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� NOW THER$FORE, for and in consideration of the sum of <br /> One Dollar ($1.00) and other valuable consideration, Grantor(s) <br /> hereby covenant, grant, gift, quit claim and convey to grantee <br /> the right to restrict, and Grantor(s) hereby agree to restrict, <br /> limit and preclude the ownership, use, improvement and <br /> development of Parcel A and Parcel B according to and under the <br /> conditions and covenants herein contained, as follows: <br /> 1. Grantor(s) agree that Parcel A and Parcel B shall <br /> henceforth be contained in common use and ownership even if <br /> recorded as separate lots or parcels, and that Parcel A and <br /> Parcel B wil 1 not be used, conveyed, sold, leased or other- <br /> wise encumbered except together as if they were a single <br /> parcel. <br /> 2. Grantee shall not issue any building permit, zoning <br /> variance or conditional use permit for any structure or use <br /> on the properties inconsistent with the covenants contained <br /> herein. <br /> 3. In addition to any other remedy Grantee may have, the <br /> covenants and restrictions contained herein may be enforced <br /> by injunction. Grantor(s) who are in possession of these <br /> properties shall pay to Grantee all costs and expenses <br /> including attorneys fees incurred by Grantee in enforcing <br /> the terms of this indenture. <br /> 4. The terms and conditions of this indenture may be <br /> modified, amended or extinguished and thereafter Parcel A <br /> and Parcel B may be subdivided, sold separately or reduced <br /> in part only upon application by Grantor(s ) to Grantee for <br /> approval of a "Subdivision" in accordance with the platting <br /> code of the City in effect at the time of such application. <br /> 5. Grantor(s) agree that recording of this indenture shall <br /> not vest any property rights in the properties and that any <br /> zoning or development authorities granted herein or <br /> hereinafter because of this indenture shall remain subject <br /> to future regulation, modification and/or limitation by <br /> Grantee or other regulatory bodies in accordance with <br /> legally applicable and enforceable zoning or other <br /> ordinances of Grantee. <br /> 6. Grantor(s) do not intend that the public should have any <br /> interest in the above properties by virtue of this indenture <br /> or otherwise, except as hereinabove set forth. <br /> All provisions hereof shall run with the land and shall <br /> extend to and bind the heirs, successors, representatives, <br /> grantees or assigns of the respective parties hereto. <br /> �. <br /> 6 <br /> � <br />