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NOV-11-2004(THU) 09 :41 SKILES & ASSOCIATES (FAX)512 353 2916 P.011/014 Bk Vol pg 04036144 OPR 2599 193 2.02 Restrictions on land use 4.01 Reservation and dedication of right-of-way 4.02 Provision and maintenance of parking 4.03 Provision and maintenance of landscaping 4.05 Streetscape installation and maintenance 4.06 Storm water drainage 4.07 Compliance with building setback, maximum building coverage and maximum height of structures (subject to 4.09) 4.08 Architectural preservation The Property Owner and the City stipulate that 1) this covenant touches and concerns the Project Site, 2) notice will be given by filing of this instrument in the public records of Hays County, Texas,' and 3) these covenants are reasonable in connection with the Project. These covenants run with the title to the Project Site and are binding on the Property Owner and the Property Owner's successors and assigns. These covenants may be amended only with the written consent ofthe City. 5.02. The Property Owner understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of San Marcos, as amended. The Pioperty Owner further understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to a suit by the City for an injunction to enjoin the violation of these development standards as restrictive covenants, and as though they were conditions, restrictions and limitations on use of the Project Site urider the City's zoning ordinance. 5.03. All obligations of the Property Owner created under these development standards are performable in Hays County, Texas and venue for any action arising under these development standards shall be in Hays County, Texas. These development standards will be construed in accordance with the laws of the State of Texas. 5.04. Nothing in these development standards, express or implied, is intended to confer any rights, benefits or remedies under or by reason of these development standards upon any person or entity other than the City of San Marcos. 5.05. These development standards may be revised and amended only in accordance with the procedures described in the City's zoning and planned development district ordinances, as amended. 5.06. The present owners of the property comprising the Project Site are the First Baptist Church of Sari Marcos, Michael D. Roberts and Michael G. Roberts. These owners are referred to collectively as the "Property Owner" in these standards. These present owners anticipate the sale of the 'Project Site to a single entity, which, upon closing of the sale and conveyance, will be bound'by the terms of these development standards. 10 OT ·d EÞ6296E#2Ts o~ a~~~s3 I~~~ soo~~w w~s dvs=20 VO 62 ~oO