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RESTRICTIVE COVENANT AGREEMENT <br /> THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and <br /> entered into as of the day of , 2022, by and betweenNP San <br /> Marcos Holdings, LLC., (the "Owner"), and the City of San Marcos, Texas(the "City"). <br /> RECITALS: <br /> A. Owner is the owner of a tract of land totaling approximately 165.82 acres situated <br /> in Hays County, Texas, more particularly described in Exhibit "A", attached hereto (the <br /> "Property"). <br /> B. Owner acknowledges an approximate 45.76 acre portion of the Property has been <br /> provided to the City of San Marcos as a Clear Zone Easement described in Vol. 509, Pg. 641, <br /> Real Property Records of Travis County,Texas and amended in Vol. 509,Pg. 651,Real Property <br /> Records of Hays County, Texas (the "Easement Property"). <br /> C. Owner and the City desire to subject the Property, SAVE AND EXCEPT the <br /> Easement Property, (the "Restricted Property"), to the terms of this Declaration. <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 Owner and the City do hereby agree as follows: <br /> 1. Establishment of Restrictive Covenant. The Parties hereto agree and <br /> acknowledge that the Restricted Property shall be held, sold,transferred, conveyed and occupied <br /> subject to the following restrictive covenants. The following use is a prohibited use on the <br /> Restricted Property: <br /> i. Waste-Related Service Use Category - Characterized by uses that receive <br /> solid or liquid wastes from others for transfer to another location and uses that <br /> collect sanitary wastes or that manufacture or produce goods or energy from <br /> the composting of organic material. Waste related service includes the <br /> following uses. <br /> a. Animal waste processing. <br /> b. Landfill. <br /> c. Manufacture and production of goods from composting organic <br /> material <br /> d. Outdoor collection and storage of recyclable material <br /> e. Scrap Materials (indoor storage). <br /> f. Solid or liquid waste transfer station,waste incineration. <br /> 2. No Consent Required. The Owner 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 />