Res 2023-204R approving an agreement with ARA Properties II, a Texas General Partnership, for the city to purchase a 0.069 acre utility easement in the vicinity of the intersection of State Highway 123 and De Zavala Drive

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h DocuSign Envelope ID:8ED226AE-3864-4E6F-B6CF-1845313531A24 z i I 2. Nothing in this City of San Marcos Public Water Utility Easement(this"Easement Agreement") shall be construed to allow the overnight parking, storage, or permanent staging of vehicles, machinery, or equipment. Grantee, its employees, agents, contractors, subcontractors and invitees shall observe all of the terms of this Easement Agreement while on Grantor's property and Grantee agrees to enforce compliance therewith by its employees, agents, contractors, subcontractors,and invitees. Grantee shall be responsible for the authorized or unauthorized acts or omissions of its employees, agents, contractors, subcontractors and invitees while the same are on the Easement Area or Grantor's Property. 3. If Grantee's contractors or subcontractors shall fail to complete the construction of the Public Water Facilities or fail to restore or maintain the Easement Area as required by this Easement Agreement, then Grantee shall promptly and with reasonable diligence perform all construction or acts necessary to complete the construction or perform maintenance and repair at the sole cost and expense of Grantee. 4. Grantee covenants for itself and its successors and assigns,not to place or maintain any building, structure, or any other obstruction on the surface of the Easement Area 5. Grantee shall have the right to cut,trim, and control the growth of trees and other vegetation and to remove or alleviate other such obstructions on and in the Easement Area which interfere with or threatens the operation and maintenance of the Public Water Facilities without payment to the Grantor. 6. Grantor acknowledges that any and all Public Water Facilities in the Easement Area shall remain the property of Grantee. 7. Nothing herein shall be understood or construed to grant,provide,or allow Grantee ingress, egress,or access to Grantor's adjoining property or private roads or right of ways for any reason without Grantor's written permission. To the extent Grantor allows Grantee to use any of Grantor's Property for the purposes herein,Grantee shall promptly repair any damage to Grantor's roads and surface caused by Grantee in the exercise of any rights granted hereby to as good or better condition that existed prior to such use. 8. Grantee will repair to as good or better condition Grantor's roadways and driveways if they become damaged as a result of Grantee's operations. Grantee will not allow a roadway or driveway to remain impassible at anytime and will not hinder Grantor and its invitees, occupants,tenants, licensees, guests, and visitors access to Grantor's property at any time. 9. Grantee will pay for all damages Grantee causes to any property of Grantor or Grantor's tenants outside of the Easement Area. Grantee will make payment for any such damage to Grantor or to Grantor's tenants, as their interests may appear. 10. Grantor reserves the right to develop Grantor's Property,which right will include, but not be linted to, the right to construct additional limited improvements, including but not limited to, parking, driveways, or roads, including laying gravel, asphalt, or concrete at any