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3. EXHIBITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br />Exhibit Referred to <br />Designation ation Description in Section <br />A Property Legal Description 1.3 <br />B Property Graphical Description (Site Plan) 1.3 <br />C Public Art Plan 2.5 <br />D Cooperative Agreement for Off-Site Improvements 5. 1.1 <br />E Remaining Offsite IN/litigation Measures 5.1.2 <br />4. GENERAL PROVISIONS. <br />4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section 8.3 below, no property shall be released from this Agreement until Property <br />Owner has filly performed its obligations arising out of the Agreement. <br />4.2 Duration of Agreement. The term of this Agreement shall be for ten (10) <br />years from the date that the Council adopts its ordinance approving this Agreement ("Effective <br />Date"); provided, however that the Owner may request one two-year extension from the <br />Executive Director of the Planning and Building Agency, which request shall not be <br />unreasonably denied. <br />4.3 Prohibition Against Assignment or Transfer and Identify of Owner. <br />Owner acknowledges and agrees that the qualifications and identity of the applicant (Vineyards <br />Development) and Developer, Ryan Ogulnick (owner of Vineyards Development) are of <br />particular importance and concern to City. Owner further acknowledges and agrees that City has <br />relied and is relying on the specific qualifications and identity of the applicant (Vineyards <br />Development) and Developer, Ryan Ogulnick (owner of Vineyards Development) in entering <br />into this Agreement and City would not have entered into this Agreement, but for the specific <br />qualifications, identity and representations of the applicant (Vineyards Development) and <br />Developer, Ryan Ogulnick (owner of Vineyards Development). Owner represents and warrants <br />to City that Owner has not made and agrees that Owner will not create or permit to be made or <br />created any assignment, transfer or sale, except in accordance with this Section 4.3.1, either <br />voluntarily, involuntarily or by operation of law. Any assignment, transfer or sale made in <br />contravention of this Section 4.3 shall be voidable at the election of City, in City's sole and <br />absolute discretion. Owner acknowledges and agrees that the restrictions set forth herein are <br />reasonable and were offered to the City as consideration for the Agreement. <br />4