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75A - PH FOR CARIBOU INDUSTRIES
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75A - PH FOR CARIBOU INDUSTRIES
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Last modified
11/12/2020 5:41:15 PM
Creation date
11/12/2020 3:25:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
11/17/2020
Destruction Year
2025
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of this Agreement for a term of fifty-five (55) consecutive years commencing upon the date of <br />issuance of the last certificate of occupancy for the Project. <br />8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" <br />shall be deemed to include any such transferee or assignee after the date such sale, transfer, or <br />assignment occurs in compliance with this Agreement. <br />8.1.4 Unnermitted 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 he <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 successors and assigns, and the <br />parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of <br />City, without regard to whether City is or remains an owner of any land or interest therein to which <br />such covenants relate. However, all such covenants and restrictions shall be. deemed to run in favor <br />of all real property owned by City which real property shall be deemed the benefited property of <br />such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to <br />all real property owned by City and running with the Property in accordance with the provisions <br />of Civil Code Section 1468, Furthermore, all of the covenants, conditions, and restrictions <br />contained herein shall also constitute easements in gross running in favor of City. City is deemed <br />the bencliciary of the terms and provisions of this Agreement and of the covenants running with <br />the land, for and in its own right and for the purposes of protecting the interests of the community <br />and other parties, public or private, in whose favor and for whose benefit this Agreement and the <br />covenants running with the land have been provided. Developer hereby declares its understanding <br />and intent that the burden of the covenants set forth herein touch and concern the land and that the <br />Developer's interest in the Property is rendered less valuable thereby. Developer hereby further <br />declares its understanding and intent that the benefit of such covenants touch and concern the land <br />by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by <br />furthering the health, safety, and welfare of the residents of City. <br />4. MISCELLANEOUS <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 with respect to the density bonus <br />of the Project, and there are no oral or written representations, understandings or ancillary <br />covenants, undertakings or agreements which are not contained or expressly referred to herein. <br />No testimony or evidence of any such representations, understandings or covenants shall be <br />16 <br />75A-151 <br />
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