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03-30-15-R
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03-30-15-R
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3/27/2015 4:33:58 PM
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3/27/2015 4:19:33 PM
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180304 <br /> <br />B. Conditional Use Permit. <br /> 1. Wholesaling and warehousing uses are allowed in either building up to 50% of <br />the gross floor area of the building in which it is located. <br /> <br />2. That City Staff shall be allowed access to the development on an annual basis <br />to determine the amount of wholesaling and warehousing uses in each <br />building. <br /> <br /> <br />5. RELATIONSHIP OF PARTIES. No partnership or joint ventures established between <br />the parties hereto by or under this Agreement or any agreement referenced herein. <br /> 6. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to <br />the benefit of the parties and their respected successors and assigns, including without limitation, any and <br />all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any <br />interest in the Property. Should the Developer convey any lot or lots in the project to a third party, the <br />City and the owner of that lot or those lots may amend the Master Plan or other city approvals for <br />development or use of those lots without the approval or consent of the Developer or other lot owners in <br />the Project. Private agreements between the owners of lots within the Project for shared service or access <br />and related matters necessary for the efficient use of the project shall be the responsibility of the lot <br />owners and shall not bind or restrict City authority to approve applications from any lot owner in the <br />Project. <br /> 7. LIMITATION OF LIABILITY. Upon sale or conveyance of any portion of the <br />Property, the transferee shall be liable for all obligations of the Developer which relates to the portions of <br />the Property so transferred and the transferor shall be automatically released from any further obligation, <br />liability, right or responsibility in respect to such transfer. Moreover, nothing herein shall be construed to <br />create a cause of action on behalf of the City against the Developer with respect to its business operations <br />beyond the obligations set forth herein relating to the development and maintenance of the Property.
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