Ord 2022-078 amending the Official Zoning Map of the City in Case No. ZC-22-33, by rezoning approximately 120 acres of land, generally located near the 4100 block of State Highway 21

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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 ,2022,by and between NP San Marcos Holdings,LLC., (the"Owner"),and the City of San Marcos,Texas(the"City"). RECITALS: A. Owner is the owner of a tract of land totaling approximately 165.82 acres situated in Hays County, Texas,more particularly described in Exhibit"A",attached hereto(the"Property"). B. Owner acknowledges an approximate 45.76 acre portion of the Property has been provided to the City of San Marcos as a Clear Zone Easement described in Vol.509,Pg.641,Real Property Records of Travis County,Texas and amended in Vol. 509,Pg. 651,Real Property Records of Hays County,Texas (the"Easement Property"). C. Owner and the City desire to subject the Property, SAVE AND EXCEPT the Easement Property,(the"Restricted 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 Restricted Property shall be held, sold, transferred, conveyed and occupied subject to the following restrictive covenants.The following use is a prohibited use on the Restricted Property: i. Waste-Related Service Use Category - Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. Waste related service includes the following uses. a. Animal waste processing. b. Landfill. c. Manufacture and production of goods from composting organic material. d. Outdoor collection and storage of recyclable material. e. Scrap Materials(indoor storage). f. Solid or liquid waste transfer station,waste incineration. 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.