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I <br /> 2. In excess of 75 decibels between the hours of 10:00 p.m. and 10:00 a.m. <br /> Noise shall be measured as provided by Section 7.4.2.1 of the San Marcos Land <br /> Development Code. <br /> 3. Establishment of Restrictive Covenant Relating to Odor. The Parties hereto . <br /> agree and acknowledge that the Property shall be held, sold,transferred, conveyed and occupied <br /> subject to the following restrictive covenant: No use shall be located or operated which involves <br /> the emission of noxious and odorous matter from a source of operation where the noxious and <br /> odorous matter is clearly detectable at the bounding property line or any point beyond the tract <br /> on which such use or operation is located <br /> i, <br /> 4. Establishment of Restrictive Covenant Relating to Electric Charging <br /> Stations. Owner shall include one or more electric vehicle charging stations within the <br /> development on the Property. <br /> n <br /> 5. Automatic Termination. This Agreement shall terminate automatically if the E <br /> Property has not been zoned "HI" Heavy Industrial, "LI" Light Industrial and "HC" Heavy <br /> Commercial by the City prior to the first anniversary of the date this Agreement is recorded in <br /> the real property records of Hays County. i <br /> t <br /> P, <br /> 6. No Consent Required. The Owner and the City each hereby represent and <br /> warrant to the other that they have full requisite power and authority to enter into this Agreement <br /> without the joinder or further consent of any other party,including without limitation that of any <br /> lender, lienholder or tenant, and that this Agreement will not be subordinate to any existing lien <br /> or other monetary encumbrance. <br /> 7. Remedies, The City may pursue any remedies available at law or in equity to <br /> enforce the provisions of this Agreement,including the recovery of reasonable attorney's fees and <br /> court costs. <br /> E <br /> 8. No 'Waiver. The failure of the City or Owner to avail itself of any of the <br /> privileges, rights, covenants, agreements, terms and conditions of this Agreement for any period <br /> of time or at any time shall not be construed or deemed to be a waiver thereof,and nothing herein <br /> contained, nor anything done or omitted to be done by the City or Owner pursuant hereto, shall <br /> be deemed a waiver by the other of any of its rights and remedies hereunder or under the laws of <br /> the State of Texas. The enforcement of any right or remedy hereunder by the City, either prior <br /> i <br /> to, simultaneously with, or subsequent to any other action taken hereunder, shall not be deemed <br /> an election of remedies. i <br /> 9. Modification. This Agreement may not be modified or amended unless such <br /> modification or amendment has been reduced to writing approved by the city council of the City <br /> and signed by all of the then-existing owners of the Property or portions thereof, and by the City, <br /> and has been recorded in the Official Public Records of Hays County,Texas. <br /> 10. Binding Effect. The obligations created hereunder shall create mutual benefits <br /> and servitudes running with the land. This Agreement shall bind and inure to the benefit of the <br /> 33739504v.I <br /> 1 <br /> i <br />