. Owner is the owner of a tract of land totaling approximately 105.417 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: I. 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 covenant for so long as the Property, or any portion thereof, is zoned "Ll" (Light Industrial): a. Development or operation of "Waste Related 'Services" as defined by Section 5.1.7.5 of the City's Land Development Code as of the Effective Date (the "Code) shall be prohibited on the Property. b. The prohibition on Waste Related Services described in Section la above shall in no event apply to the collection, storage or sorting of scrap materials, recyclable materials, organic materials or similar waste materials in connection with, and incidental to, a primary use on the Property that is not otherwise prohibited. 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. 4. No Waiver. The failure of the City or Owner to avail itself of any of the privileges, rights, covenants, agreements, terms and conditions of this Agreement for any period of time or at any time shall not be construed or deemed to be a waiver thereof, and nothing herein contained, nor anything done or omitted to be done by the City or Owner pursuant hereto, shall be deemed a waiver by the other of any of its rights and remedies hereunder or under the laws of the State of Texas. The enforcement of any right or remedy hereunder by the City, either prior to, simultaneously with, or subsequent to any other action taken hereunder, shall not be deemed an election of remedies.