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<br />in accordance with applicable laws and regulations. The Authority will be responsible for <br />maintenance of any area fenced by it. <br /> <br />3. City's Retained Rights; Covenant and Restriction. <br /> <br />A. The City retains the right to use and enjoy the Easement Area in all ways, subject <br />to the restrictions imposed by the purposes of this Easement and the Authority's rights as <br />described above. The City agrees to provide the Authority with plans to implement any <br />of the retained uses at least 90 days prior to construction. The Authority may use the <br />procedures in Section 2.G. if it determines any of the planned use would violate the <br />provisions or purposes of this easement. These retained uses include, the following: <br /> <br />(i) the construction, operation and maintenance of one or more interpretive <br />centers (including gift/snack shops) related to the natural features and ecology of <br />the Easement area; <br /> <br />(ii) the construction, operation and maintenance of storage buildings and <br />facilities related to the maintenance of the Easement Area; <br /> <br />(iii) the construction, operation and maintenance of trailheads, including <br />restroom, picnic and camping facilities; <br /> <br />(iv) the construction, operation and maintenance of access roads and parking <br />facilities for interpretive centers and trailheads; and <br /> <br />(v) the construction, operation and maintenance of trails. <br /> <br />B. This Easement shall constitute a covenant and restriction rurming with the title to <br />the Easement Area, binding on the City and the City's successors and assigns and enuring <br />to the benefit of the Authority and the Authority's successors and assigns. <br /> <br />4. Miscellaneous Provisions. <br /> <br />A. Termination. This Easement may be terminated only upon the mutual written <br />consent of the City and the Authority in an instrument recorded in the Official Records of <br />Hays County, Texas. <br /> <br />B. Governing Law; Construction. Texas law will govern this Easement. This <br />Easement is granted and accepted pursuant to Texas Natural Resources Code Chapter <br />183, as amended. <br /> <br />C. Severability. If any portion of this Easement is determined to be invalid, the <br />remaining provisions will remain in full force and effect if they can be given effect <br />without the invalid portion. <br /> <br />11212.0301I/DFRO/MISC-3/757133.4 <br /> <br />page 4 of6 <br />