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approval is first obtained from the City Council# and a temporary <br />certificate of occupancy must be issued for model home purposes. <br />11. Regolution of City. The Subdivider agrees to be <br />bound by the provisions set forth in the resolution of the City <br />Council approving the preliminary plat of this Subdivision, <br />attached to this agreement as Exhibit B, and by the Resolution of <br />the City Council approving the final plat of this Subdivision and <br />the resolution of the City granting a conditional use for the <br />subdivision as a PPD. <br />12. Binding Effect. The terms and provisions hereof <br />shall be binding upon and inure to the benefit of the heirs, <br />representatives, successors and assigns of the parties hereto and <br />shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land and <br />shall be enforceable by the City against the Subdivider, his heirs <br />and assigns and against the home owners association required by <br />paragraph 10 of this agreement. References herein to Subdivider, <br />if there be more than one, shall mean each and all of them. This <br />agreement, or a short form thereof to be executed by the <br />Subdivider, at the option of the City shall be placed of record so <br />as to give notice hereof to subsequent purchasers and encumbrancers <br />of all or any part of the Subdivision and all recording fetv- if <br />any, shall be paid by the Subdivider. <br />13. Woticaa. Whenever in this agreement it shall be <br />required or permitted that notice or demand be given or served by <br />-20-