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8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in
<br />violation of this Agreement shall be null and void, and City shall have the right to pursue any right
<br />or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales,
<br />transfers, or assignments.
<br />8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed,
<br />hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and
<br />restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable
<br />servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be
<br />binding upon Developer and all persons having any right, title or interest in the Property, or any
<br />part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and
<br />its successors and assigns, and may be enforced by City and its successors and assigns. The
<br />covenants established in this Agreement shall, without regard to technical classification and
<br />designation, be binding for the benefit and in favor of City and its uccessors and assigns, and the
<br />parties hereto expressly agree that this Agreement and the cov herein shall run in favor of
<br />City, without regard to whether City is or remains an owner o . - interest therein to which
<br />such covenants relate. However, all such covenants and res'-i -seemed to run in favor
<br />of all real property owned by City which real property sh- oenefited property of
<br />such covenants and this Agreement shall create equitab' venants appurtenant to
<br />all real property owned by City and running with -4c . = eri ,rdance with the provisions
<br />of Civil Code Section 1468. Furthermore, a' ',e C conditions, and restrictions
<br />contained herein shall also constitute easements ._ -ur,. , in favor of City. City is deemed
<br />the beneficiary of the terms and provisio- f , Agr,._ 4 and of the covenants running with
<br />the land, for and in its own right and fr q ec "- ,*tecting the interests of the community
<br />and other parties, public or private, in vh(, vo .or whose benefit this Agreement and the
<br />covenants ruining with the land ha In lei Developer hereby declares its understanding
<br />and intent that the burden of P- ce, Ants kww,h herein touch and concern the land and that the
<br />Developer's interest in the 4v iF .i less valuable thereby. Developer hereby further
<br />declares its understanding ,_ a ira. �ha, oenefit of such covenants touch and concern the land
<br />by enhancing and increj -nj ent and use of the Property by the citizens of City and by
<br />furthering the health, sal, el .e of the residents of City.
<br />9. MISCELLANEO
<br />9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth
<br />and contain the entire understanding and agreement of the parties, and there are no oral or written
<br />representations, understandings or ancillary covenants, undertakings or agreements which are not
<br />contained or expressly referred to herein. No testimony or evidence of any such representations,
<br />understandings or covenants shall be admissible in any proceeding of any kind or nature to
<br />interpret or determine the terns or conditions of this Agreement.
<br />9.2 Amendment. Any alteration, change or modification of or to this Agreement, in
<br />order to become effective, shall be made in writing and in each instance approved by the City
<br />Council and signed on behalf of each party. Any requested alteration, change or modification of
<br />the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as
<br />applicable, for the City's review of the request. Each alteration, change, or modification to this
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<br />60A-198
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