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WHEREAS, no building pe1mit, variance or conditional use pe1mit 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 Bare 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 Prope1iies according to and under the <br />conditions and covenants herein contained, as follows: <br />1. The City and Owner agree that the Properties shall hencefo1ih 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 pe1mits, 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 Prope1iies 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 />5. In addition to any other remedy the City may have, the covenants and restrictions <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 />Prope1iies 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