2021 Special Lot Combination Agreement 2

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NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, Owner hereby covenants, grants, gifts, quit claims and conveys to the City the right to restrict, and Owner hereby agrees to restrict, limit and preclude the ownership, use, improvement and development of the Properties according to and under the conditions and covenants herein contained, as follows: 1. The City and Owner agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the Properties will not be conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. The City shall not issue any building permits, variances, or conditional use permits for any structure or use on the Properties inconsistent with the covenants contained herein. 3. Owner hereby grants to the City the right to enter upon the Properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from the Properties, without any liability, any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 4. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Owner who is in possession of the Properties shall pay to the City all costs and expenses including attorney's fees incurred by the City in enforcing the terms if this indenture. 5. The parties may mutually agree that the terms and conditions of this indenture may be modified, amended, or extinguished and thereafter Parcel A and Parcel B may be separated. 6. Owner agrees that recording of this indenture shall not vest any property rights in the Properties and that any zoning of development authorities granted herein or hereinafter because of this indenture shall remain in effect until and unless this indenture is extinguished. The Properties shall be subject to future regulation, modification, and/or limitation by the City or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of the City. 7. The City does not intend that the public should have any interest in the Properties by virtue of this indenture or otherwise, except as hereinabove set forth. 8. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. 9. This Agreement may be executed with the use of counterpart signature pages. 2