Ord 2022-045/amending the Official Zoning Map of the City in Case No. ZC-22-24, by rezoning approximately 136.912 acres of land located at 900 Francis Harris Lane, one mile South of the Francis Harris Lane and South Old Bastrop Highway

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ii) construct a six foot (6') masonry or concrete perimeter wall to mitigate sound, as shown on Exhibit `B"; and iii) install Type C Protective Yard Standards (San Marcos Development Code § Section 7.2.2.4.A, Table 7.8) to mitigate sound and light, as shown on Exhibit "B". 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 parry, 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. 5. Modification. This Agreement may not be modified or amended unless such modification or amendment has been reduced to writing approved by the city council of the City and signed by all of the then -existing owners of the Property or portions thereof, and by the City, and has been recorded in the Official Public Records of Hays County, Texas. 6. Binding Effect. The obligations created hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, heirs and assigns. 7. Partial Invalidity. If any provision of this Agreement shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. [SIGNATURES ON NEXT PAGE]