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WHEREAS, no building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such record lot shall apply for a formal combination of all commonly owned property into one tax parcel, which shall be executed and filed in the chain of title of each separate parcel; and WHEREAS, notwithstanding the above it is the intent of the Owner and the City that Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same person or persons, and further that Parcel A and Parcel Bare intended to be used and/or developed in common by Owner as they were in fact one parcel instead of two. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, 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 Prope1iies according to and under the conditions and covenants herein contained, as follows: 1. The City and Owner agree that the Prope1iies 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 and Owner agree that there is no distinction in use between Parcel A and Parcel B and therefore Parcels A and B may be used or developed for any principal use as may be permitted in the zoning district, subject to all performance standards and approvals required therefore. 3. The City shall not issue any building permits, zoning variances or conditional use permits for any structure or use on the Prope1iies inconsistent with the covenants contained herein. 4. Owner hereby grants to the City the right to enter upon the Prope1iies 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. 5. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Owner(s) who are in possession of the Prope1iies shall pay to the City all costs and expenses including attorney's fees incurred by the City in enforcing the terms if this indenture. 6. The terms and conditions of this indenture may be modified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in paii only upon application by Owner(s) to the City for approval of a "Subdivision" in accordance with the subdivision ordinance of the City in effect at the time of such application. 7. Owner agrees that recording of this indenture shall not vest any property rights in the Prope1iies and that any zoning of development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification and/or limitation by the 149988v01 2