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WHEREAS, no building permit, variance or conditional use permit shall be issued for <br /> any purpose on any record lot composed of two or more tax parcels unless the owner of such <br /> record lot shall apply for a formal combination of all commonly owned property into one tax <br /> parcel, which shall be executed and filed in the chain of title of each separate parcel; and <br /> WHEREAS, notwithstanding the above it is the intent of the Owner and the City that <br /> Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same <br /> person or persons, and further that Parcel A and Parcel B are intended to be used and/or <br /> developed in common by Owner as they were in fact one parcel instead of two. <br /> NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and <br /> other valuable consideration, Owner hereby covenants, grants, gifts, quit claims and conveys to <br /> the City the right to restrict, and Owner hereby agrees to restrict, limit and preclude the <br /> ownership. use, improvement and development of the Properties according to and under the <br /> conditions and covenants herein contained, as follows: <br /> L The City and Owner agree that the Properties shall henceforth be contained in common <br /> use and ownership even if recorded as a separate lot or parcel, and that the Properties will not be <br /> conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. <br /> 2. The City and Owner agree that there is no distinction in use between Parcel A and Parcel <br /> B and therefore Parcels A and B may be used or developed for any principal use as may be <br /> permitted in the zoning district, subject to all performance standards and approvals required <br /> therefore. <br /> 3. The City shall not issue any building permits, zoning variances or conditional use permits <br /> for any structure or use on the Properties inconsistent with the covenants contained herein. <br /> 4. Owner hereby grants to the City the right to enter upon the Properties for the purposes of <br /> inspection and enforcement of the covenants contained herein, and to cause to be lawfully <br /> removed from the Properties, without any liability, any structures, uses, substances and natural or <br /> unnatural materials inconsistent with the covenants contained herein. <br /> S. 112 c1CICl2tlOi1 �O ai��% Ot�1�.T'iE,'i7leuj 'c�Ie Cit)' I112�j��'i$v�, t}l2 CGVeTIaTI�S aT`i'.� T'2St2'1CilOI'iS <br /> contained herein may be enforced by injunction. Owner(s) who are in possession of the <br /> Properties shall pay to the City all costs and expenses including attorney's fees incurred by the <br /> City in enforcing the terms if this indenture. <br /> 6. The terms and conditions of this indenture may be modified, amended or extinguished <br /> and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only <br /> upon application by Owner(s) to the City for approval of a"Subdivision" in accordance with the <br /> subdivision ordinance of the City in effect at the time of such application. <br /> 7. Owner agrees that recording of this indenture shall not vest any property rights in the <br /> Properties and that any zoning of development authorities granted herein or hereinafter because <br /> of this indenture shall remain subject to future regulation, modification and/or limitation by the <br /> 149988v01 2 <br />